THE existing constitution is what is known as the Westminster export type of constitution. For the purposes of constitution making in the Third World, there are two significant features of Western style constitutions, namely-they are all capitalist oriented; and the degree of people involvement for which they provide is consequently limited. The concept of the state under such a constitution was one in which the government was limiting the opposition to holding the ring. The most logical way of beginning any discussion of the constitution is to start with the constitution which we have and to ask what is wrong with it and what are the remedies we can make to balance it in favour of the people and the opposition.
To resolve this issue it is necessary that the existing methods of amending the Constitution should be retained. These methods are: a majority vote of all elected members of the National Assembly supported by a referendum; a two thirds majority vote of all elected members; and a majority vote of all elected members.
The existing court system is retained and its independence guaranteed. The office of the D.P.P. is retained and its independence guaranteed. The office of the Ombudsman is also retained and its independence guaranteed.
The Judicial Service Commission, the Public Service Commission and the Police Service Commission are retained. The Teaching Service Commission is also retained without political interference. In a Republic like ours, the Executive President has too much over- riding powers – big and small, old and new. We should work towards a logically neater arrangement under which the head of state has less power.
The answer, I suggest, is that there be the fullest possible degree of public consultation and discussion on the new Guyana Constitution.