The rule of law

NOT by accident does society set out to put in place laws. Moreover, it is not by chance that independent nations such as ours, having emerged from political domination and oppression, have put in place a system of laws to which all are subject. Though the focus here is not to engage in discussion on the laws of other lands, given that such understandably are shaped by the realities in those societies, the nexus is drawn insofar as respect for and enforcement of the laws, both domestic and foreign, are key to maintaining a stable and cohesive society. And a stable and cohesive society creates the environment for growth and development.

The World Justice Project, an independent, multidisciplinary organisation working to advance the rule of law around the world and in bringing to bear internationally accepted standards, has defined the “rule of law [as] a system in which the following four universal principles are upheld: 1) the government and its officials and agents, as well as individuals and private entities, are accountable under the law; 2) the laws are clear, publicised, stable, and just; are applied evenly; and protect fundamental rights, including the security of persons and property; 3) the process by which the laws are enacted, administered, and enforced is accessible, fair, and efficient; and 4) justice is delivered timely by competent, ethical, and independent representatives and neutrals who are of sufficient number, have adequate resources, and reflect the makeup of the communities they serve.”

To the extent that the rule of law reigns in societies, it is not surprising there is more progress. This is so because citizens know that regardless of their diversity; socio-economic status; political title or influence or
connection; or entitlement status; if they do the crime and are caught and found guilty, they will have to do the time. Thus it is not surprising to hear reports of the ordinary man and woman, as well as the connected and influential, being placed before the court, and once found guilty, are sentenced. In such societies, upholding the rule of law is equivalent to a badge of honour which the public rewards such persons by holding them in high esteem.

This is not to say that persons may not deliberately set out to violate the law, being fully aware of the consequences, but it makes the point that even when there is ignorance of the law, or when one feels sufficiently immunized to violate the law, by upholding the principle of the rule of law, the society’s well-being is safeguarded.

Where the law is allowed to rule, people not only cultivate a sense of security, but adopt an aura of assurance. In the instance of the weak/powerless, s/he stands a better chance of not being exploited by the mighty/powerful, because redress can be sought and protection under the law demanded.
The businessman has needed assurance to invest, in that the law will bring to justice those who rob him. Equally, he knows that if he fails to respect the law, he is courting the consequences thereof. The Police Force, tasked with responsibility to “Serve and Protect”, is better able to discharge its duty, assured that the law safeguards the law-abiding, and violators will be held to account.

Elected and appointed members of the legislature, executive or other constitutional offices, in taking the oath of office and in having pledged to serve consistent with the law, are equally to be held to account consistent with the rule of law. For the rule of law is premised on the legal doctrine that it is the law that should govern a nation, and not that a nation should be governed by arbitrary decisions of individual government officials.

Guyana must reach the stage when it matters not whether one is in government or opposition; whether one belongs to a particular race or ethnicity; whether one has great influence or connection; one must know that one has to subject oneself to the rule of law.

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