The mother of all laws

Published: Sunday | March 8, 2009



Lambert Brown, Contributor

Abe Dabdoub must be commended for bringing to the nation's attention the issue that some of our lawmakers possibly are themselves lawbreakers. The constitution of any country is the highest law of the land. The authority for all other laws springs directly from the constitution.

Parliament cannot legally pass any law which conflicts with the Constitution. That is why the Privy Council overruled the Parliament over laws passed by the Caribbean Court of Justice under the previous government. It is for the same reason persons convicted of gun crimes are not now serving "indefinite detention", as our Parliament approved in 1974 with the Gun Court Act. Our Parliament is, therefore, subordinated to our Constitution.

Thankfully, Dabdoub has expert knowledge of our Constitution. However, the majority of Jamaicans are ignorant as to the importance of the Constitution. In fact, only a very small minority of our citizens even bothers to read the content of this, the mother of all laws.

There was a time when we taught civics in schools. Back then, people showed greater respect for our laws. Maybe this could be a route to inculcate the much-needed respect for the rule of law in the nation.

Frightening

Allegations that almost 10 per cent of the members of our House of Representatives are sitting there contrary to the Constitution is frightening. Our leaders have let us down by allowing people not qualified to be members of Parliament to be making laws to bind the rest of the society. These 'strangers' have influenced laws relating to life and death, such as the recent resolution on the death penalty. Can we, as a nation that believes in the rule of law, allow this to continue? A resounding no should be our response. The condoning of this most egregious breach of the Constitution by inaction and obfuscation must be brought to an end with dispatch.

I refuse to believe that our leaders were unaware of requirements of Section 40 of our Constitution. An affinity for political expediency is an albatross around the neck of our body politic. It is holding back our country's development. How can we, with credibility, call on the criminals to put down their weapons of death or to respect the person and properties of fellow citizens, if first, we do not practise what we preach? The do as I say, but not as I do paradigm holds no water in a modern world. The rule of law must apply to all equally and in the current situation, our laws are being unequally applied. This is not good for democracy.

The prime ministers of Jamaica are required to take a solemn oath before they can be so appointed. That oath demands of the prime minister that he or she, " ... defend the Constitution and laws of Jamaica and to conscientiously and impartially discharge my responsibilities to the people of Jamaica. So help me God". It is, therefore, incumbent on the current prime minister to take the lead in ensuring that this abomination comes to an end.

How can our leaders expect that the people would willingly unite and heed the call to make sacrifices if the people know that our top political leaders are not living up to their contract with the nation to act impartially and to defend the Constitution?

Short-sighted

Governing that banks on the people's ignorance of the Constitution is short-sighted. The fact that the overwhelming majority of our population does not understand the Constitution may very well be a major reason for the absence of a strong sense of nationalism among our people. This ignorance has allowed for the growth of partisan responses to issues when national cohesion was required. Some examples of these are the recent dismissal of the Public Services Commission, the passing of the Caribbean Court of Justice bills, the role of the director of public prosecutions, and the current dual-citizenship debate.

One potential benefit of Dabdoub's exposure of the constitutional breach is to make us all more knowledgeable about our Constitution. If, through this, we enjoy growth in nationalism, gain greater respect for our laws, institutions and our citizenship, then our country would indeed owe Dabdoub an even greater debt of gratitude. How we overcome the ignorance is a big challenge which we must face head on as a nation.

When I attended Jamaica College decades ago, I was taught civics by a teacher named John Maxwell. A lot of what I know now about governance I learnt back then. Our main textbook was Civics for Young Jamaicans by L. C. Ruddock. I am fortunate to have a copy of this rare book on my desk as I write this column. I recommend it to all Jamaicans, young and old. It appears to me that many of our parliamentarians need to get themselves a copy of this book so that they can learn how to properly utilise Parliament to advance the causes of our people.

Amazed

I am amazed at how infrequently our parliamentarians have sought to use the right of private-members' motions to make laws or change bad laws. Our parliamentarians have surrendered the paramountcy of Parliament to the dictatorship of Cabinet. Fear of party leadership has emasculated our parliamentarians to being a bunch of desk-knockers and cheering choirs instead of being independent legislators like their counterparts in the United States Congress. The average US congressman or senator is busy drafting and passing laws or participating in hearings with a view to improving governance. It is their knowledge and the full exploitation of their constitution that makes the American congressmen so powerful. It is the absence of such knowledge that makes our parliamentarians appear so infantile and impotent.

One law that I would like to see our parliamentarians join forces across party lines and pass soon is that of protecting workers, who are not members of trade unions, from unfair dismissals. There is bipartisan consensus on such a law that could bring justice to thousands of Jamaicans from all walks of life, yet not one of our parliamentarians has seen fit to propose this minor amendment to the Employment Termination and Redundancy Act. Sadly, what we have is a case of no action unless the Cabinet so instructs. It is time for our legislators to reclaim the equality the Constitution gives them and stop being the 'water boys' of the Cabinet.

Lambert Brown is president of the University and Allied Workers' Union, and can be contacted at labpoyh@yahoo.com. Feedback may also be sent to columns@gleanerjm.com.