ELEVEN YEARS ago, then Prime Minister P.J. Patterson, overcome with joy at Jamaica's historic qualification for the World Cup, declared a national holiday, an act that he could not legally do. In reacting to the public backlash, Prime Minister Patterson pronounced in Parliament that "The law is not a shackle".

This infamous statement followed, now retired Patterson, for the rest of his political life. The truth is, however, that was telling it like it is.

Protect democracy

The prime minister of Jamaica controls the executive and legislative branches of the government, so he is, therefore, free to pass or amend any law he sees fit. Save for those provisions enshrined in the Constitution, here, in this document are the only shackles that bind all Jamaicans. To alter the Constitution the prime minister needs overwhelming control of Parliament (a two-thirds majority) and in some cases even that is not enough, for some provisions can only be changed by referendum, that is, by the direct action of the people. For this reason the judiciary armed with the Constitution, trumps the prime minister. Ultimately, it is this document that protects our democracy, and all our rights, by its contents are we protected from state tyranny.

It is for this reason that countries guard the provisions of their Constitution, with almost paranoid attention and treat with absolute disdain any violations or infractions, especially those committed by the Government.

So must we evaluate the current dual-citizenship debate, the fairness of the provision is secondary to its treatment, as a part of our Constitution. If we the people of Jamaica feel it needs to be changed this can be debated and decided and if needed, amended.

I am, etc.,

Paul Duncan

pduncan428@gmail.com

Kingston