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Wednesday, November 18, 2009

The Guiding Principles: What Are They?

it is unfortunate that some supporters of the Vote Yes Campaign are using aspects of the "Guiding Principles" as enforceable laws of the constitution. This is done in an effort to convinced members of the Vincentian community to support their cause and on the 25th November 2009 the community may join with then and vote Yes in the Referendum and thus enact the constitution act 2009 the Supreme law of S.V.G. apart from being unfortunate it is shameful that responsible men will act so immature and dishonest on a matter of national importance.
Although I heard many legal professional speak of the "Guiding Principles" that are apart of the Constitution act 2009; apart from referring to them and the way they are being used no one took the time to explain to the public in simple understandable language (English) what are the Guiding Principles? Why such are apart of the Constitution? And the relevance of such in the context of the body of law?

What are the Guiding Principles?
The Guiding principles are a group of principles that were taking into consideration by the drafters and others participant who were involved in the construction of the Constitution. The Constitution should be based on these principles and therefore they should be reflected within the document. the principles that are held dear and are widely practiced in and by the community. Every action, meeting, discussion, consultation and any other activities that took place as part of the construction process of the final document, in this case: the Constitution Act 2009. The Constitution should have evolved with these principled at the fore. In other words, the guiding principles should have been the light which lit the part that led to this document. Why do I get the impression that the guiding principles were thrown together along the way or even after the constitution was completed.

Every constitution is divided into two section the enforceable section (the law) and the none enforceable section (areas such as the guiding principles)

Why are the Guiding principles a part of the Constitution act 2009?

There are two important reasons why the Guiding Principles are apart of the Constitution act 2009 even though they are not laws. These reasons are:

  • The Guiding Principles give those who reads the constitution a better understanding of certain aspect of the enforceable part of the constitution as well as; it give others a clear understanding of the principles on which the law was founded.

  • The Guiding Principles also gives the ordinary individuals as well as those who are endowed with the powers to interpret and make ruling on such laws a guide line as to what objective the people were trying to meet or accomplish, what situation they were trying to address, what conditions they were trying to prevent and what aspect of their life they wanted to protect or what were they guarding against.
So although the Guiding Principles are not enforceable laws, they play a very important interpretive role that will provide a better understanding what was the intention of the of the people when they create this document. (the enforceable section of the constitution act 2009).
Let me give you a practical example of how the guiding principles work.

Let us use for a point of example the first of the Guiding Principles as recorded in the document at 5 (1) which deals with the sovereignty of the people (the people are responsibility for their own affairs). The enforcable section of the Constitution should seek to outline in detail, the means by which the people will be so empowered and how are they are going to excersise their sovereign rights as a people. Nothing in the enforceable laws should seek to erode the sovereignty of the people but to promote such.

lets take a look at the enforceable section of the Constitution to verify whether the body of this document seek to facilitate the empowerment of a sovereign people.

We can see structures such as the establishment of a government as, the establishment of a boundaries commission, the protocol that deals with the election of Representatives and senators, and the other checks and balances to ensures (to a certain extent) that the people remains sovereign and therefore exercise their sovereignty by democracy.
But there are also somethings in the Enforcable section of the constitution that create a threath, not to the soverignty of the country but to the country being a soverign demacracy, by the ease at which the constitution can be tampered with.

any aspect of a cultural, moral, ethical, social practice and belief that is included in a nation's constitution is a sign that these are aspect of their practice and belief that the people cherished and believe should be upheld and protected for the benefit of the current and future generations.

It is therefore dishonest and unconscionable for anyone to promote the guiding principles as enforceable law. I hope it is not a case of: "if you keep the people ignorant you will rule them better."

NEW TOPIC: The Challenge Issued.

It is important for all to understand with the exception for the Constitution parliament has the power to amend, nullify and or make new laws. Parliament also has the power to enforce such new laws, amendment and nullification of any piece of body of law with a majority vote in the house of Parliament. such laws includes any law that is currently enforced.

although it is my legal, and moral conviction that Homosexuality is an inexcusable and vile act; however, the precessing paragraph is the foundation I have laid to make a bold Claim base on the laws of St. Vincent and the Grenadines. I am not only making a bold claim I am also going to challenge any of the Superior legal minds in St. Vincent and the Grenadines or any where in the world to prove me wrong.

On the issue of same sex marriage: there is nothing in the current laws or the new Constitution Act 2009 of St. Vincent and the Grenadines that can prevent two people of the same biological sex or social gender from getting married in St. Vincent and the Grenadines. and those who use the argument of the Buggery laws of the criminal code and the gross Indecency law do not have a practical or legal argument that can convince a Judge that it is illegal for two people of the same sex who want to get married from getting married.

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