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:

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  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.

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  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.

St. Vincent Constitution Review: A Closer Look

The Constitution or the supreme law of any nation is a body of laws that should be instituted by the people to meet specific needs. Some of the more pertinent requirement is to safeguard the needs and rights of the people of that generation and future generations from certain ills, and to ensure that an acceptable way of life is preserved while securing the following:

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  Guard against injustice in its widest from.
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  protect societal values, morals and norms
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  Guard against Anarchy of all kind.
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  to ensure the rule of law prevails and it is actually blind,
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  Provide a justice system that is free from corruption, as well as ensure that justice is free, fair and available to all.
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  And to ensure that the systems are in place to preserved peace, foster goodwill and ensure the well being of those that dwell in that land.

The enacting or the revision of a nation’s constitution is not an assignment that should be taken lightly; neither is it a task that should be undertaken by selfish men, with egoistic personalities, who lack strength and wisdom. For such a critical endeavor can have far-reaching consequences on the people of the day and on future generation if prudence, wisdom and good judgment are not exercised.

It is no secret that I do not trust Ralph Gonsalves: the Prime Minister of St. Vincent and the Grenadines or any of his actions. So when I heard that he was going to undertake the awesome responsibility of overseeing a constitutional review, I took that news with a pinch of salt, tremendous worry, apprehension and fear. This along with the fact that everyone knows that anyone Ralph Gonsalves hand pick and who later receives the rubber stamp of approval from his cabinet is either a stooge or a puppet. One who is willing to Jump, hop or skip at his command.

We have seen this in the behavior and example of the following:

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  Colin Williams the Director of Public Prosecution in St. Vincent and the Grenadines: Colin was a young man with lot of positive potential who had failed to realize his potential.
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  We also have the example of Keith Miller the Commissioner of Police in St. Vincent and the Grenadines: Keith is a young man who unfortunately lived up to his true potential.
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  And there is the elder statesman: Mr. Parnell R Campbell QC, who was made to resign his N.D.P held political portfolio, by Ralph Gonsalves when he leader of the opposition. By this incident we can conclude that Mr. Campbell integrity can be questioned. In my opinion he is one who should have been wiser; but unfortunately he is one who has become giddy from going full political circle on to many occasion, one whose inconsistency have caused him to become so intoxicated that he cannot serve no objective purpose.
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  It is for these reasons that I have been going through the document that is titled "The St. Vincent and the Grenadines Constitution act 2009." As a result, my scrutinizing eyes have picked up the following discrepancies.

I was of the opinion that the constitutional review and the Commission that was to undertake that review had an objective of ensuring that the Constitution of St. Vincent and the Grenadines kept up with the changing times, legal changes, and international advancements. However section 14 (1) of the preamble makes provision to replace the Governor General with a president. This section had therefore convinced me that; the constitution review which was ordered by Ralph Gonsalves Government was not only to bring the nation’s supreme law up to date with local, legal and international changes; but it was and is intended to equip St. Vincent and the Grenadines for the transition from an independent State to a republic. Am I the only person who was not aware that, this was the expressed intention of the constitution review or is Ralph Gonsalves and his government trying to put one over on us (Vincentian)?

I also find it strange that according to the preamble, section 6 (2) of the soon to be instituted President will have a tree years grace period to change "any" existing law that he sees fit, by publishing such in the official gazette. What is unfortunate is this part of the constitution did not specify which type of laws the president has the power to change, alter or amend. Here we have a situation where one man has the power and authority to bypass parliamentary procedures and amend any portion or body of laws he feels like; depriving the people who were elected for that purpose the opportunity to function in their capacity to draft, prepare and present amendments to bad laws to the house. This is the perfect way of sneaking a piece of no-good law onto the people, (selling them into slavery) and thus creating an unstable political and social environment. Such Wily Nelly method of changing, and or amending any portion or body of law, presents the perfect opportunity for unscrupulous men to act in their own interest or in the interest of a group etc. and sell the people of St. Vincent and the Grenadines to the highest bidder. In such cases the highest bidder is often the head of government who is obsessed with power; or some multimillionaire from a distance shore.

Another issue I am going to address in this discourse is one which aroused my suspicions. I am very suspicious of the reason why Chapter 6, section 69 (1) (a) is so wide. This section opens up the opportunity for people with duel or more citizenship to hold elected office in St. Vincent and the Grenadines. Now let us for argument sake conclude that such a person is elected or appointed to one of the political offices in the St. Vincent House of Parliament and after taking such office, that individual mess with our country’s finances and steal the little money we don’t have. Then that individual can run off to anyone of the countries they are citizen of and enjoy the good life.

In my opinion this is the Prime Minister’s way of ensuring that his son Camillo Gonsalves who is a citizen of three countries, St. Vincent the country he is least loyal to, has a secured political career in S.VG; and so this part of our constitution is dedicated to Camillo Gonsalves. I cannot see the sense in embedding such into the constitution of St. Vincent and the Grenadines; this can and will have serious implication in the present as well as the future. It is a sad thing that we are not mature enough to think of the future; unfortunately we can only see in the now and how it is going to benefit me.

Today we are living in an era of sophisticated technological advancement, an era where there has been unbelievable advancement in teaching and teaching aids. Now people with disabilities after they have received the correct training to offset their disability; they have been attending IV league schools, attaining note worthy education advancements, have excelled in various fields, (holders of degrees) functions in many capacities and in many instances they have even excel beyond their able body colleagues. Yet we see Chapter 6, section 68 of the new and soon to be enacted constitution discriminates against people with disabilities.

Isn’t it a shameful that in such an era like this one, the new Constitution of St. Vincent and the Grenadines has discriminatory clauses? And isn’t it embarrassing that the blind, the hearing impaired and the physical disable are the ones who are subject to such discrimination.

Sec. 68 (1) "A person shall be qualify to be elected or selected to be a representative if, and shall not be so qualify to be so elected or selective unless he (the term "he" here is sexist and therefore automatically disqualifies females)

(d) is able to speak (this disqualify the person who is unable to speak no matter their academic qualification and competences there are so many intellectuals that cannot speak) and, unless incapacitated by blindness (people with the learning and ability of New York City Governor David Paterson is excluded) or other physical cause (this automatically disqualify People with the ability and tenacity of four term US president Franklin Delano Roosevelt FDR and would have automatically disqualify Larry Bascombe if he was alive), to read the English language with a degree of proficiency sufficient to allow him to take an active part in the proceedings of the national assemble.

This in its-self is indeed a primitive step which will take St. Vincent and the Grenadines in the wrong direction. Can you believe the audacity of the government and people of St. Vincent and the Grenadines to discriminate against people with physical or other impediment? Not only in though and actions; but such evil, discriminatory and insensitive biases will soon be legally enforced; as such are embedded into the supreme law of St. Vincent, are you kidding me?

In my opinion there are too many ambiguities in the constitution as it stands. I am of the opinion that cobweb has taken over the legal minds that was entrusted with such an important responsibility. I cannot wait to read the final draft.