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#BTSpeakingOut – A new Constitution: but the people have power too

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by Carl Moore

In his excellent little book “The Constitution and You Barbados”, retired judge Mr. LeRoy Inniss makes this penetrating point: “Knowledge of the Constitution is the citizen’s first defence against arbitrary or illegal state action.”

Mr. Justice Inniss, however, also concedes that since the Constitution is written in technical language, many people have come to believe that it is of interest only to scholars, lawyers and judges.

For several years this inquirer has been suggesting – as did Thomas Jefferson over two hundred years earlier – that a new constitution should be written to coincide with every generation – around every 25 years or so.

As a legal nonentity, but someone with an interest in language and communication, I find it awkward that there are still scores of references in the Constitution to the Governor General and the Prime Minister and other offices as “he” and “him” even though we’ve now had two gracious ladies (one since 1990) as representative of the Head of State and one as Head of Government.

An amendment here and an amendment there – what Dr. Kristina Hinds calls “tinkering” – will not adequately address the anomalies that are sure to arise as we move on in this new republic status.

The learned retired judge also says in his book: “The Constitution is only a document; it is the persons in control of the affairs of the country who have the opportunity and the power to ensure that it works.” M’lud, may I add: “And the people too!”

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