#BTSpeakingOut – Of dreams and nightmares

Disclaimer: The views and opinions expressed by the author(s) do not represent the official position of Barbados TODAY. 

by Dr. Derek Alleyne

One way of avoiding dealing with reality is to dream and recently some Barbadians have been expressing their dreams in writing. As Prime Minister Mia Mottley sets off on her new mission, she has already indicated that Barbadians can expect more.

Mottley plans to amend the constitution of Barbados again. This time she plans to change the age of senatorial representation from 21 years to 18, and in the process elevate a recently enrolled law student Khalid Kothdiwala to the Upper Chamber.

A constitution is the supreme law of a country. In contrast to ordinary legislation, it embodies the fundamental choices made by a country and its people that establish the basis for political and social life.

Constitutions establish the system of government, distribute and constrain power, protect the rights of citizens and deal with various additional issues of identity or substantive policy that are considered foundational in the specific context of a particular country (Brokenforde, 2017).

Provisions regulating the amendment process are a feature of modern constitutions but as Markus Brokenforde explains, a constitutional amendment process that is too rigid —making formal amendments too difficult — will prevent necessary reforms, ultimately resulting in a constitution that loses both functionality and legitimacy.

On the other hand, a constitution that is too flexible — making formal amendments too easy — leaves the constitution and the rights and institutions it establishes vulnerable to erosion by the incumbent government.
Although Mottley’s majority gives her the legal right to amend the constitution, one would expect some maturity before amendments are contemplated. With all the seats and no parliamentarians with courage, the amendment procedures cannot constrain her, but partisan considerations should not inform constitutional amendments.

Twice Mottley has used her parliamentary majority to make changes that meet her political interests. In her first incarnation, two non-residents were made senators with an amendment to the constitution that adjusted the residency clause. Now Mottley says she wants to set a new record by installing an eighteen-year-old lad in the Senate.

Few may remember the furore the Opposition party, of which Mottley was a member, raised when Senator Damien Griffith was appointed in 2008 at the age of 24. He was too young, they said, but now an 18-year-old is alright. It sets another record for Mottley. Another question for Mottley is whether the age restriction for election to the Lower House will be reduced to eighteen as well.

These developments are taking place when Barbadians have been told that they will be part of the construction of the new Republican constitution. It is commonly accepted that the people are the ultimate source of sovereignty.

If this still obtains in Barbados, should not the naked power that informs the amendment of the supreme law to make a teen a law maker be entitled to be curbed by the wisdom of the people? Referenda are not part of the constitutional provisions of Barbados but in countries like Japan, Australia, Denmark and Ireland, no matter the inconsequential nature of the change, a referendum must be called.

Since Mottley promised national engagement in the new republican constitution, referenda to determine important changes are the best way to learn the will of the people. Her words notwithstanding, consultation appears to me not in Mottley’s DNA.

One of the obvious conclusions that may be drawn from the results of the 2022 untimely General Elections is that Barbadians appear comfortable with a decreasing power to oppose governmental dictates.

Garth Patterson in a local daily expressed the view that “this new administration must convince the people of Barbados that it is not only capable of resisting, but will unreservedly rebuke, any natural inclination towards authoritarianism or autocracy, and will vigorously uphold the cause of democracy, no matter the cost”.

Patterson went on to invite the Mottley administration to look at the things it got wrong… do right by all Barbadians… make a promise, a solemn vow and put necessary systems in place to ensure that this travesty will not happen again”.
Patterson has demonstrated a clear understanding of the nature of the democracy we practise but unfortunately he has decided to dream the impossible dream.