ANALYSIS
planting the seeds of a homegrown constitution. However, it is my view that much more is required if these seeds are to be classified as homegrown. Dr. The Hon. Ralph Gonsalves is possibly the front-runner of this perspective when he noted that, “… we must have established and institutionalised a homegrown Head of State, reflective of the people’s own image, likeness, faith, love, and hope; and this will finally exorcise the last formal vestige of the incubus of colonialism, and we must move away from the debilitating fiction of a foreign sovereign. A monarchical system of government headed by a foreign queen, as it then was, and which has been in place in Barbados since the early years of the 17 th century, is not merely alien in its definitional essence; it has evidentially created ghosts which people, subversively, [made] our dreams.” UWI Lecturer Dr. Ronnie Yearwood while still fervently supporting republicanism believed that this was merely tinkering at the edges, as there should have been more consultation with our peoples. Moreover, utilising other models, we could have determined new powers, appointment processes, and functions for this new President, as opposed to replicating the powers of the former Governor General. It is my view that the road to the ‘purist’ version of republicanism is one marked with more than replacement of the Governor General with a President. This road must be travelled in its entirety by this reform process. However, in order for us to build this Republican Constitution, and for us to give ourselves the homegrown constitution we always wanted, according to Professor Albert, there are certain considerations and general principles which we must heed.
What is a Homegrown Constitution? I t is said that the first consideration is to determine what a homegrown constitution is. It is homegrown or autochthonous if it derives its force and validity from its own native authority. For us, this implies a lack of imposition from colonial powers and deliberate inclusion of the voices of the people. Therefore, many people must first be acutely aware and educated on the importance, nature and impact of the Constitution and participate in its formulation. We must aggressively wrestle with the commonly held view that it is a document only for lawyers, intellectuals, political scientists, and judges and devoid of any meaning for ordinary people. Professor Richard Drayton , lamenting on our constitutional crisis, is apt when he noted in part that “our profound and unacknowledged constitutional crisis is not of any kidnapping and commanding of the branches of government, but a crisis of both the governors and governed and their relationship with the res publica to the commonwealth. That despite the right to vote and even sit in parliament, we do not have a sense of ownership of and a duty of care towards the state, society, and the law. This is a problem of our Constitution.” Our current iteration of our reform, according to Professor Albert, must therefore treat our Constitution as a ‘verb’ and not only a noun. It must be treated “as it is an action, as becoming and rebecoming, based on the present values of the people, as that is what it means for people to give itself a living constitution, one which is constantly revisable, refinable, not static, but dynamic and receptive to change.” It is only when our Constitution is a verb that we build responsible citizens and define a collective identity. A homegrown constitution, according to Professor Albert, is one that originates with the people, reflects their opinions and values, and allows them to express their trepidations and aspirations. However, ‘home’ is a difficult place to define in the context of the migratory patterns of our civilisation, and one must interrogate and factor in varying definitions, inclusive of the diaspora, which will inform our approach. As the process unfolds, the role and sway of the diaspora in the constitutional making process will be of utmost importance. ‘Homegrown’ must also be defined delicately, as we must find mechanisms to persuade our peoples that a mirrored constitution is not limited to the tyranny of their majority but must also protect minority rights. In this context, it is difficult when there are so many varying wants, needs and aspirations that must be managed, even as one engages with all people, interest groups and other stakeholders that will inform our constitutionalism. Moreover, in this era of regionalism, globalisation and global
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