I wish to enter the debate on the concept of ‘separation of powers’, in particular, to respond to Emile Mervin’s letter in Thursday’s edition of the Kaieteur News.

The separation of powers concept is indeed important and, as far as I know, accepted by this Government. But it could be seen, as pointed out in Dr Prem Misir’s letter the previous day, as a flexible concept and not a ‘sacred cow’.

The US Congress recognised the need for this flexibility by rejecting the move to make explicit the separation of powers concept. It allows for acceptable encroachments.

That flexibility is necessary since it became clear that in order to respond to changes it may be necessary for the three branches of Government to encroach on each other. There must exist an adequate amount of ‘separation of powers’ as pointed out by the US Congress in rejecting James Madison’s amendment in his ‘Bill of Rights’.

Like the United States, our President does not have unlimited powers. Article 180 of our Constitution points out how and why the President may be removed from Office. The reasons range from gross misconduct to matters of violations of the Constitution. The changes made to the Constitution since the PPP/C took Office also saw term limits being placed on the President, and the consultation process being more inclusive.

The same way that the Judiciary encroaches on the Executive to act as a check and balance; the Executive and Legislature do the same for the Judiciary. Appropriate encroachments are really necessary to allow the three branches of government to be responsive to changes.

The separation of powers is not a sacred cow by virtue of the great need to operationalise it in a flexible way to meet the changing demands of society. The changes made to the Dictator’s Constitution which was inherited is enough to prove that the PPP/C has no desire, as stated by Mervin, to form a dictatorship.

On a point of correction the PPP/C does not enjoy a two thirds majority in Parliament. They won 54 percent of the votes at the 2006 elections and occupy 37 seats while the combined opposition has 28 seats.
Hackett