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Having done a brief ad hoc review, based on information published in the media – mainstream and social media on the frequency, scale, scope, feedback from parties in constitutional matters before the Guyana Courts, comments, and concerns from legal professionals, as well as feedback from the general public; I would like to recommend that Guyana begins a serious conversation or go even further, and establish a Constitutional Court.
This court should consist of a panel of Judges with in-depth knowledge in Constitutional Law in the context of development and sustainable development. Perhaps, provisions could be made for one or two of the judges on the panel to be selected from foreign countries. This is particularly relevant since Guyana has a small population of 750,000.
I believe that this could add more credibility and diversity to constitutional reviews, and judicial reviews of a constitutional nature. It could also result in increased public confidence in the constitutional review process, as well as reduced perceptions of political interference in the process.
A Constitutional Court could be justified in the light of Guyana’s new growth trajectory, as well as strengthen the Judiciary, as the third ‘Arm of Government’. The international community can provide support in funding the establishment of this Court and the development of the Constitutional Court Law and procedures for appointment of judges, etc. There are many good examples of Constitutional Courts which Guyana can learn from.
Rule of Law Advisor/Advocate