Latest update April 18th, 2024 12:59 AM
Apr 27, 2012 News
Attorney General Anil Nandlall said yesterday that if any law contradicts with the Constitution, that
law should be struck out. In a brief interview with this newspaper, the Legal Affairs Minister gave his thoughts about the matter.
According to Nandlall, in Guyana, the Constitution is the supreme law of the land. He said that Article 8 of the Constitution provides that any law that is inconsistent with the Constitution is void to the extent of that inconsistency.
The AG further stated that every time parliament passes a law, it must meet the test of constitutionality. He said that if there is any collision with the constitution either expressly or by implication, the High Court as the guardian of the Constitution reserves the right to review the law and strike it down with the inconsistencies.
Nandlall went on to say that with regard to the “cross dressing” law if it is inconsistent with a person’s freedom of expression, or any fundamental rights, that law is inconsistent and it deserves to be struck out. He explained that under his predecessors a law reform commission is important. However, before that is completed there will be a law revision, in which they will update the laws – injecting into them all the amendments over the last 30 years.
The last time a law revision was conducted was in 1977. Under the Justice Improvement Programme they are now completing the exercise. Within the next two months the complete revision of the laws of Guyana would be made public. He said that after this is completed it would be prudent to consider the establishment of a law reform commission.
A study on the social impact of laws affecting people of different sexual orientation in Guyana which was done by Dr. Christopher Carrico, found that although the constitution guarantees every Guyanese the right to live in a society without discrimination, there is rampant discrimination against a certain section of the society. (Latoya Giles)
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