Daniel Thwaites | Careful with the Constitution, Andrew

When we casually refer to Jamaica as a 'democracy' it's at least partly aspirational. That's because in the full-bloodied modern usage of the term we mean more than just the holding of periodic elections when we say that a country is "democratic".

For example, we also tend to mean that there's a respect for the rule of law, a healthy appreciation of at least some basic human rights, some accountability of the ruling elite, and some basic transparency in Government's decision processes and behaviour.

The thing that you have to watch is that we all have a little soft spot for some good old-fashioned authoritarianism when it comes to things we care about, or when it's people we like running the show. But it sure can be dangerous.

Let me give you an example. Since I'm a great fan of the single use plastic ban, I was suitably impressed by the Government's dismissiveness with all the whining about the country being unready. Mind you, I think there's something to the criticism that a full sensitisation campaign has yet to been launched, and that's a major oversight.

 

Petrojamming Distractions

 

But I also understand that there have been some Petrojamming distractions, and this ban will be inconvenient whenever it is launched.

So when I heard Daryl blasting past the objections and the requests to "slow down" and "delay" the implementation of the ban, I was like "Yessssss! Forward wid de ban mi bwoy!" Secretly, I even want the Government to go further. I think heavy regulation and restriction should be extended to all kinds of plastics.

Speaking of which, I see people asking if this plastic ban will cover not just scandal-bags, but also the occasion of scandal, like condoms, because those are supposedly single use. Well that's an interesting question that the authorities might want to address. First issue, as far as I know, is that it's only rich people who have this "single use" idea about them, but that's probably controversial.

Truth be told, my only knowledge about those things derive from television, because as a Catholic that kind of single use plastic has been outlawed from ages ago.

But I want to make a broader point. We have to go beyond just banning "single use" plastics and look at banning some plastics even though they are used over and over and over again, even for a lifetime.

For instance I'm hoping the Government will actually ban the plastic that so many of the ladies are putting in their bosoms and bottoms. It's ridiculous, but that's another story.

Back to my self-diagnosed regrettable susceptibility to some authoritarian behaviour. It's one thing - maybe even forgivable - when we're talking about plastic. It's quite another scandal bag when it comes to the Constitution and the nation's fundamental law.

So Mr Holness delivered himself of this tour-de-force of brilliance on New Year's Day surrounded by the heads of the country's security forces, and while responding to a query about the states of emergency, whose constitutionality, to put it mildly, is hotly contested:

"The legal luminaries can argue the points and they can engage in all kinds of ahhhm philosophical and intellectual endeavours ... my time, and my priority, is about the security of the country. Others can go and argue about other things. My job is to keep the people safe."

Those words strike me as a stunningly dismissive approach to the Constitution that he swore to uphold. I don't deny for a minute that one of his jobs is to keep people safe, but it's troubling that he chose to juxtapose that with a wave-off of the Constitution.

In my view, the Constitution is the primary guarantor of people's safety, and it would be a lot more comforting if Mr Holness didn't thing otherwise.

Remember, this is in the context of Mr Holness looking to normalise the use of drastic emergency powers over long periods of time. Yet we've now found out that all the reasons offered as to why the states of emergency had to be extended have collapsed.

It turns out that the operational changes required are minimal, and the only substantive difference is that the security forces can't just "grab up de bwoy dem" and keep them indefinitely.

 

Authoritarian Behaviour

 

Here we run into how authoritarian behaviour looks when you're not on board with the plan. Because Mr Holness' dismissiveness of the weighty concerns of those he calls "legal luminaries" is disturbing. Those who feel attracted to the hint of authoritarian swagger in his pronouncements will do well to remember that the subtle signal sent by the head becomes gross action on the streets.

I recall Mr Holness clutching a Bible and telling the governor general how faithfully he would uphold the Constitution of Jamaica in all his dealings. He then followed up with some finely spun rhetoric. Well now we have it, the ish in the scandal bag is hitting the fan and all those pieties have been long forgotten.

- Daniel Thwaites is an attorney-at-law. Email feedback to columns@gleanerjm.com.