The principle of constitutionalism holds that the government is limited by law as prescribed by a constitution. This is a bedrock democratic principle as it ensures that the individual and the government stand equally before established norms and the value of the rule of law and, as such, protects the vulnerable individual from arbitrary abrogation of his fundamental rights by the brute force of police power.
However, constitutionalism protects not just the individual but it also safeguards the very way of life in our society as it maintains the continuity of liberal and democratic traditions that distinguishes St. Kitts & Nevis as a free society. The people who elect the National Assembly and therefore consent to be governed by whichever party that is lawfully elected have the legitimate expectation that the Representatives so elected will uphold the laws of the land. This of course means, first and foremost, the constitution. In fact, the elected Representatives swear an oath to uphold the constitution.
The common man knows that if he breaks the law he will and should be punished by the courts. The principle of constitutionalism gives him the assurance that the same rule will apply to those in power. Whenever any event gives even the appearance that this basic equality before the law is not being upheld this gives rise to serious and legitimate questions about the nature of our legal and democratic systems. There is no room for "one rule for the small man and another for the big man." This is why the current controversy about the dual citizenship of certain elected Representatives is so serious.
In s 28 (1) (a) of the constitution of St. Kitts & Nevis it states that: "A person shall not be qualified to be elected or appointed as a member if he is, by virtue of his own act, under any acknowledgement of allegiance, obedience or adherence to a foreign power or state."
The exact application of this section, like all others in the constitution, is the proper purview for the courts to decide but any reasonable person is immediately cognizant of the fact that it places those who wish to run for office while holding dual citizenship on precarious ground. The fact that it has now come to light that there are several elected Representatives who fall afoul of this provision raises the serious danger of bringing our Parliament into disrepute unless this unusual situation is rectified as soon as possible. Since the law indicates that a dual citizen is not qualified to be elected it is reasonable to assume that any person who is purported to be elected and is a dual citizen is not legally a Member of Parliament.
The situation of Commonwealth countries is dealt with by the inclusion of both power and state in the proscribed category. A state is defined as a political association with effective dominion over a particular geographic area. It is clear that the Commonwealth countries are foreign states. I refer to the subject of citizenship because citizenship derives from a legal relationship with a state which bequeaths rights to the citizen and imposes obligations upon him.
The most obvious obligation of a citizen is to be by his own act under the allegiance, adherence and obedience to the laws of his state. It is of critical and devastating significance that our elected Representatives, who form the government of our Federation, are negligent of their basic duty as citizens.
This situation is worsened by the fact that s 26 (5) of the constitution states that; "Any person who sits or votes in the National Assembly knowing or having reasonable grounds for knowing that he is not entitled to do so shall be guilty of a criminal offence and liable to a fine not exceeding one hundred dollars, or such other sum as may be prescribed by Parliament, for each day on which he so sits or votes in the Assembly." It sets a very dangerous precedent that there are those in government who think nothing of deliberately engaging in criminal activity.
The Federation of St. Kitts & Nevis is a proud member of the community of democratic nations. This means that our citizens as well as those who immigrate here to invest or just visit as tourists expect that our government is constitutionally elected and that our elected Representatives are law abiding citizens. It appears that these basic requirements have not been met by our current government and it puts our international reputation at stake.
It is imperative that those responsible to the right thing to bring themselves and the country back within the rubric of the rule of law. This means that all those who are guilty must immediately remove themselves from office, regularize their status and then seek a legitimate political mandate. This is a matter of utmost importance and urgency and the public must demand that the Governor General address his mind and energies to its resolution without delay.
