The Constitution of Guyana is the highest governing document in the Republic of Guyana. It came into effect on October 6, 1980, replacing the constitution enacted in 1966 upon its

independence Independence is a condition of a person, nation, country, or state in which residents and population, or some portion thereof, exercise self-government, and usually sovereignty, over its territory. The opposite of independence is the stat ...

from the

United Kingdom The United Kingdom of Great Britain and Northern Ireland, commonly known as the United Kingdom (UK) or Britain, is a country in Europe, off the north-western coast of the continental mainland. It comprises England, Scotland, Wales and ...

. The current Constitution of Guyana contains 12 chapters that are further divided into 232 articles. It also contains a

preamble A preamble is an introductory and expressionary statement in a document that explains the document's purpose and underlying philosophy. When applied to the opening paragraphs of a statute, it may recite historical facts pertinent to the subj ...

and an

oath Traditionally an oath (from Anglo-Saxon ', also called plight) is either a statement of fact or a promise taken by a sacrality as a sign of verity. A common legal substitute for those who conscientiously object to making sacred oaths is to g ...

. Since its 1980 enactment, it has gone through multiple amendments.

Pre-independence constitutions

Guyana's complex constitutional history provides a useful means of understanding the conflict between local interests and those of Britain, the long-time colonial power. The colony's first governing document, the Concept Plan of Redress, was promulgated under Dutch rule in 1792 and remained in effect with modifications under British administration until 1928. Although revised considerably over the years, the Concept Plan of Redress provided for a

governor A governor is an administrative leader and head of a polity or political region, ranking under the head of state and in some cases, such as governors-general, as the head of state's official representative. Depending on the type of political ...

appointed by the colonial power and for a

Court of Policy The Court of Policy was a legislative body in Dutch and British Guiana until 1928. For most of its existence it formed the Combined Court together with the six Financial Representatives. History The Court of Policy was established in 1732 by the ...

that evolved into the colony's legislature. Reforms throughout the 19th century gradually broadened the electoral franchise and lessened the power of the planters in the colonial government. As a result of financial difficulties in the 1920s, as well as conflict between the established

sugar Sugar is the generic name for sweet-tasting, soluble carbohydrates, many of which are used in food. Simple sugars, also called monosaccharides, include glucose, fructose, and galactose. Compound sugars, also called disaccharides or do ...

planters and new

rice Rice is the seed of the grass species '' Oryza sativa'' (Asian rice) or less commonly ''Oryza glaberrima'' (African rice). The name wild rice is usually used for species of the genera '' Zizania'' and '' Porteresia'', both wild and domesticat ...

and

bauxite Bauxite is a sedimentary rock with a relatively high aluminium content. It is the world's main source of aluminium and gallium. Bauxite consists mostly of the aluminium minerals gibbsite (Al(OH)3), boehmite (γ-AlO(OH)) and diaspore (α-AlO ...

producers, the

British government ga, Rialtas a Shoilse gd, Riaghaltas a Mhòrachd , image = HM Government logo.svg , image_size = 220px , image2 = Royal Coat of Arms of the United Kingdom (HM Government).svg , image_size2 = 180px , caption = Royal Arms , date_est ...

promulgated a new constitution making

British Guiana British Guiana was a British colony, part of the mainland British West Indies, which resides on the northern coast of South America. Since 1966 it has been known as the independent nation of Guyana. The first European to encounter Guiana was ...

crown colony A Crown colony or royal colony was a colony administered by The Crown within the British Empire. There was usually a Governor, appointed by the British monarch on the advice of the UK Government, with or without the assistance of a local Council ...

. The Court of Policy was replaced by a Legislative Council with thirty members (sixteen appointed and fourteen elected), and executive power was placed in the hands of a governor appointed by officials in

London London is the capital and List of urban areas in the United Kingdom, largest city of England and the United Kingdom, with a population of just under 9 million. It stands on the River Thames in south-east England at the head of a estuary dow ...

. Modifications throughout the 1930s and 1940s made the majority of members of the Legislative Council subject to popular election and further broadened the franchise. The formation of British Guiana's first major

political party A political party is an organization that coordinates candidates to compete in a particular country's elections. It is common for the members of a party to hold similar ideas about politics, and parties may promote specific ideological or p ...

in 1950 and growing pressure for independence again forced the British to overhaul the political framework. A royal commission proposed a new constitution that would provide for a

bicameral legislature Bicameralism is a type of legislature, one divided into two separate assemblies, chambers, or houses, known as a bicameral legislature. Bicameralism is distinguished from unicameralism, in which all members deliberate and vote as a single gr ...

consisting of a lower

House of Assembly House of Assembly is a name given to the legislature or lower house of a bicameral parliament. In some countries this may be at a subnational level. Historically, in British Crown colonies A Crown colony or royal colony was a colony adm ...

and an upper State Council, a governor appointed by the British, and seven ministers appointed by the House of Assembly. This constitution was put into effect in early 1953. The success of self-proclaimed Marxist-Leninist Cheddi Jagan and his leftist People's Progressive Party (PPP) in the April 1953 elections frightened the colonial authorities. After the new legislature passed a controversial labor bill and pressed for independence, the British suspended the constitution in October 1953 and put in place an interim government whose members were chosen entirely by British authorities. New elections were held in 1957 to choose a majority of members in the new Legislative Council; the rest of the members were chosen by the governor. During its four-year tenure, this government set up a

committee A committee or commission is a body of one or more persons subordinate to a deliberative assembly. A committee is not itself considered to be a form of assembly. Usually, the assembly sends matters into a committee as a way to explore them more ...

to make recommendations on yet another constitution. The committee proposed that a new government be formed with full internal

autonomy In developmental psychology and moral, political, and bioethical philosophy, autonomy, from , ''autonomos'', from αὐτο- ''auto-'' "self" and νόμος ''nomos'', "law", hence when combined understood to mean "one who gives oneself one' ...

. Only

defense Defense or defence may refer to: Tactical, martial, and political acts or groups * Defense (military), forces primarily intended for warfare * Civil defense, the organizing of civilians to deal with emergencies or enemy attacks * Defense indus ...

and external affairs would be managed by the British. In 1961 the new constitution went into effect. A bicameral

Legislature A legislature is an assembly with the authority to make laws for a political entity such as a country or city. They are often contrasted with the executive and judicial powers of government. Laws enacted by legislatures are usually known ...

was established with a thirty-five-member Legislative Assembly, consisted entirely of elected officials; and the

upper house An upper house is one of two chambers of a bicameral legislature, the other chamber being the lower house.''Bicameralism'' (1997) by George Tsebelis The house formally designated as the upper house is usually smaller and often has more restric ...

, the thirteen-member

Senate A senate is a deliberative assembly, often the upper house or chamber of a bicameral legislature. The name comes from the ancient Roman Senate (Latin: ''Senatus''), so-called as an assembly of the senior (Latin: ''senex'' meaning "the el ...

, consisted entirely of appointees. The

prime minister A prime minister, premier or chief of cabinet is the head of the cabinet and the leader of the ministers in the executive branch of government, often in a parliamentary or semi-presidential system. Under those systems, a prime minister is ...

, who was chosen by the party with a

majority A majority, also called a simple majority or absolute majority to distinguish it from related terms, is more than half of the total.Dictionary definitions of ''majority'' aMerriam-Webstertitular head of state. The PPP won the elections of August 1961, and Jagan was named prime minister. Labor strife and civil disturbances were widespread in 1962 and 1963. In an effort to quell the unrest, the British colonial secretary declared a

state of emergency A state of emergency is a situation in which a government is empowered to be able to put through policies that it would normally not be permitted to do, for the safety and protection of its citizens. A government can declare such a state du ...

and proposed modifying the constitution to provide for a unicameral fifty-three-member House of Assembly and

proportional representation Proportional representation (PR) refers to a type of electoral system under which subgroups of an electorate are reflected proportionately in the elected body. The concept applies mainly to geographical (e.g. states, regions) and political divis ...

. The proposal was adopted, and elections were set for 1964. The elections brought to power a new

coalition government A coalition government is a form of government in which political parties cooperate to form a government. The usual reason for such an arrangement is that no single party has achieved an absolute majority after an election, an atypical outcome in ...

headed by the PNC. However, the PPP administration refused to step down. Not until a

constitutional amendment A constitutional amendment is a modification of the constitution of a polity, organization or other type of entity. Amendments are often interwoven into the relevant sections of an existing constitution, directly altering the text. Conversely, ...

was enacted empowering the governor to dismiss the House of Assembly was the old government removed from power.

Independence constitution

Independent Guyana's first constitution, a modified version of the 1961 constitution, took effect on the first day of independence, May 26, 1966. It reaffirmed the principle that Guyana was a democratic

state State may refer to: Arts, entertainment, and media Literature * ''State Magazine'', a monthly magazine published by the U.S. Department of State * ''The State'' (newspaper), a daily newspaper in Columbia, South Carolina, United States * ''Our S ...

founded on the

rule of law The rule of law is the political philosophy that all citizens and institutions within a country, state, or community are accountable to the same laws, including lawmakers and leaders. The rule of law is defined in the ''Encyclopedia Britannic ...

. The titular head of the country was the

British monarch The monarchy of the United Kingdom, commonly referred to as the British monarchy, is the constitutional form of government by which a hereditary sovereign reigns as the head of state of the United Kingdom, the Crown Dependencies (the Bailiw ...

, represented in Guyana by the

governor general Governor-general (plural ''governors-general''), or governor general (plural ''governors general''), is the title of an office-holder. In the context of governors-general and former British colonies, governors-general are appointed as viceroy ...

, who served in a largely ceremonial capacity. Real executive power rested in the prime minister, appointed by the majority party in the renamed National Assembly, and his ministers. The first post-independence elections in 1968 confirmed the dominant role of the PNC and its leader, Forbes Burnham. On February 23, 1970, the Burnham government proclaimed the Cooperative Republic of Guyana. This move had both economic and political ramifications. The government argued that the country's many resources had been controlled by foreign

capitalists Capitalism is an economic system based on the private ownership of the means of production and their operation for profit. Central characteristics of capitalism include capital accumulation, competitive markets, price system, private pr ...

and that organizing the population into

cooperative A cooperative (also known as co-operative, co-op, or coop) is "an autonomous association of persons united voluntarily to meet their common economic, social and cultural needs and aspirations through a jointly owned and democratically-contro ...

s would provide the best path to development. The 1970 proclamation severed Guyana's last significant constitutional tie to Britain. The governor general, heretofore the ceremonial

head of state A head of state (or chief of state) is the public persona who officially embodies a state Foakes, pp. 110–11 " he head of statebeing an embodiment of the State itself or representatitve of its international persona." in its unity and ...

, was replaced by a

president President most commonly refers to: *President (corporate title) * President (education), a leader of a college or university * President (government title) President may also refer to: Automobiles * Nissan President, a 1966–2010 Japanese ...

, also a ceremonial figure. Arthur Chung, a Chinese-Guyanese, was the country's first president. Although its ties to the British monarch were broken, Guyana remained within the

Commonwealth of Nations The Commonwealth of Nations, simply referred to as the Commonwealth, is a political association of 56 member states, the vast majority of which are former territories of the British Empire. The chief institutions of the organisation are the C ...

. Membership in the Commonwealth allowed Guyana to reap the benefits of access to markets in Britain and to retain some of the defense arrangements that Britain offered its former colonies. In particular, the British defense umbrella was seen as a deterrent to

Venezuela Venezuela (; ), officially the Bolivarian Republic of Venezuela ( es, link=no, República Bolivariana de Venezuela), is a country on the northern coast of South America, consisting of a continental landmass and many islands and islets in th ...

n claims on Guyanese territory. In 1978 a

constitutional referendum A referendum (plural: referendums or less commonly referenda) is a direct vote by the electorate on a proposal, law, or political issue. This is in contrast to an issue being voted on by a representative. This may result in the adoption of a ...

was held. The proposed change to Article 73 of the constitution would abolish the need for referendums to change the entrenched provisions of the constitution (including presidential powers, the dissolution of Parliament and the electoral system) and instead allow them to be changed by a two-thirds majority in parliament (which the PNC had at the time).Rigged referendum
Guyana Journal, April 2006 It would also result in the postponement of the elections scheduled for later in the year, and instead the parliament elected in 1973 would be declared a Constituent Assembly. Nohlen, D (2005) ''Elections in the Americas: A data handbook, Volume I'', p356 The bill was passed by the National Assembly on 10 April, with the referendum held three months later. The changes were reportedly approved by 97% of voters with a turnout of 70%, although the figures were subject to fraud by the government.Nohlen, p365 The opposition claimed that turnout was only between 10% and 14%.

Constitution of 1980

As Burnham consolidated his control over Guyanese politics throughout the 1970s, he began to push for changes in the constitution that would muffle opposition. He and his colleagues argued that the changes were necessary to govern in the best interest of the people, free of opposition interference. By the late 1970s, the government and the legislature were PNC-dominated, and the party had declared its

hegemony Hegemony (, , ) is the political, economic, and military predominance of one State (polity), state over other states. In Ancient Greece (8th BC – AD 6th ), hegemony denoted the politico-military dominance of the ''hegemon'' city-state over oth ...

over the

civil service The civil service is a collective term for a sector of government composed mainly of career civil servants hired on professional merit rather than appointed or elected, whose institutional tenure typically survives transitions of political leaders ...

, the

military A military, also known collectively as armed forces, is a heavily armed, highly organized force primarily intended for warfare. It is typically authorized and maintained by a sovereign state, with its members identifiable by their distinct ...

, the

judiciary The judiciary (also known as the judicial system, judicature, judicial branch, judiciative branch, and court or judiciary system) is the system of courts that adjudicates legal disputes/disagreements and interprets, defends, and applies the law ...

, the

economic sector One classical breakdown of economic activity distinguishes three sectors: * Primary: involves the retrieval and production of raw-material commodities, such as corn, coal, wood or iron. Miners, farmers and fishermen are all workers in the p ...

, and all other segments of Guyanese society. Burnham called the 1966 constitution inadequate and the product of British

conservatism Conservatism is a cultural, social, and political philosophy that seeks to promote and to preserve traditional institutions, practices, and values. The central tenets of conservatism may vary in relation to the culture and civilizati ...

Nationalization Nationalization (nationalisation in British English) is the process of transforming privately-owned assets into public assets by bringing them under the public ownership of a national government or state. Nationalization usually refers to p ...

private enterprise A privately held company (or simply a private company) is a company whose shares and related rights or obligations are not offered for public subscription or publicly negotiated in the respective listed markets, but rather the company's stock is ...

was to be the first step in revamping a system that Burnham felt had been designed to protect private property at the expense of the masses. Two of the principal architects of the new constitution were the

minister of justice A justice ministry, ministry of justice, or department of justice is a ministry or other government agency in charge of the administration of justice. The ministry or department is often headed by a minister of justice (minister for justice in a ...

and

attorney general In most common law jurisdictions, the attorney general or attorney-general (sometimes abbreviated AG or Atty.-Gen) is the main legal advisor to the government. The plural is attorneys general. In some jurisdictions, attorneys general also have exec ...

, Mohammed Shahabbuddeen, and

Hugh Desmond Hoyte Hugh Desmond Hoyte (9 March 1929 – 22 December 2002) was a Guyanese politician who served as Prime Minister of Guyana from 1984 to 1985 and President of Guyana from 1985 until 1992. Personal Life and Education Hoyte was born on 9 March 192 ...

, the minister of economic planning. Attorney General Shahabbuddeen was given the task of selling the new constitution to the National Assembly and the people. He decried the 1966 constitution as a capitalist document that supported a national economy based on exports and the laws of

supply and demand In microeconomics, supply and demand is an economic model of price determination in a Market (economics), market. It postulates that, Ceteris paribus, holding all else equal, in a perfect competition, competitive market, the unit price for a ...

. He argued that the constitution safeguarded the acquisitions of the rich and privileged and did not significantly advance the role of the people in the political process. The constitution of 1980, promulgated in October of that year, reaffirmed Guyana's status as a cooperative

republic within the Commonwealth A republic () is a "state in which power rests with the people or their representatives; specifically a state without a monarchy" and also a "government, or system of government, of such a state." Previously, especially in the 17th and 18th c ...

. It defines a cooperative republic as having the following attributes: political and economic independence,

state ownership State ownership, also called government ownership and public ownership, is the ownership of an industry, asset, or enterprise by the state or a public body representing a community, as opposed to an individual or private party. Public owners ...

of the

means of production The means of production is a term which describes land, labor and capital that can be used to produce products (such as goods or services); however, the term can also refer to anything that is used to produce products. It can also be used as a ...

, a citizenry organized into groups such as cooperatives and

trade union A trade union (labor union in American English), often simply referred to as a union, is an organization of workers intent on "maintaining or improving the conditions of their employment", ch. I such as attaining better wages and benefits ...

s, and an economy run on the basis of national economic planning. The constitution states that the country is a democratic and

secular state A secular state is an idea pertaining to secularity, whereby a state is or purports to be officially neutral in matters of religion, supporting neither religion nor irreligion. A secular state claims to treat all its citizens equally regard ...

in transition from capitalism to

socialism Socialism is a left-wing economic philosophy and movement encompassing a range of economic systems characterized by the dominance of social ownership of the means of production as opposed to private ownership. As a term, it describes th ...

and that the constitution is the highest law in the country, with precedence over all other laws. The constitution guarantees

freedom of religion Freedom of religion or religious liberty is a principle that supports the freedom of an individual or community, in public or private, to manifest religion or belief in teaching, practice, worship, and observance. It also includes the freedo ...

speech Speech is a human vocal communication using language. Each language uses phonetic combinations of vowel and consonant sounds that form the sound of its words (that is, all English words sound different from all French words, even if they are th ...

, association, and movement, and prohibits

discrimination Discrimination is the act of making unjustified distinctions between people based on the groups, classes, or other categories to which they belong or are perceived to belong. People may be discriminated on the basis of Racial discrimination, r ...

. It also grants every Guyanese citizen the

right to work The right to work is the concept that people have a human right to work, or engage in productive employment, and should not be prevented from doing so. The right to work is enshrined in the Universal Declaration of Human Rights and recognized ...

, to obtain a

free education Free education is education funded through government spending or charitable organizations rather than tuition funding. Many models of free higher education have been proposed. Primary school and other comprehensive or compulsory education is fr ...

and free medical care, and to own

personal property property is property that is movable. In common law systems, personal property may also be called chattels or personalty. In civil law systems, personal property is often called movable property or movables—any property that can be moved fr ...

; it also guarantees

equal pay for women Equal pay for equal work is the concept of labour rights that individuals in the same workplace be given equal pay. It is most commonly used in the context of sexual discrimination, in relation to the gender pay gap. Equal pay relates to the ful ...

. However, freedom of expression and other political rights are limited by national interests and the state's duty to ensure fairness in the dissemination of information to the public. Power is distributed among three "Supreme Organs of Democratic Power": the executive president, the cabinet, and the National Assembly. Of these three divisions of government, the executive president in practice has almost unlimited powers. The original Constitution provided for two additional Supreme Organs of Democratic Power: The National Congress of Local Democratic Organs and the Supreme Congress of the People (a special deliberative body consisting of the National Assembly in joint session with the National Congress of Local Democratic Organs). The important constitutional changes brought about by the 1980 document were mostly political: the concentration of power in the position of executive president and the creation of local party organizations to ensure Burnham's control over the PNC and, in turn, the party's control over the people. The constitution's economic goals were more posture than substance. The call for nationalization of major industries with just compensation was a moot point, given that 80 percent of the economy was already in the government's hands by 1976. The remaining 20 percent was owned by Guyanese entrepreneurs.

Amendments to the 1980 constitution

References

{{DEFAULTSORT:Constitution Of Guyana Government of Guyana

Guyana Guyana ( or ), officially the Cooperative Republic of Guyana, is a country on the northern mainland of South America. Guyana is an indigenous word which means "Land of Many Waters". The capital city is Georgetown. Guyana is bordered by the ...

Law of Guyana