A recent ruling in US Federal Court on March 6 should be studied by our judges and politicians on the independence of judges and on curtailing the powers of a President (the Executive branch or government). Our judges should follow the example of U.S. District Judge Beryl Howell and deliver independent rational judgments without fear of the executive branch and irrespective of how a higher (final appeal) court would rule. Consideration should also be given to amend or replace the Guyana constitution to limit Presidential powers similarly enshrined in the American constitution with real balance of power among the executive, legislative, and judicial branches of government and to devolve power away from the central government and towards communities.
President Trump had fired the head of the Labor relations Board saying she did not operate in a manner consistent with the objectives of his administration. The US Federal District Court (Washington DC) Judge Howell ruled that the President does not have absolute power to fire appointees of independent boards (agencies). She ruled: “Under our constitutional system, (Congressional) checks, by design, guard against executive overreach and the risk such overreach would pose of autocracy”. … Presidential power to remove … honest civil servants is not absolute, but may be constrained in appropriate circumstances”.
The president can remove a civil servant “upon notice and hearing, for neglect of duty or malfeasance in office,” and not because he or she “has not been operating in a manner consistent with the objectives of the President’s administration”, the judge penned.
Judge Beryl cited a 1935 Supreme Court in which the judges ruled that the President lacked the power to fire civil servants without due process and in line with the law.
The President had insisted that “he has authority to fire whomever he wants within the Executive branch, overriding any congressionally mandated law in his way”. The Judge ruled that under Article 3 of the constitution, judges are arbiters of the law, stating that the President has no such power under Art 2, thereby limiting his power.
The President could appeal to the Supreme Court which could overturn the ruling. The solicitor general plans to appeal. Nevertheless, the power of court to interpret laws is supreme and judges in Guyana (with lifelong tenure) should learn from the American judicial system and not be afraid to make bold, innovative judgments empowering the public against any government that exercises overreach.
