Built on respect
for the law and an orderly exercise of the law. Rule of law and political stability go hand in hand. Because of that fact, and because of the important part that respect for the law plays in attracting Bermuda's clients, it is necessary for Bermuda to be careful of its laws and to guard their integrity.
If we pick and choose which laws to enforce and which to ignore, then we bring the whole body of the law into disrepute.
This newspaper learned over the weekend that some of Bermuda's leading international companies have been meeting to discuss their concerns over an apparent lack of respect for Bermuda's Constitution. International companies are already nervous over the coming referendum and the debate on Independence and uncertainty over whether or not Bermuda respects its Constitution has now been added to their list of worries. In fact, they view disregard for the Constitution as much more serious in the long term than the referendum debate.
They see carelessness about the requirements of the constitution as the ultimate breakdown of the law.
We would also think that disregard for the Constitution would make a great many people very nervous about Bermuda's prospects for good government if we were to go Independent. Without an even-handed rule of law a country has very little in the way of democracy.
The suggestion is that Dr. Ewart Brown's election in Warwick West was in violation of the Constitution because he had sworn allegiance to another country when he became a citizen of the United States. Various people have interpreted this section of the constitution in different ways and the Progressive Labour Party has insisted that Dr. Brown's election did not violate the Constitution. There are a number of legal elements which apply to the section of the Constitution in question and the matter is somewhat complex.
We do not know if Dr. Brown's election did or did not violate the Constitution. However, it is a serious constitutional issue for Bermuda which needs to be settled and put to rest one way or the other. Right now everyone except the Premier, who has spoken strongly on the issue, appears to be ducking.
It seems to us that one of the main objects of having a Constitution is to keep politicians honest. That being the case, we cannot rely on politicians to rush to the support of the Constitution. Any democracy relies on the independence and the integrity and the responsibility of its civil servants for the impartial daily running of the Country and to prevent politicians from running wild.
Therefore it must be the responsibility of the law officers of the Crown to guard the Constitution and to see that it is complied with. Where are they now?