U.D.P. Constitution Does Not Trump the Law of the Land

The appointment of Shyne Barrow as Leader of the Opposition was met with criticism in some corners of the United Democratic Party, particularly among those who argued that the U.D.P. constitution should have been invoked during the selection process. That was the position taken by Albert Area Representative Tracy Panton, a sentiment echoed by Patrick Faber upon his resignation from the leadership of the party. The question has always been whether the constitution of the U.D.P. supersedes the Constitution of Belize. Not only is Dean Barrow a former three-time prime minister and party leader, he is also a seasoned attorney. This morning, he weighed in on what seemed to have been a legal debate.

Dean Barrow

Isani Cayetano

“There was an argument or a position put forward that the constitution of the United Democratic Party perhaps ought to have been what was followed in terms of selecting or appointing the Leader of the Opposition. I believe this was brought forward by the Albert Area Representative and was supported in principle by the former party leader. Can you share with us your position on that?”

Dean Barrow, Former Prime Minister

“With the greatest respect, I think that is completely wrong for two reasons. The U.D.P.’s, the party’s constitution comes into play in particular circumstances. There are triggers that lead to this end result of the parties being able to say that so and so, the longest serving member in the house should become the Leader of the Opposition. Suffice it to say that none of those triggers applied in the particular circumstances of this matter. That’s the first point. In any event though, the party constitution of the United Democratic Party cannot prevail against the constitution of the country. The constitution of the country is quite clear as to how the Leader of the Opposition is appointed. For starters, the U.D.P. constitution talks about the central executive, one of the party organs, advising the Governor General, telling the Governor General that so and so is to be Leader of the Opposition. That absolutely cannot stand. That is bizarre because the constitution of the country says that it is the Governor General who determines who among the opposition members of the house commands the majority support of those opposition members and she then confers upon that person the constitutional position of Leader of the Opposition. No party constitution can trump the constitution of the country.”