Guyana is a democracy. Institutionalized and observed in our law and practice are democracy’s basic elements, namely, free and fair elections, a free press, a legislature which makes laws and monitors the executive and an independent judiciary which rules against the Government from time to time. Hardly anyone will argue that Guyana has a perfect democracy. But the combination of these factors ensures that the rights of citizens are protected or vindicated.
In the most perfect of democracies the State sometimes violates the rights of citizens through its agents, either intentionally or unintentionally or negligently. Where this happens the Courts, which are the guardians of the Constitution, can be asked to intervene. In two recent cases on the constitutional right to freedom of expression challenging the Government’s delay in considering applications for radio licences, the Chief Justice and the Court of Appeal separately ruled against the State and granted constitutional relief.
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