[46] The principle of participation is an important guiding principle in the Constitution of Guyana. The Fourth Recital to the Preamble to the Constitution recognises the desire and intention of the people of Guyana to forge a system of governance which promotes “broad-based participation in national decisionmaking” in order to develop “a harmonious community based on democratic values, social justice, fundamental human rights, and the rule of law”. In addition, Article 13 sets out the principal objective of the political system of Guyana – ‘to establish an inclusionary democracy by providing increasing opportunities for the participation of citizens’. [47] The historical evolution of Article 161(2) demonstrates that it was amended to fashion a consensual process that allowed both the Government and the Opposition parties to participate in the selection of the Chairman of the Elections Commission. As mentioned earlier, in keeping with the provisions of Article 161(2) the Leader of the Opposition is obliged to have “meaningful consultation with the non-government political parties represented in the National Assembly”. The inclusive approach captured by Article 161(2) therefore envisions the appointment by the President of a Chairman who commands the trust and confidence of the winners and the losers of an election. There is a clear paradigm shift from absolute and unilateral power vested in the President to a consensual process enshrined in the Constitution and recommended by both the Carter-Price Report and the Constitutional Reform Commission. Rishi Persaud JA in the Guyana Court of Appeal articulated it thus: “There was a clear shift from unilateralism to one of consensualism”.24 This is the spirit and intendment of Article 161(2) and it is the yardstick against which the course of conduct leading up to Justice Patterson’s appointment to the chairmanship of the Elections Commission should be measured. Duty to give reasons [48] It was submitted on behalf of the Attorney General that the President was under no duty to give reasons for rejecting the lists submitted to him by the Leader of the Opposition. On the other hand, it was submitted for the appellant, that 24 Page 16 of the Court of Appeal Transcript, Ref No. 100 of 2018.

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