WHY IS THE JUDICIAL REVIEW ACT IMPORTANT?


I will stay away from the continuing controversies between the current and past Attorneys-General. To coin a phrase, when elephants rumble, it’s the insects in the grass who get trampled. I will likewise stay away from the merits or otherwise of the Chief Justice’s decision ordering the Minster of Legal Affairs to bring the Act into force. It is likely to be appealed and the Court of Appeal will decide. But why is the Judicial Review Act important to the public?

There is an area of law called ‘public law.’ While much law notionally exists for the protection of the public, ‘public law’ more directly protects the rights of the citizen in his or her relations with the state and public bodies or authorities by holding them to account. The instruments used by the courts in public law are of ancient origin, initially directed against the King, and are called writs of certiorari – to quash a decision, mandamus – to order something to be done, prohibition – to prohibit an act and the lesser known, quo warranto – challenging the right to hold an office. The writ of habeas corpus – ordering the production of a body, is linked to these. They are called ‘prerogative’ remedies issued by courts on the application of citizens for ‘judicial review’ to enforce their rights against the state or public authorities. Currently, these are the only remedies available in public law.

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THE CCJ UNDER ATTACK – ‘POLITICIANS IN ROBES’


The total electoral devastation of the Democratic Labour Party(DLP) and the political exit door shown to former Prime Minister, Freundel Stuart, by the Barbados electorate at the elections last Thursday, is an apt and decisive answer to the vicious attack Stuart made on the Caribbean Court of Justice earlier in the week, when referring to the judges derogatorily as ‘politicians in robes.’ It is not unusual for politicians to be peeved by court decisions. Guyanese politicians have expressed ‘concern’ about issues relating to the CCJ on several occasions in the past, including the recent past.

In the UK, the developed country from which we inherited our laws and jurisprudence, and whose precedents are the most influential in the CCJ, judges and courts are regularly criticized, as they should be. But Stuart did not merely criticize; he unjustifiably attacked the CCJ for political bias and undertook to withdraw from the Court. Had he won the elections, Barbados’s withdrawal would have dealt a crushing blow to Caribbean unity and, worse, would have weakenedCaribbean jurisprudence and the rule of law in the region.

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‘SILENTIUM’


When I read the headlines in SN yesterday morning, ‘AFC says constitutional reform still a priority,’ I could not feel a sense of elation. Instead, I sunk into a dejected mood of déjà vu. The headline itself subtly editorialized that it was not impressed with the promise. It added to the main banner ‘though no progress over three years.’ I believe that the AFC earnestly wishes to have constitutional reform but is faced with implacable resistance in the form of inactivity by APNU.

But more importantly, constitutional reform for the AFC, as well as for APNU, whenever it desultorily renews its fading undertaking, no longer seems to mean what it promised in the coalition’s manifesto. By omitting to refer to the manifesto promises, it appears that constitutional reform is being treated as a box to tick before the next elections comes along. It can then boast of fulfilling its election promise.

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KARL MARX AT 200


Neither Marx nor his contemporaries would ever have believed that his name would survive for 200 years. For his entire life, he had been known only in limited revolutionary and activist circles. His journalism and published works reached only a small audience. By the 1860s his works had not been in print for twenty years. He had hoped that Capital, published in 1867, would sell enough to liberate him from his lifelong, grinding, poverty. But only 1,000 copies were sold in five years in Germany. His funeral in 1883 was attended by 11 persons.

But he left a vast treasure of learning. Only in their twenties, both Marx and Engels wrote works which made little mass impact at the time, but which have become vastly important in the history of ideas. The most famous of them, now the most recognised political tract of all time, the Communist Manifesto, written in 1848, is still revelatory of capitalism’s contradictions and its trajectory (Yanus Varouflakis “Marx predicted the present crisis and points the way out” April 20 2018). Marx’s ‘Economic and Philosophic Manuscripts’ and Engels, ‘The Condition of the Working Class in England,’ both published in 1844, were to become important classics in the nineteenth century discourse on political economy. Other major publications by Marx include The German Ideology (1845), The Poverty of Philosophy (1847), The Eighteenth Braumaire of Louis Bonaparte (1850), Contribution to Critique of Political Economy (1859), Capital Vol 1 (1867) and dozens more.

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TIT FOR TAT


Tit for tat politics have arrived with a vengeance. The APNU+AFC police has charged PPP supporters and the PPP has struck back by charging APNU supporters. The charges against former members of the past PPP/C administration will be seen as a political vendetta and will kill any possibility of movement towards a political solution.

Reports broke on April 12 that former Minister of Finance and Chairman of NICIL, Ashni Singh, and former NICIL Head, Winston Brassington, were jointly charged in absentia by the Special Organised Crime Unit (SOCU) with three counts of misconduct in public office between December 2008 and May 2011 contrary to the common law. They were charged for: firstly, having sold 4.7000 acres of Government owned land at Liliendaal to Scady Business Corporation for $150M when they knew that it was valued at $340M by Rodrigues Architects; secondly, having acted recklessly in selling to National Hardware Guyana Limited in December 2008 Government owned land at Turkeyen for $598,659,398M without procuring a valuation; and, thirdly, having sold 10.002 acres of land at Turkeyen to Multicinemas Guyana in May, 2011, for $185M without procuring a valuation.

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