In a wide-ranging, courageous and innovative decision, the Indian Supreme Court ruled a few weeks ago that transgenders, a broad category of persons with varying gender situations, identities and issues, are entitled to the protection of the Indian Constitution. It held in the case of National Legal Services v Union of India and Others that […]
Category Archives: Legal
THE JURY SYSTEM NEEDS TO BE ABOLISHED NOT REFORMED
I have written twice over the past year urging that the jury system should be abolished. On the first occasion several lawyers, including the Attorney General, disagreed with the views I expressed. On the second occasion I repeated my views in an article publicizing the remarks of Chief Justice Ivor Archie of Trinidad and Tobago […]
THE CARIBBEAN COURT OF JUSTICE IN GUYANA
The Caribbean Court of Justice (CCJ) will sit in Guyana for the first time this week. It is long overdue but welcome nevertheless. Guyana and Barbados were the first countries to accede to the appellate jurisdiction of the Court and our own Justice Desiree Bernard, now retiring, has been one of its first members. Guyana’s […]
RESOLVING THE BUDGET CONUNDRUM
The Chief Justice’s decision in the budget case will not necessarily lead to what Opposition Leader, David Granger, said might be a ‘car crash’ or ‘unintended consequences.’ If the Government and Opposition extrapolate from the Chief Justice’s conclusions, a budget can be produced. Stripping away the complexities from the Chief Justice’s analysis, a procedure can […]
WHAT THE CHIEF JUSTICE RULED
The section on Financial Procedures in the Standing Orders of the National Assembly is the same today as it was in 1969. In that year the Standing Orders were amended, no doubt to bring them in line with the provisions of the Independence Constitution of 1966. The Standing Orders had been approved by the same […]