THE CCJ UNDER ATTACK – ‘POLITICIANS IN ROBES’

Written by Ralph Ramkarran
Saturday, 26th May 2018, 9:00 pm

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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MEGHAN MARKLE JOINS THE BRITISH ROYAL FAMILY

Written by Ralph Ramkarran
Saturday, 19th May 2018, 9:00 pm

I am not a monarchist, a trait I share with many British people, including Jeremy Corbin, the leader of the Opposition Labour Party, although his views on this matter are now muted. I believe that heads of state should be elected. I hasten to add that if elections were held in Britain for head of state, Queen Elizabeth would win hands down. Not being British, my views are of little consequence. But Guyana has had a sympathetic view of the British Monarchy because we were a colony of Britain for 150 years during which we were indoctrinated into loyalty and support for the Monarchy. Since Independence we have been in the Commonwealth of which Queen Elizabeth has been the head, which is soon to be Prince Charles. In recent years Queen Elizabeth and members of the Royal Family, including Prince Charles, Prince Andrew on a private visit and Prince Harry, have visited Guyana. Therefore, Guyana’s connection with, and even respect for, the British Royal Family is long and enduring and remains current.

The entry of Princess Diana into the Royal Family by her marriage to Prince Charles in 1981 added a dash of glitter and glamour to an otherwise conservative, staid, reserved, unsmiling, unadventurous, stiff upper lip, emotionless operation, referred to by its members as the “firm.” Her charitable work and the causes she undertook, both before and after her acrimonious divorce from Prince Charles in1996, catapulted her into international stardom. Princess Diana embraced the underprivileged and disadvantaged, ended the myth that AIDS was transmissible by contact by shaking hands with AIDs victims and highlighted the dangers of land mines. Her iconic life and good deeds after her divorce attracted worldwide support and attention and it has been suggested that her presence in the Royal Family and separation therefrom started the process of bringing it into the modern world.

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‘SILENTIUM’

Written by Ralph Ramkarran
Saturday, 12th May 2018, 9:00 pm

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

Written by Ralph Ramkarran
Saturday, 5th May 2018, 9:00 pm

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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MISCONDUCT IN PUBLIC OFFICE

Written by Ralph Ramkarran
Saturday, 28th April 2018, 9:00 pm

The offence of misconduct in public office carries a maximum penalty of life imprisonment. It is what is known as a ‘common law’ offence and is triable on indictment. This means that it is is derived from judge-made law of England which Guyana has legally inherited. And it is triable by jury. The maximum penalty suggests that it is regarded as a very serious offence.

While the offence can be traced back to the 13th century, a definition, given by Chief Justice Lord Mansfield in the 1783 case of R v Rembridge emphasized its importance: “…. first that a man accepting an office of trust concerning the public, especially if attended with profit, is answerable criminally to the King for misbehavior in his office; …. Secondly, where there is a breach of trust, fraud or imposition in a matter concerning the public, though as between individuals it would be actionable, yet as between the King and the subject it is indictable. That such should be the rule is essential to the existence of the country.”

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