It is all about substance. Constitutional Attorney Dr. Lloyd Barnett says the Opposition’s case about the constitutionality of back to back SOEs would have substance, if it fits certain criteria. This as Leader of the Opposition Mark Golding contemplates pursuing a legal challenge to the imposition of the SOEs.
Dr. Barnett says the constitutional schemes involve a proclamation over a short period of 14 days and an extension by a parliamentary vote for further periods. Adding, repeated 14-day periods defeat the constitutional scheme, and this can not be overcome by merely having a one or two-day break.
He says if the same emergency conditions which formed the basis for the initial imposition maintain then the constitutional scheme should be adhered to. However, he warns Golding’s plan to challenge the government should be carefully considered. Therefore it all depends on the court’s assessment of the frequency of the extension, the periods between, and whether the circumstances have changed. The lawyer believes Golding’s chances of succeeding increase substantially if there was a breach.
If the Opposition finds a situation where a person suffered consequences as a result of the questionable imposition, then Dr. Barnett says this will also strengthen their case. He maintains possible penalties lie ahead if such an instance is found, since that person would have a right to damages for the illegal detention.
Watch the full report here:
https://www.cvmtv.com/wp-content/uploads/1672/49/COURT-SOE-RXNS-NAL-OTH-DEC30-S1.mp4
Reporter: Nasika Alliman
