Sunday, December 14, 2008

Responding to By-Election Appeal

The response to Dabdoub's appeal against the Chief Justice's order for a by-election is centred around three main submissions.
  • The concept of "votes thrown away" in relation to Parliamentary Elections being a doctrine reated under the English system of law is incompatible with the nature and structure of the Constitution of Jamaica. Furthermore, the concept of votes thrown away is unconstitutional.
  • The express language of S.40(2)(a) of the Constitution of Jamaica requires a finding that the individual has conducted himself in doing some action which acknowledges allegiance, obedience or adherence to a Foreign Power or State.
  • The facts in the Notice of Disqualification were unclear, indefinite and uncertain.
The detailed submissions are set out below:

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