Skip to main content

Voiding the Budget

(Unedited Version)

The Budget Debate is a critical exercise in outlining the measures by which the Government intends to raise revenue to fund its programmes and the business of the bureaucracy. The bill is ultimately passed by the legislators thereby giving effect to the adage: “No taxation without representation.”

The principle is the rationale why many bills must originate in the Lower House (Parliament) where the people’s representatives have the sole authority to bring matters of taxation.

The Chief Justice of Jamaica has interpreted the Section of the Constitution of Jamaica dealing with those qualified to be elected or appointed to the House of Representatives. The ruling has the effect of deeming those Members of Parliament and Senators holding US passports ineligible to sit in the Parliament of Senate.

This has profound implications for the passage of the Budget as there are numerous Members on both sides of the aisle who are in this offending position.

Profound Questions
  • Can such offending Members morally or legally participate in this exercise, knowing fully well of their dual citizenship status?
  • Will a budget passed with the participation of persons not “fit and proper” to be sitting in the House of Representatives be constitutional?
  • Can those who continue to blatantly violate the Constitution by their very presence avoid legal contamination of any legislation emanating from such a tainted Parliament and Senate?
Cleanse First

Awaiting the Court’s ruling on individuals who as adults applied for and obtained US passports (and they themselves are relying on legal technicalities) cannot be considered appropriate in the Westminster/Whitehall model of government. The offending Members know themselves. The Prime Minister and the Leader of Opposition have a duty to know. The contamination cannot be tackled in a piece-meal fashion by holding a number of by-elections at court-determined intervals. Parliament and the Senate must be constituted in accordance with the provisions of the Constitution before any attempt to pass legislation. To do otherwise runs the risk of emanations being declared unconstitutional and void ab initio.

Comments

Anonymous said…
What is needed is a General Election. Is the country prepared for such an exercise?
Anonymous said…
Dr. Ashley, I draw your attention to s. 39 and 41 (1) (d) of the Constitution regarding your quible over the matter of Commonwealth Citizens being eligible to be Jamaican Parliamentarians. Maybe you should have the AG bring an action to recover the $20 a day Daryl owes the due to his "breach".

Popular posts from this blog

"Declaration" Not "Determination"

Both the Prime Minister and the Speaker of the House of Representatives have conveniently confused calls for declaration of citizenship status by Members of either House with the determination of questions as to membership of either House. The Chief Justice of Jamaica has determined that individuals who have renewed their US passports and travelled thereon are disqualified from being validly elected or appointed as a Member of either House. Proponents of the impotence of the Speaker, in the matter of requiring a declaration by individual members, have sought to rely on Section 44 (1) of the Constitution which states: Any question whether - a. any person has been validly elected or appointed as a member of either House; or b. any member of either House has vacated his seat therein or is required, under the provisions of subsection (3) or subsection (4) of section 41 of this Constitution, to cease to exercise any of his functions as a member, shall be determined by the Supreme Court ...

Communication Error!

Jamaica Gleaner Contributor, Martin Henry has written an interesting article entitled “Victory for the rule of law” published on Sunday, April 20, 2008 . In his last paragraph Henry stated: " A troubled citizen's concerns about the legitimacy of laws passed in the past with the participation of MPs who may have been in Daryl Vaz's dual-allegiance position was published as The Letter of the Day by The Gleaner last Wednesday [April 16]. Lawyer Dr Paul Ashley made a great deal out of the same issue when we both appeared on the TV programme Impact on that same day. The Constitution dissolves these fears in the wisely anticipatory provision of Section 51 (2): "The presence or participation of any person not entitled to be present or to participate in the proceedings of the House shall not invalidate those proceedings." Interpreting legal provisions is an exercise fraught with dangers, especially if one is not acquainted with the rules governing interpretation. Without...

DEA: Book Review #1

Three book reviews of   "Dudus: The Extradition of Jamaica's #1 Drug Don" have been published; two in The Jamaica Observer and one in the Jamaica Gleaner. The first was by Rev Dr. Devon Dick entitled 'Devon Dick | Dudus Revisited By Dr Paul Ashley ' published in the Jamaica Gleaner Thursday, September 13, 2018: "Recently, Dr Paul Ashley, attorney-at-law and political commentator, published Dudus: The Extradition of Jamaica's #1 Drug Don, which recounts the "machinations of the Government of Jamaica (GOJ) to delay and frustrate the extradition of Jamaica's premier drug lord, Christopher 'Dudus' Coke." To achieve that goal, Ashley went to primary sources and published transcripts from both the Manatt, Phelps and Phillips and West Kingston commissions of enquiry. There are such documents scattered over the seven chapters. Ashley provides an overview of this watershed 2010 event then examines the confidentiality breach, the delay...