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Showing posts with the label divided allegiance of the legislature

Missed Opportunity - Commonwealth Citizenship

The Court of Appeal did not address the interpretation of the phrase " foreign Power or State " in S.40(2)(a) of the Constitution of Jamaica. This was a missed opportunity since the interpretation to be accorded to the said phrase is central to any discussion of "dual citizenship" in the Jamaican polity. This omission may be justified by the fact that the issue was not raisd before the Court in the Dabdoub/Vaz appeals as it was fully recognized that the USA was a " foreign Power or State ." The issue not being properly before the Court, the matter should have been avoided. Indeed it is only Smith J.A. who did not venture an opinion on divided loyalty as regards membership in the House of Representatives. Panton P. : 35. " The framers of the constitution clearly intended that Jamaicans who by their own act sought and received non-Commonwealth citizenship, or having not so sought it, nevertheless voluntarily acknowledged allegiance to such countries, sh...

"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 ...