Questionable Conduct: The Jamaican Political Reality

The Court of Appeal has handed down its written reasons for upholding the ruling of the Chief Justice.In order to fully appreciate the reasoning, it is prudent to place such in the context of the deliberations before the Supreme Court. The Chief Justice goes into detail the arguments that were pertinent to her decisions. As is the pattern, such is posted without any comment. For what it is worth, my comments have been posted in earlier blogs: notably Beyond McCalla and Lessons for Parliamentarians . Dabdoub v Vaz[1] Publish at Scribd or explore others: Wills and Trusts Business & Legal dual citizenship jamaican constitutio

In the interest of widespread dissemination of a much-awaited judgment, we have facilitated easy access to the document. We do so without comment; so that you will not be influenced in arriving at your own conclusions. Our analysis will be conveyed in another post. In the meanwhile, read the judgement in the context of the submissions made before the court. These have been posted earlier; so just scroll down and use the inset. Publish at Scribd or explore others: Business & Legal notice of disqualifi allegiance to a fore

Abe Dabdoub and his esteemed legal team have brought to the fore a wide array of case authorities to support their position. Below is a case which was not cited in the original submissions before the Court of Appeal but was unearthed subsequently. It is interesting since it emanates from a Commonwealth jurisdiction. Per Shah J. " We are again unable to see any logic in the assumption that votes cast in favour of a person who is regarded by the Returning Officer as validly nominated, but who is in truth disqualified, could still be treated as valid votes. " Konappa Rudrappa Nadgouda v _indian Case Publish at Scribd or explore others: Other Business & Legal election petition constitutional law

As noted previously Daboudb's submissions are interrelated and intertwined. In responding to Vaz' appeal of the Chief Justice's ruling, Dabdoub submits inter alia: The Respondent Dabdoub being the only candidate qualified to be elected and the only candidate who was duly nominated , is as a matter of law and by operation of the Representation of the People Act and the Constitution of Jamaica to be returned as the duly elected Member to the House of Representatives. Dabdoub, having served Notice of and the facts giving rise to Vaz' disqualification be so notorious and known to the electors that the Respondent should as a matter of law be returned to the House of Representatives. Having regard to the Chief Justice's own interpretation of S.40(2)(a) of the Jamaican Constitution, it is submitted that the Notice of Disqualification met the legal requirements of stating the facts which gave rise to the Appellants Disqualification. It is submitted that the words used in...

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: Publish at Scribd or explore others: