Removal of Privy Council needs no referendum

[Lazie]

Dear Editor,
It is ironic that Senator Arthur Williams, Leader of Opposition Business in the Senate, has said that the JLP will not agree to replace the Privy Council with the Caribbean Court of Justice without the agreement of the public through a referendum. It’s of note that the constitutional laws of Jamaica have no mandatory provision for a referendum and the Opposition is in agreement with the change, but there is no cry by the people for a referendum. Most either do not know of the Privy Council or have any access to it.

One of the principal features of our Constitution is representative democracy, and removal of the Privy Council has been cast on this principle, so that the people's representative may remove the Privy Council without a referendum. Chapter VII of the Constitution makes provision for creation of courts by Parliament, and the Common Law of Jamaica even provides for entrenchment by Parliament of judges of the Caribbean Court of Justice without a referendum.
Owen S Crosbie

Mandeville, Manchester

oss@cwjamaica.com


Read more: http://www.jamaicaobserver.com/lette...#ixzz1yzrKhmpD

[Lazie]

Let the people decide on final court of appeal

Dear Editor,
Your Jamaica Observer edition of Saturday, June 23 carried a piece entitled, “Gov’t says no to referendum on CCJ”, regarding the idea of Jamaicans deciding directly on whether the Caribbean Court of Justice (CCJ) should be Jamaica's final court of appeal in place of the British Privy Council. It quoted Minister of Foreign Affairs and Foreign Trade Senator AJ Nicholson, as follows:

“Why would Opposition legislators not be willing to perform their duty, instead of wishing to leave the performance of that duty to the citizens who put them in the Parliament to carry out their obligations?” Senator Nicholson said in a statement.
Mr Nicholson was further referred to as having stated that for almost 80 years, none of the 39 former colonies of Britain had a referendum to leave the Judicial Committee of the Privy Council and to have their own final Court of Appeal. He was quoted as saying that a referendum, in essence, was a general election “with a political campaign being the axis on which it spins”.
The first problem with such an argument is the assumption that because everyone around you is doing something, or in this case not doing a particular act, that that makes it correct. There was a time when the entire world, for example, believed that the earth was flat and not round. The fact that everyone was thinking along that line did not make it right, did not make it a fact, or the correct thought process. Maintaining former actions or traditions, in effecting a process to an end, does not always mean that those paths are necessarily the best, most efficient, even justified routes to realising an end. In addition, in light of the unfortunate reality that Jamaica is overrun, even inundated with corruption, Mr Nicholson cannot dismiss the reserved concerns of the many, or the argument that the people – the masses – should have a direct say by means of a referendum, to decide on whether or not they have any faith in a Final Court of Appeal located in a hemisphere which is known to be flooded with corruption.
Mr Nicholson, put it to the citizens to decide. They are the ones, especially the poorest of the poor, who will be the most likely to be affected by this change.
Joshua Spencer
Toronto, Canada
joshuaspencer123@bell.net


Read more: http://www.jamaicaobserver.com/lette...#ixzz1yzrY4lG7

[Skeng DX]

who put the MPs in the house?

and why?

whats their job?

[Lazie]

who put the MPs in the house?

and why?

whats their job?

In the real world, people elect their leaders, but there are important issues that are put to the people to have their input. I see that in Jamaica anything those unuh vote for say is taken as gospel.

[Skeng DX]

in law who the MPs represent?

[Lazie]

in law who the MPs represent?

dem party!

[Skeng DX]

u r really a "tribalist".................

[Lazie]

u r really a "tribalist".................

Coming from you? Reminds me of Adams calling others cowards. I vote for my mayor ... its not everything I agree with. Issues such as increasing the school budget is put to the people.

But because you people cannot think for unuhselves ... anything the higher order say unuh fall in line ... and you a call me tribalist? Ni@@a please!

[Skeng DX]

adams= no coward.................truss me

[Plush]

This utter crap...There needs to be no mor waste of money on a referendum...Have we no shame? This mental slavery crap has to end..we need people far away that once enslaved us and know little about our culture to determine our final judgement.
Parliament comes up with new laws over and over and our representative leaders vote on these..How different is this? a bag of waste of money if you ask me...

[Lazie]

adams= no coward.................truss me

My standards are higher .... killing unarmed people is cowardice to me.

[Lazie]

This utter crap...There needs to be no mor waste of money on a referendum...Have we no shame? This mental slavery crap has to end..we need people far away that once enslaved us and know little about our culture to determine our final judgement.
Parliament comes up with new laws over and over and our representative leaders vote on these..How different is this? a bag of waste of money if you ask me...

Thats your view ... what about those who says otherwise? Its okay to throw money at trivial stuff ... but something as important as this is a waste of money? A whey unuh come from?

[Plush]

Throwin money at voting for continued mental slavery is a waste of money. We already spent money in helping to setup a CCJ court who se judges are like us. Haven't you read that Britons want us to establish our own so their tax dollars is not used to try our cases...I guess you and the lot have no shame..Forever be ruled by the ones who lashed your forefathers with whips.
My opinion offcourse.

[Lazie]

Throwin money at voting for continued mental slavery is a waste of money. We already spent money in helping to setup a CCJ court who se judges are like us. Haven't you read that Britons want us to establish our own so their tax dollars is not used to try our cases...I guess you and the lot have no shame..Forever be ruled by the ones who lashed your forefathers with whips.
My opinion offcourse.

Awww one of those trigger terms "mental slavery" Sorry Plush ... that does nothing for me ... use it on those who allow it to keep them back.

Instead of falling in line like others why not review what other countries encountered trying to establish the CCJ as the final court. Why not take lessons from that and try not to make the same mistakes?

I recall a man being convicted for murder during a robbery and was sentences to death. All his appeals were rejected. When the case reached the Privy Council, established by "the ones who lashed your forefathers with whips" (comical) a simply question was asked. Since there are cameras, where are the surveillance tapes? The tapes were locked away in a safe at the police station. Upon review ... it was discovered the man ... that was to be punished by death was not involved. Now should this man and others who have benefited from the rulings of the Privy Council have a say?

Then again, mi can understand why unuh nuh want the people fi vote on the issue ... when we see what they elected as PM .... unuh cyaan afford for them to vote against saving PJ's legacy.

[Plush]

Everything is Politics to you right? You are so blinded by this JLP PNP follishness that you can see reason when it stares you in they eye.. The are gument your brought up is totally ireelevant but you can't see that because of your Politics blindfold..
Nobody is asking to get rid of a final court...Its to replace it...Are you saying that CCJ can't come to the same conclusion or ask the same questions like the one you referred to re. example above....Independent judges taken from other Caribbean islands can't adjuge like the ones in UK? How about we move the final Court to the US or switzerland, or China...What makes the privy council so different? And are you saying that the Privy council or any final Court for that matter has never wronfully uphold a murder or any other conviction? These are not Gods that sit on that Council, you know right...I repeat, mental slavery at best