Null and void means Null and void - AG

[Time]

Null and void resignations means null and void appointments


"Senator Williams and Senator Tufton did not resign and therefore there was no vacancy and any (new) appointment would be null and void," Atkinson told a press conference at Jamaica House Thursday.

http://www.jamaicaobserver.com/news/...-void--says-AG

[Rudi]

Does that mean that any legislation where they cast the deciding vote(s) would also be null and void? I am thinking of a recent vote where Nigel Clark cast the vote that allowed the legislation to to pass. What would be that status of that? Anybody?

[Time]

Does that mean that any legislation where they cast the deciding vote(s) would also be null and void? I am thinking of a recent vote where Nigel Clark cast the vote that allowed the legislation to to pass. What would be that status of that? Anybody?

Maybe, out of an abundance of caution, both houses should pass a bill to make all such legislation ''legal.'

Meanwhile, Atkinson said he would not recommend that Clarke or Reid be asked to pay back the stipend they received while they were in the Senate.

http://jamaica-gleaner.com/latest/article.php?id=58310

[Gamma]

something seems wrong that a card carrying political animal like patrick atkinson is now giving advice to the opposition jlp based on a court decision.

this feels wrongish.

[Gamma]

my approach ... common sense.

the decsion was silent as to what should happen with the GG's appointees so I would say:

1. the injunction to delay the appointment of reid and knight was refused by the court (the court shouldn't act against itself at first instance) so in refusing the injunction it cleared the way for the appointments.;

2. williams and tufton did not sit in the senate since then as a result of the earlier court ruling, that would amount to a tacit resignation (true they had no choice but work with me as they could have sought an expedited hearing on an appeal of the refusal to grant the injunction)

3. the ruling therefore amounts to a declaration, that their resignation was void for what its worth but the subsequent facts and circumstances are such that they ratified the resignation. still work with me here, the subsequent application for the declaratory judgment is all about the circumstances surrounding the resignation letter and subsequent actions or inaction in respect of TAKING their seats in the senate ratifies that they gave up the seats.

Who makes this decision? it will have to be tufton and williams but NOT seeking to take their seats in the senate.

if it goes otherwise it will be pure hataclapse with no endgame in sight. williams and tufton have thier asertions vindicated and it cannot happen again in the future but right now the emphasis for everyone should be on getting the senate to function without embarrasing the senate and the GG

[Time]

something seems wrong that a card carrying political animal like patrick atkinson is now giving advice to the opposition jlp based on a court decision.

this feels wrongish.

I doubt that it is his personal opinion, more like the AG Department position.

There is another way to settle it


https://www.facebook.com/video.php?v=10153197307204369

[Time]

my approach ... common sense.

the decsion was silent as to what should happen with the GG's appointees so I would say:

1. the injunction to delay the appointment of reid and knight was refused by the court (the court shouldn't act against itself at first instance) so in refusing the injunction it cleared the way for the appointments.;

2. williams and tufton did not sit in the senate since then as a result of the earlier court ruling, that would amount to a tacit resignation (true they had no choice but work with me as they could have sought an expedited hearing on an appeal of the refusal to grant the injunction)

3. the ruling therefore amounts to a declaration, that their resignation was void for what its worth but the subsequent facts and circumstances are such that they ratified the resignation. still work with me here, the subsequent

application for the declaratory judgment is all about the circumstances surrounding the resignation letter and subsequent actions or inaction in respect of TAKING their seats in the senate ratifies that they gave up the seats.

Who makes this decision? it will have to be tufton and williams but NOT seeking to take their seats in the senate.

if it goes otherwise it will be pure hataclapse with no endgame in sight. williams and tufton have thier asertions vindicated and it cannot happen again in the future but right now the emphasis for everyone should be on getting the senate to function without embarrasing the senate and the GG

==> Gamma, help out the layman here, if they ratify the resignation that was later declared null and void then does not that mean that the ratification is also null and void?

[Gamma]

Ratified by whom? When?

[Time]

Ratified by whom? When?

3. the ruling therefore amounts to a declaration, that their resignation was void for what its worth but the subsequent facts and circumstances are such that they ratified the resignation. still work with me here, the subsequent application for the declaratory judgment is all about the circumstances surrounding the resignation letter and subsequent actions or inaction in respect of TAKING their seats in the senate ratifies that they gave up the seats


You are the best person to tell us I assumed that you meant that the court ratified it when it refused to block the appointment of the two replacement senators. Now once they declared the resignation null and void then the ratification by the court was also null and void.

[Willi]

Well, he IS a former labahrite! LoL

[Gamma]

No. I meant Williams and Tufton. I think that given what is/was at stake the hearing should have been expedited or that the refusal of the injunction should have been immediately appealed.

[Willi]

Real constitutional quagmire.

The current status requires strict party discipline and that is severely lacking, so the status quo cant wuk.

[Time]

No. I meant Williams and Tufton. I think that given what is/was at stake the hearing should have been expedited or that the refusal of the injunction should have been immediately appealed.

I hear you, maybe they were advised not to appeal? Maybe their lawyers felt sure that they would loose the appeal to block the GG but would win the resignation letter case. Maybe they say it this way.

If the court ruled that the Williams and Tufton resignations are null and void that means that they are still senators irrespective of Reid and Clarke status or the price of eggs. However, if William and Tufton are still senators then Reid and Clarke appointment are automatically null and void.

[Gamma]

i am inclined to go with that view...the potential fallout for this is HUGE!!!! it could condemn the jlp to an even further stretch in the wilderness and it would have NOTHING to do with anything the pnp did!