Sunday, September 15, 2013

Letter: Volney should face the people in byelection

Volney as UNC ... with a green UNC shirt
I write concerning MP Herbert Volney chances of getting the Court to overturn Speaker Wade Mark's recent ruling that started the 14-day countdown towards him losing his Parliamentary seat.

I suspect Volney won't try anything since he knows he won't succeed and may not even get a hearing. Therefore, those (like Opposition Leader, Dr Rowley) who suggest the Speaker's ruling was merely a ruse that will be overturned, are making no sense.
Unlike with the National Alliance for Reconstruction (when it took then President, Ellis Clarke, to Court and was rebuffed), with Volney it's not that the Court's barred from reviewing and pronouncing on the legality of the Speaker's decision. According to Section 49A(2) of the Constitution, Volney can go to Court to destroy its rationale:

" challenge the allegation that he has resigned or to challenge his expulsion..."
That means, the Court won't have much work to do since Volney cannot deny hesigned and submitted a letter to the Speaker indicating he'd resigned from the United National Congress (UNC).
There being no other provision which allows him to challenge the Speaker's ruling, I conclude, concerning his originally elected parliamentary term, MP Volney has committed suicide.
In the unlikely event Volney tries to spring some surprise, his own words (as reported in Hansard) will turn against him. On April 15th 2011, as former Prime Minister Manning sought permission to use lawyers for his upcoming Privileges Committee appearance, Volney dismissed him comprehensively, as follows:

"The courts will not allow any challenge to be made to what is said or done within the walls of Parliament, once done in performance of its legislative functions...

Alleged irregularities in the conduct of parliamentary business are a matter for Parliament alone!

"This constitutional principle (dates back to the United Kingdom's Bill of Rights 1689, Article 9):

“...proceedings in Parliament ought not to be impeached or questioned in any court or place out of Parliament...”
"This principle is essential to the smooth working of a democratic society which espouses the separation of powers between a legislative Parliament, an executive government and an independent judiciary."

That being the case, I rest!

HestoCorbie | 69 Prizgar Lands, Laventille.

No comments:

Jai & Sero

Jai & Sero

Our family at home in Toronto 2008

Our family at home in Toronto 2008
Amit, Heather, Fuzz, Aj, Jiv, Shiva, Rampa, Sero, Jai