Drumroll please??? No, maybe we can hold out on the drumroll for now, but preliminary results show that the Opposition party, Jamaica Labour Party (JLP) is well on its way to forming the new government after 18 years of starvation. The ruling People's National Party (PNP) is set to go down in flames.
This brought the UK elections to mind when a Conservative government in power for 18 years, just as the PNP, was beaten badly by the Labour government. The difference with both is that the Labour government won by a landslide whereas the JLP only scraped by on a slim 5% majority. I think this representative of the will of the people, the electorate has shown 'who is the boss' and the results show that they are not totally confident in the JLP but they had to make a choice and to them the JLP seems the lesser of the two evils.
More could be said but that's all for now folks. PEOPLE REIGN SUPREME. Parlimentary sovereignty blahhhhh, electorate sovereignty!!!!!!!!
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I will save my comment on whether we went down in "flames" as you put it, until later this evening when the final tally is done. What are your thoughts on the constitutional issues raised above some of the candidates....is the matter clear as written or is it an interpretation issue?
Well, as I type this I am aware that the JLP has gained an additional seat making it 32-28. Although new to this thing, with law especially common law systems as is Jamaica, interpretation by the judiciary plays an important role. From the written text, the use of certain terms will be conceptualized and depending on how broad or narrow that conceptualization is then you can make your case. Sometimes things that we deem as being wrong does not necessarily equate to being illegal or unconstitutional.
The section of the Jamaican Constitution that is at the helm of this controversy is Section 40 sub-section (a) which reads:
"No person shall be qualified to be appointed as a Senator or elected as a member of the House of Representatives who is ,by virtue of his own act, under any acknowledgement of allegiance, obedience, or adherence to a foreign Power of State".
Now based on the above, the first thing that jumps to my mind is "by virtue of his own act", now the question falls to you, Emancipated? is there any way for an individual to swear allegiance to a foreign power without it being by virtue of their own act?
Now the USA practises citizenship by both jus soli (born on American soil) and jus sanguini (born to American parents or parent), in light of this, it can be argued that citizenship was not gained by virtue of their own act but was rather bestowed on them because of either their parents' citizenship or their place of birth. There are some limitations and condtions place on both concepts and of course, these would have to be borne in mind. Those are my thoughts.
So Counsel...in another few months.....what's your take on whether a by-election would be necessary if the Court comes down in favour of the PNP. Personally I believe that the canadidates ought not to have been nominated in the first place so the seat must be awarded to the only person nominated....I'll look forwrad to reading your reasoned arguments on this...hope I am not taking you away from your studies with this.
Well, I have no authority to speak on this subject in terms of what is required by law. Should the PNP win their case, I don't know if the law requires a by-election or will place the PNP candidate in the seat. As they say there is no precedent on which to base possible outcomes. Personally though, if PNP wins their case, there should be a by-election, get a new candidate or have the old JLP candidates renounce their dual citizenship and run again, but either way the people should speak. If it is that the PNP candidate would automatically become the new MP, I believe that it would be contrary to the constituents' wish, majority of whom have expressed desire for the PNP candidate. But speculation is all good, the important thing is what will be the actual outcome.
You are a true purist...we will await the decision of the Court then.
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