THE EDITOR, Sir:I WAS gratified after hearing the recent yet seemingly long-awaited ruling of the Privy Council on the constitutionality of the Caribbean Court of Justice.
Apparently, the Privy Council declared that the three CCJ-related companion bills passed by Parliament last year were unconstitutional and thus void.
The victory is not only a victory for the Jamaica Labour Party, Independent Jamaica Council for Human Rights, Jamaicans for Justice and other civil society organisations but a victory for all Jamaicans.
It is the belief of the Mona Campus Youth League that it is morally reprehensible of any government to arbitrarily replace a nation's final court of appeal - in our case the Judicial Committee of the Privy Council - without seeking the approval of the citizens which this court represents.
In order for the government to push for the establishment of the CCJ it will entail entrenchment through a two-thirds majority vote from all members in both houses.
The government does not have this majority so it would have to consult the opposition.
Jamaicans should know that the ball is not just in the court of the JLP but also in the court of the general public.
This has become apparent due to the statement of the JLP chairman Bruce Golding highlighting that the Opposition is not willing to enter into any dialogue with the government without the approval of the Jamaican people through a plebiscite (referendum). This is by all indications a principled and just stance.
Pertinent arguments posited by the Opposition and civil society include the security of tenure of the Judges and the permanency of the court.
All in all it was imprudent of the government to set up a wobbly CCJ.
I am, etc.,
DELANO SEIVERIGHT
General secretary,
Mona Campus Youth League
delano.seiveright@uwimona.edu.jm
