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Stabroek News

Putting cart before the horse?
published: Friday | February 25, 2005

THE EDITOR, Sir:

CAN YOU claim ownership to something before it is made or manufactured? Similarly could the Caribbean Court of Justice (CCJ) be entrenched before it was established? This was the point the government was debating re the entrenchment of the court.

Remember the JLP and others were saying Mr. Patterson should have a referendum to make the people decide whether or not we should leave the Privy Council. This was what caused Mr. Patterson to say "forget it" since he knew Section 110 could abolish the court by a simple majority of both houses.

The Privy Council has now confirmed this to its own embarrassment, because it itself was not entrenched. The government always said the court would have been entrenched by way of a referendum after it was established, which now appears to be the case, so was all this going to the Privy Council really necessary?

GOV'T IN A STRONG POSITION

The Privy Council's decision against itself has left the government in a strong position. As a matter of fact the government now holds the handle contrary to Mr. Chuck's belief that the JLP now holds the handle.

Having the majority in both houses the government can go ahead if found necessary and abolish the Privy Council, which would then leave the appeal court as our final court for the time being.

Since a third court is desirable, the only alternative therefore would be the CCJ. For which a referendum if necessary, could then be held if a two-thirds majority of both houses was not achieved.

I am, etc.,

DERRICK GRUBB

Excelsior Avenue,

Bridgeport

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