Judge orders port referendum law quashed
(CNS): The Cayman Islands Government has been ordered to quash the referendum law it passed to pave the way for the people’s vote on the cruise port project. Justice Tim Owen, who had found that the legislation was incompatible with the constitution, said in his latest ruling on the remedy following the judicial review that if the court did not quash the law, it would be complicit in a “legal fiction” and it had to be done to remove any doubt about its illegality.
Government had argued that there was no need to quash the law as it was going to replace it in any event. But the judge said the arguments made by government were a last minute submission and essentially unconvincing.
Meanwhile, the lawyers representing Shirley Roulstone, a member of the Cruise Port Referendum campaign group who brought the case challenging the government on a number of aspects of the law, had argued from the beginning that if the judge agreed with them that the law was unconstitutional, then it should be quashed.
Taking some time to consider the order he should make, Justice Owen delivered his decision on Monday and handed yet another win to Roulstone and the CPR, once again highlighting the government’s efforts to undermine its own people’s democratic rights.
The CIG will now have to withdraw the legislation unless it follows through on its recent declaration that it would appeal, in which case the unconstitutional legislation will remain on the statute books until that appeal is addressed. Government has not yet filed any grounds of appeal.
Owen noted that if the CIG disagrees with this order remedying the unconstitutionality of the law, then they could address it in their appeal.
Check back to CNS tomorrow on more on this live case.
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Category: development, Local News
This is dangerous ground. For an unelected official to cancel a law agreed to by elected people’s representative is itself unconstitutional. Hitler, Mussolini, Stalin et al came to power by propounding just such a philosophy and then proceeded to carry it out.
The point is, that the Referendum Law is, of itself, unconstitutional. The electorate did not vote for the highly respected members of the LA to pass unlawful laws – and the only people with sufficient competence to point that out to them, are the unelected judges (impartial) who determine matters of law!
Hear, hear. So true. No more unlawful laws.
So with the referendum law quashed doesn’t that mean that it is now Government that makes the decision to build or not to build the port?
CIG cannot proceed to to sign any contracts or commence with the port project.
CIG need to follow a process and draft a new referendum law that is compatible with s.70 of the Constitution 2009 or the file an appeal to the Court of Appeal.
CIG made a mess of the referendum process and law that was determined by the Grand Court to not not comply with fundamental principles of law and incompatible. CPR pointed these issues out over several letters to the Premier and Cabinet that were ignored.
The UNITY government were beaten on every point in this case by lay persons who sought to have a People’s Initiated referendum process done properly instead of the usual manner than leads to chaos. The arrogance of the Premier, Deputy Premier and every member of the UNITY is what forced the Judicial Review case which the Judge then ordered that the original referendum law be quashed as it was deemed not in compliance and unfit for purpose.
The people have spoken but this elected government refuse to listen.
They don’t just refuse to listen, they keep appealing with our money expecting a different outcome. Ego-driven insanity.
Another reason why those of us that voted “No” on the Constitution were right.
Vote them out! They have proven that they have no conscience where taking care of their people or their islands are concerned. I am hoping and praying that some decent, honest people will run next time so we can have good representation. It is obvious that the ceiling is falling and my hope is that it hits every single one of them on the head!
Relax everyone.
There’s not going to be any new port.
There’s also not going to be any decent honest people elected next time around either.
The people were right. Now the Grand court have ruled so yet their government fought them every step of the way to push the cruise dock project down our throats.
This government lead by Alden McLaughlin Moses Kirkonnell McKeeva Bush Joey Jew Tara Rivers Juliana O’Connor-Connolly Dwayne Seymour Roy McTaggart Eugene Ebanks Barbara Connolly David Wight and Austin Harris spread their propaganda and spin to give away control to the cruise lines. They work for special interests not the majority of Caymanians.
Time has come to replace all those MLA’s that refuse to listen to the people and work for the people. Vote them all out in 2021.
Now that SIPL is (supposed to be) in place, civil service whistle-blowers should (theoretically) be free to corroborate what we all suspect. But, of course, as we’ve seen, and as they have been cautioned by the Deputy Governor, career safety for those whistle-blowers is not guaranteed as it properly should be.
Lawmaker-are you saying that the judge overstepped his role? I believe the judge did interpret the law,deemed it to be incompatible with the constitution and ordered that the legislature change it. What “kind of power” are you referring to ? He did his part now the legislatures have to do theirs.
Good job, Chantelle and Vicky can tell us just how much notice the government pays to declarations of incompatibility.
Privy Council….
time for class action suit against cig for gross incompetence
Well first you would need to change the law to allow class acts suits – no one in the political or merchant class has any interest in that happening.
The whole Unity team should hang their heads in shame. AND ALden being a lawyer himself. Shame on you, you know better. Can we start a petition to bring back Chowdry?
Unity team dont give a rats ass.
Geez Aldart really looking a lot like you’ve lost all credibility with your people…supporting the woman abuser probably isn’t gonna help you much….why not step down man.
Vote No
At what point does the FCO step in? The Governor’s only job is to ensure good governance. When will he actually “get the picture” here?!?
They can do whatever they want as long as they continue to support everything the UK demands of them….as long as they agree to substance legislation or beneficial ownership registration in excess of world standards and inconsistent with privacy laws and rights…well then they can force through a conflicted and nefarious port deal….the can support and neglect to prosecute a criminally abusive MLA…
Exactly
Not when citizenship is distributed to buddies like candy.
Not when millions government equipment is used to do work for private sector persons for free and never brought back to where it was needed.
Not when the governmernt ignores rulings of the Court of Appeal;
Not when the government passes and attempts to enforce legislation that is literally unlawful;
Not when the highest official in the legislative assembly strikes a woman in front of multiple witnesses, and neither the police nor the government take any overt steps despite the passage of 10 days.
My guess is we are in this by ourselves. Very disappointing.
I do believe the FCO has enough on their hands already. We don’t need them !
The truth of it is that we do need them, but they don’t need ( or care about) us.
The statute books are filled with unconstitutional legislation. Few have the means and capacity to effectively challenge it and fight against the state to have the constitution upheld. The result is a disgusting overreach by government across a broad spectrum of issues, with no accountability. I am pleased that at least this time, Justice has prevailed.
Thank you CPR! The judgement is proof that people do have a say and can make a difference. Take that to every member of a pompous unity govt that does not want to listen to the people or majority but they will no longer have a choice.
Time to vote them all out in 2021
Agreed. But be careful who you vote for next time; there’s a big danger of ending up with more of the same.
Step one – do not vote for anyone who is, or has ever previously been, an MLA
We will watch out to ensure that do not get near the nomination desk come next year. Stay far far away. Ignorance is worse than coronavirus- beware.
Delay the cruise port referendum until election day – if it all – plain and simple.
NOUN
a system of government by the whole population or all the eligible members of a state, typically through elected representatives.
“a system of parliamentary democracy”
synonyms:
representative government · [More]
a state governed under a system of democracy.
“a multiparty democracy”
control of an organization or group by the majority of its members.
“the intended extension of industrial democracy”
the practice or principles of social equality.
“demands for greater democracy”
They don’t pay these judges any mind, as recent history confirms.
Judges INTERPRET laws NOT MAKE or AMEND laws.
The elected officials MUST be the ONLY entity to make and amend laws. No one should undermine the LA in that role. If MLAs cannot do their job with integrity they are removed in elections. We Cannot put that kind of power in the hands of Judges who are there essentually for life.
You simply do not understand the concept of “The Rule of Law.” I thank God that judges are there and can exercise control over politicians, particularly those who appear to lack basic integrity.
Yes, all that common law made by legislators…
So if slavery was legal would you have waited for elected officials to fix it? History shows that it was the courts that made slavery illegal.
Everyone always talking about the good ol days. There were some positives to be fair.
Not for the slaves!
If you are a lawmaker, and you (like Alden) don’t understand the basics of judicial review process, how scary for the rest of us. This is a constitutionally important aspect of English law which aims to keep checks on any bodies exercising public law functions to ensure that act lawfully and fairly and do not abuse their powers, also known as acting ‘ultra vires’ and rampant here. If you can’t understand how important that is then you have no right to be making any laws. If you are a public official it may interest you to know that we could start a judicial review against your Dept, for misinterpreting law. Don’t play professional lawmakers at their own game. You will lose, and we will enjoy watching.
Please tell me that was sarcasm. Judges are the only ones professionally qualified to make, interpret, amend and quash laws. The judicial review process is there to protect us from corrupt and unconstitutional public bodies and decisions. And we fully intend to use it.
Not when the government is so arrogant and incompetent as to pass illegal laws, and refuse to acknowledge or even correct its error.
It doesn’t take a 5th grader to understand a law that counts a no-show as a yes is in democratic in the very least.
A vote is counted by those who go to the polls-that is democracy!
… a majority carries the vote/motion.
It amazes me anyone thinks a stay-home no-shown equals a yes? It is clear and evil intimidation for any civil servant and with 4,000+ plus of them here working for these crooked politicians you think government workers are brave enough to go to the polls and lose their job? The law is unfair and undemocratic,
The whole port project is a boondoggle political disaster.
Well done people….
Kick out the greedy bums!
Sorry, you must have only made it to 3rd grade. Like it or not, the constitution provides that wording for people initiated referendum. Not unlike requiring 2/3’s majority to change US constitution. Changing the law must be more than a whim. And no I am not in favor of the port.
None of: (a) bad faith negative affirmation; (b) conflation of two different questions; (c) scheduling for maximum non-attendance; (d) campaigning against people, using bottomless public funds -are part of the Constitution. That’s the official (obvious to everyone but Cabinet) judicial verdict. The Referendum Law isn’t being ordered to be changed later, it’s being thrown out completely as unconstitutional. The MENSA Crown Council should now feel free to add “author of unconstitutional laws” to his absurdly granular Linked-In bio.
If you actually are a ‘LawMaker’ as your name suggests, then you should resign immediately and go back to school, because you’re too ignorant and stupid to be allowed anywhere near government.
Steady! If ignorance and stupidity were barriers to government half our MLAs would be out of a job. You misunderstand the rules. If you can get approximately 300-400 people in a district to vote for you you are in, whether you are stupid, ignorant, a crook, a woman beater, a drug dealer, or a religious fanatic. That’s the Cayman way. Actually doing the job with competence and integrity are not the primary determinants of whether you pick up those 300+ votes.
And therein lies the core problem with Cayman lawmakers to date.
Well, this one has been interpreted as yet another added to the growing heap of unconstitutional and repugnant Laws submitted by thugs shooting for an illegal outcome.