LETTER OF THE DAY
Be careful, Mr Walker
THE EDITOR, Sir:
Sunday's Letter of the Day from the otherwise admirable Danville Walker makes several dangerous assertions and assumptions. And he is also quoted as having written to the minister with portfolio responsibility for elections as follows: "We have a problem with any amendment to anything the commission puts forward."
The Electoral Commission needs to rein itself in before it gets too giddy and ends up executing a coup d'état by accident as it becomes regulatory authority, as well as all of the executive, legislative and judicial arms of government presiding over a Fourth Reich. And Mr. Walker needs to be careful how much he wishes for a society without lawyers or academics because, one day, he might just get that wish, especially if he continues to believe in the omnipotent status of the Electoral Commission.
I agree that, where it comes to issues of electoral policy, there is never a reason for the executive arm of government (Cabinet) t any recommendation of the commission. However, when it comes to matters of legislation, I'm afraid that the commission will have to defer to the legislature which, itself, is bound by judicial decisions of the highest authority and the nation's written Constitution.
The Privy Council has twice ruled recently on the unconstitutional nature of mandatory sentences (or any sentences not left to the discretion of the judiciary) and, as such, Parliament had no choice, but to amend the commission's unconstitutional advice. Whatever has been done wrong for 30 years does not have to be perpetrated eternally on th of convention. Every law enacted since 1962 is subject to being struck down if it offends the letter or spirit of our Constitution which the Privy Council has held enshrines the concept of separation of powers. If Parliament were foolish enough as to abide by the commission's advice in this matter, this law, too, would be axed by the courts.
I am, etc.,
GORDON ROBINSON
robinson@cwjamaica.com
69 Lady Musgrave Road
Kingston 10
