…of the Judgements
The CCJ has deferred the “consequential orders”, to be issued following its judgements on the NCM and GECOM Chair’s appointment cases, till next Monday. But in the meantime, there are other “consequences” that your Eyewitness has been highlighting that were already playing out and which have now risen to the fore with a vengeance. The most dangerous one is the cynicism engendered in our Constitution by Granger and his PNC Government’s treatment of it.
A democratic country’s Constitution is as close as we can get to the stipulated “social contract” political philosophers like Hobbes, Locke and others proposed between we, the citizens, and the state we have formed to move us out from the “state of nature”, where life was “nasty, short and brutish”. The Constitution lists the powers – and separation of those powers – of the State and the government we elect to run that State on our behalf; gives us procedures to elect and to remove that government; enumerates our rights that the State cannot violate; procedures to amend the Constitution and finally insists that ultimately sovereignty resides in we the people.
But like its predecessor regime under Burnham, the Granger PNC has insisted on violating the rules of the Constitution with impunity and incredibly declaring that orders of the Court interpreting those rules are their “perception” and they, the PNC, are entitled to theirs!! Even though the Constitution insists the Courts are the authoritative bodies to interpret it!! Case in point was Granger’s unilateral appointment of James Patterson as the GECOM Chair and his retort to CJ George that the choice HAS to be a Judge!! Who he duly appointed so we know he had made his choice all along outside of the constitutionally-mandated list submitted by the Opposition Leader. Well, the CCJ has now supported Justice George – even though they rejected her acceptance of Granger’s unilateralism – but the damage has already been done to undermine the Constitution and its guardians. And we can see this in the reaction of PNC’s partisans now that Patterson has to go.
Everyone knew why Granger wanted Patterson – the latter’s subsequent actions proved beyond a shadow of a doubt he was a PNC poodle – and as the CCJ declared, Granger’s unilateralism violated the intent of the change to the Constitution that incorporated the “Carter Formula”. But a large section of the populace now believe it’s OK to subvert the Constitution for political expediency and that the President trumps the Judiciary on interpreting the Constitution.
And this is exactly why Granger has just declared that there won’t be elections until AFTER HtH registrations!
Never mind that this will ultimately be decided by the CCJ.
The CCJ has now concluded that Granger committed an illegality when he reached outside the names submitted by the Opposition Leader and plunked Patterson into the GECOM Chair. Now, there are some, who argued this point from the moment the illegality occurred – because it so clearly violated the consensual mechanism that was embedded in the Carter Formula. However, some of those same folks are now suggesting that we allow him to remain there – because of the need for quick elections, which, they presume, selecting a new candidate will preclude.
Well, apart from that unfounded premise, there’s that old maxim in law – “Ex turpi causa non oritur action” – “from a dishonourable cause an action does not arise” – which suggests that a law breaker must not be allowed to profit from his illegal action. And this is exactly what will be done for Patterson – who’s a serial law breaker – if allowed to continue.
Remember him claiming his false declaration of being Chief Justice of Grenada was a “slip of the pen”.
Patterson must go!!
…of a conscience vote
Even though the CCJ ruled that Charrandas Persaud’s NCM vote was in accordance with the Constitution, PNC partisans are still baying for his blood.
They’ve resorted to interpreting the Bible to insist he’s a “Judas”!