Dear Editor,
The UK Supreme Court will today (Tuesday) deliver judgment in one of the most important cases in history after listening to legal arguments two months ago. I refer to the proceedings brought by Guyanese born Gina Miller – daughter of well-known Guyanese jurist Doodnauth Singh, a famous criminal lawyer and attorney general who died a few years ago – and another woman, Devi Dos Santos a Spanish-born hairdresser in connection with the Brexit case.
It is amazing that the English judges – all 11 of them who heard arguments in the case – will deliver their judgment in such a short time, whereas in Guyana and the Caribbean it takes years. Perhaps I should mention that the appeal against the decision of former Chief Justice Ian Chang, SC, who ruled that Bharat Jagdeo can serve more than two terms as President of Guyana. The appeal was filed 17 months ago and the Court of Appeal will make a ruling on February 14, despite a request by Attorney General Basil Williams, SC, for an adjournment. This appeal was pending so long yet the AG wanted a postponement.
Miller’s move to the court raised criticism in certain quarters. She was even threatened. The case raised fundamental constitutional questions about the United Kingdom’s uncodify Constitution, and the doctrine of Parliamentary Sovereignty. The decision is being looked forward by millions, not only in the UK, but the entire European Union (EU) countries. Apart from the rights of the two claimants Miller and Dos Santos as UK and EU citizenship respectively that the Royal Prerogative cannot take away their rights created by the European Community, Act 1972 which brings into force all rights from time to time created by the EU Parliament. This was possible because of the Crown’s Treaty creating power via the Prerogative, The Crown’s case is that the 1972 Act and other subsequent legislation cannot stand on their own. They depend upon the Crown Treaty Power, hence all rights are contingent upon the Royal Prerogative.
There are other issues in this widely publicised case, including whether the UK Parliament can legislate for Scotland, Wales and Northern Ireland without their consent. There is a convention, the Sewel Convention to this effect. The High Court, comprised of three judges, ruled in favour of Miller and Dos Santos on November 3, stating that Parliament must vote, but the government appealed to the Supreme Court – the highest court of the land – and all 11 judges, the entire panel, sat and listened to arguments. Miller told BBC news that she does not want to overturn the referendum decision for Britain to leave the EU, but the rights of Brits must be protected.
Sincerely,
Oscar Ramjeet
