LETTER: Morality and The Law

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MP Smith being sworn-in

By Curiouser

Justice expects morality, and the Constitution demands it, and in the absence of morality, governance becomes twisted and fraudulent.

Matters where chicanery follows the letter of the ancient laws in modern times, it calls for the highest discretionary powers of judges to allow the expected morality of the law to reign supreme.

So also, where clear reform of the constitution is an absolute necessity, and where the British interpretation overrules the sensibilities of culture and intent, again discretionary powers of the Justice system must be called upon.

Clearly the Constitution states no crossing of the floor to join the Opposite Party, resigning and staying in the House can only happen by declaring an independent seat. It follows that using the people’s vote endorsing the party of their choice to govern, must elicit respect for their choice.

The Constitution in its fairness allowed for the Representative to choose independence from both parties, if a change of heart occurs with his support for his party. As an Independent one cannot be controlled by either Party’s Whip, hence taking the Oath of Office to the Council of Ministers in the capacity of a Minister, conflicts with the morality of the edict with respect to crossing of the floor.

Delay, and the inefficiency of the Justice system in the former British territories borders on immorality, and a remote carelessness of our Judiciary, with no real governance by an Apex Court.

Neither the CCJ nor the Privy Council has the power to direct the Eastern Caribbean Court of Justice within its Administration. Further, the closeness between the Executive and the Judiciary creates mistrust among populace, and Justice is denied by cost, to the masses, who cannot afford to seek justice beyond the Magistrate Court.

In this atmosphere of mistrust of the Justice system, it almost seems a waste of time bringing this matter to Court. However even if one loses the case to misuse of privilege and misinterpretation of Legislative procedure in the House of Representatives, it must be aired in the Courts for the people’s education and the Elected Representatives shame!

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8 COMMENTS

  1. Smith became a Member of Parliament, the consistenuents who elected him were UPP supporters, he has the options to become an independent member, or resigned and call a bi-election.

    The people of his consistency deserves the option to revote and elect a candidate of their choice in line with whatever party’s manifesto.

    The Governor General along with ALP has demonstrated a flagrant disregard to the constitution of Antigua and Barbuda. In addition, they have no regards to the functions of democracy and fairness. The GG presides over a corrupt and anti democracy administration.

    The UPP members and Smith’s consistuents should staged protests against his appointment in the ALP administration. The factor that should be kept in mind, Smith is not representing the people who endorsed him as an MP.

    I am struggling to understand why the UPP parliamentarians, party chair are not mobilising actions against this violations. The voices of the people must be heard.

    The GG should be ashamed of himself, as yet again, he has compromised the office he holds as the “King’s Representative” and not ALP corrupt administration.

    The current King’s representative is the worse ever, he failed to support an independent inquiry over the monumental scandal that caused embarrassment and harm to our nation over the Gaston’s migrants scandal, the lists of corruption that this corrupt GG has supported is endless.

    The foolishness of the situation,every time GB tells the GG jump, he asked GB “How high?” When will the GG grows some wings and say ‘No’?

    ALP and the GG are in breach of our constitution. A disgraceful duo

  2. Read your constitution. It says the Prime Minister must choose his/her cabinet from elected members of parliament and the Senate. It does not say from members of a political party. A party is not elected to parliament. A person who may represent a party is. And that is the reason that the Speaker alwaya refers to the Member for such and such a constituency. . “I recognize the member from St. John’s Rural North” for instance. Jump high and jump low but that is the way the Constitution was written and no Judge will try to figure out and rule on why this was written this way by the framers of the constitution.

  3. I concur @ Antigua4ever, my sympathies lie with every single constituent who voted for the UPP in All Saints West.

    And on the flip-side, the ABLP voters who lost out in ASW, now look like winners in the devilish schemes of Prime Minister Browne.

    At least the UPP are now looking at the legal and political ramifications at this outrageous and undemocratic outcome.

    Something stinks about this whole development; and many of us that STILL believe in the democratic process in Antigua & Barbuda welcomes this investigation.

  4. BRIXTONIAN, you are all over this medium with your STUPIDITY. You are like a WHORE. Loser BRIXTONIAN. You are a loser.

  5. CONFUSING ‘…MORALITY AND JUSTICE’ WITH LAW – INTELLECTUAL HORRORS

    While ‘…Intellect’ shall be respected, none may seek to ‘…Confuse Morality and Justice’ with ‘…Law.’

    HERE’S WHY

    These concepts are not the same, and shall never be perceived as functioning in the same way.

    RATIONALLY ARGUED: PERSPECTIVE

    Should it be ‘…RATIONALLY ARGUED,’ it might be from this ‘Perspective,’ as taught and learned early-o-clock in a ‘…Law enforcement career.’

    ‘…What is ‘…Morally Right,’ is not necessarily ‘…Legally Wrong.’

    EXAMPLE

    When then ‘…Professor Higgins’ [Mona Campus: Jamaica: 1987], explained the ‘…APARTHEID SYSTEM’ in ‘…South Africa,’ he posited that:

    ‘…While it was ‘…MORALLY WRONG,’ to .’…TREAT’ indigenous black people in the way the ‘…White Minority’ did, there was ‘…Existing LAW’ that makes it ‘…LEGALLY RIGHT’ for the
    powers-that-be, to do so.

    DEGRADING AND INHUMAN TREATMAN

    In spite of its ‘…Constitution,’ the ‘…DEGRADING AND INHUMANM TREATMENT’ continued, until the ‘…SYSTEM’ ended with the ‘…REPEALING’ of the ‘…APARTHEID LAW.’

    MORALITY AND JUSTICE

    Now, seemingly harbored in the minds of some ‘…INTELLECTUALS,’ some appeared to have erroneously believed that in ‘…POLITICAL SYSTEMS,’ there are, and ought to be ‘…MORALITY AND JUSTICE.’

    Even as the former is most ‘…DESIRABLE,’ in these systems, no such virtue exists.

    ANTICIPATED v UNEXPECTED

    Though not necessarily that which they may have seen and ‘…ANTICIPATED, the ‘…ELECTORATE’ often ‘GET’ that which was ‘…UNEXPECTED.’

    DONKEY IN JACKET AND TIE

    Well, pointless arguing over ‘…SPILLED MILK.’ This does negate the ‘RIGHT’ of the ‘…ELECTORATE,’ in testing the ‘…Judicial System.’

    The ‘…INTELLECTUALS’ will see …MORALITY AND JUSTICE,’ when in ‘ACTUALITY’ or ‘..ILLUSORY,’ they see ‘…DONKEYS’ wearing ‘…Jackets and Ties.’

    DONKEYS AND JACKASSES

    Those that they may have seen, and will continue to see or perceived in such ‘…Mode of Dress,’ they are really not ‘…JACKASSES.’

    Though some might be so called, they are also not ‘…DONKEYS.’

    However, some might properly and justifiably be described as: …..? ‘ ‘…IAH- YAIH!’ (Vernacular).

    TALK GOOD.

  6. @ GILES it seems like you are still backing this political jackass 🥸 in this one horse 🐴 race?

    🎶🎤Wheeeeeel again from de man dem call Brixtonian 🎧🎶 … Aieee! Riddim Come Forward

  7. @Biggs, it’s the prerogrative of the PM to appoint elected members to make up the cabinet to run the country, the PM could not choose any member of the public to be a cabinet member.

    In addition, it’s unheard of any government tha has ever appoint an elected member to cabinet who does not share the same vision and aspirations of the ruling party.

    ALP administration, its leader instructed it’s cabinet members to enriched themselves, UPP stands for “Each endeavouring all Achieving”.

    ALP stands for a totallerterian approach, as demonstrated when ALP administration ordered that the people of Antigua and Barbuda should be gassed as was demonstrated when the police was ordered to gassed peaceful demonstrators.

    UPP is in favour of promoting democracy, which was challenged when the PM turned up at St Mary’s South with the Chief of police and the head of the defence force. The primary purpose of the PM’s action was to intimidate the voters of St Mary’s South.

    In addition the PM turned up Asot’s consistency and behaved like a thug and threatened to to thump Asot in his mouth.

    Smith was part of UPP team members that condemned the behaviour of the PM’s disgraceful conduct, Smith was part of the team that criticised ALP’ failures for not providing road improvements, water etc.

    UPP parliamentarians, which Smith was part of condemned the government for its perpetual list of failures.

    Therefore, it would not be prudent for the PM to appoint a member whose views are diametrically opposed to the party of “Self enrichment.”

    It is always best to keep a sound mind about the interpretations of our nation’s constitution and not to interpret it to suit the mind of a despotic leader who has no regards for the rule of law and good governance.

    Smith should do the honourable thing and resigned and let the PM call a bi-election and let Smith embraced the ALP’s Manifesto and the run as an ALP candidate.

  8. @Brixtonian, @Giles, probably Gaston Browne himself,dares to call anyone “prostitutes, “or”whore,” He sits in the Rumshop come Saturday, surrounding by whores and prostitutes, scums of our corrupt, demoralized Antigua. He pays dearly for their adoration. Can anything be more sickening?
    This dunce has relegated Antigua and Barbuda to the worst ever. The dunce with an alleged Masters in business, probably a lie, has used 220 million in the hole. Let him talk about that instead of people’s business.

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