SKN PULSE, Friday 30th January, 2015 – It has been written that the courts do not always interpret a constitution in a consistent fashion thus it is understandable why the majority of citizens in Saint Kitts and Nevis are puzzled at the recent ruling by the judges who conducted the recent hearing of the appeals court through a teleconference setting with regards to the Boundary Changes in Saint Kitts and Nevis where they reinstated the injunction that was discharged by her Ladyship Carter.
It begs the question though: Is there an immediate connection between the Unity Concoction and the Judicial System that have authority over the High Court Jurisdiction? There are numerous cases pending at the appeals court that have been lingering in excess of five years (5) and in a matter of hours they have been granted an immediate audience to have their appeal heard.
With that said, the ruling Saint Kitts and Nevis Labour Party on Friday 16th January 2015 in an emergency parliamentary sitting, moved the draft proclamation had it passed and signed by the Governor General. Thereafter, the dissolution of parliament came. While this was met with an instant cry by the opposition their parliamentary representatives sought an audience with Resident judge Her Ladyship Carter who granted an injunction which was signed at 7:38 pm, a mere hour and thirty eight minutes after the house was dissolved. The initial injunction was discharged and that was the signal used by Prime Minister Douglas to announce nomination day which is on the 6th of February and the election date which is on the 16th of February.
Does this situational circumstance present a classic case where Judicial Restraint should be exercised?
Bear in mind that the election in Saint Kitts and Nevis is a mere two weeks away, (February 16th 2015) and while the latest move is considered a small victory for the People’s Action Movement, The Concerned Citizens Movement and the People’s Labour Party, The Saint Kitts and Nevis Labour Party are adamant that elections would be contested under fair and new boundaries. Therefore, on Monday 9th February when the matter is heard it is believed that both legal teams would be pulling out all stops.
If The Peoples Action Movement wish to pay little heed to what is written in the constitution, why did they utilize the said constitution to realign boundaries in yester-year? Political scientists have opined that the constitution of Saint Kitts and Nevis fulfill a variety of roles: they provide for the symbolic function of putting in writing a statement of national ideals, they formalize the structure of government and they attempt to justify the government’s right to govern.
Posted by SKN PULSE.