Text cited by CCJ identifies broad restraints on caretaker gov’t
Dear Editor, The Caribbean Court of Justice in its final pronouncements on the 12th July, 2019, describes the current status of the Coalition Government as a “Caretaker”.
I have no doubt that the Government’s propagandists will now distort and obfuscate the nature and purport of a “Caretaker Government”. Indeed, they have started. Dr. David Hinds is on record, preposterously, arguing that there is not much difference between a “caretaker government” and a regular government. Nothing can be further from the truth. But no doubt, the spinning will continue to feed the Kool-Aid to gullible.
In its ruling, the CCJ referred to the text, “Constitutional Law of Canada by Peter Hogg”, as the source from which it borrowed the phrase “Caretaker”. I consulted the said text. The learned author states that a government assumes such a position, inter alia, following when “the Government has lost the confidence of the House of Commons”, as the
Coalition Government did by virtue of the No Confidence Vote passed on the 21st December, 2018.
The learned author proceeds to say that such a Government “is expected to behave as a caretaker and to restrain the exercise of its legal authority”. The author then refers to guidelines emanating from the Privy Council Office on this matter.
Those guidelines dictate that “… ‘in matters of policy, expenditure and appointments’, the Government should restrict itself to ‘activity that is: (a) routine, or (b) non-controversial, or (c) urgent and in the public interest, or (d) reversible by a new government without undue cost or disruption, or (e) agreed upon by the Opposition (in those cases where consultation is appropriate’) ”.
So the Government’s apologists, can spin all they want but any actions taken, decisions made or policy implemented outside of the parameters delimited above will, necessarily, be, ultra vires, without and in excess of jurisdiction, contrary to the Constitution, unlawful, illegal, null, void and of no effect.
Propaganda can never legitimize the illegitimate.
Yours faithfully, Anil Nandlall