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May 11, 2016

P.U.P. Files Claim, Challenging Sarstoon Law

The People’s United Party is proceeding to challenge the Sarstoon Law. The claim is being brought by the Party Leader John Briceño against the Attorney General and the Governor General. Briceño is seeking a declaration from the court that the Statutory Instrument passed on April twenty-ninth on Public Safety is contrary to rights guaranteed by the Belize Constitution. Second, that the law should be struck down since it is unconstitutional and unlawful. On Tuesday, the P.U.P. through its legal advisor, attorney Andrew Marshalleck, filed a claim challenging the Sarstoon Law which restricts freedom of movement within the area of the Sarstoon River. Today, Marshalleck explained the legal challenge.

 

Andrew Marshalleck

Andrew Marshalleck, Attorney

“The claimant is John Briceño and the main defendants in the claim are the Attorney General and the Governor General of Belize. The basis of the claim is really straightforward and simple. As we all are well aware, the constitution guarantees Belizeans the right to freedom of movement within the territory of Belize, subject of course to a number of accepted restrictions. These restrictions are laws making provisions in the interest of for instance public safety. So the public safety act is one of these laws that the constitution allows for restrictions to be placed under freedom of movement in certain circumstances. Section two of that law, as you are all aware because it has been repeated many times, the basis of the exercise of the power to make the SI under section two is the Governor General satisfaction that there was a risk of civil commotion that could result in a threat to public safety so that everything, the law itself is predicated—whether or not the determination that there existed such a risk is justified. The challenge to the constitutionality of it lies in the simple contention that there was really no risk of any civil commotion threatening public safety.”

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1 Response for “P.U.P. Files Claim, Challenging Sarstoon Law”

  1. MNHG says:

    Unless Barrow knows of risks unknown to the public, such as if Sarstoon has been given to Guatemala in order to cool them down!!!.
    Barrow has ..HAS a foot in the Sarstoon, now his foot is stuck and he cannot get out that foot !!!
    Let the ears that can , hear what an unknown uneducated has said !

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