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Apr 1, 2019

Shoman says There is No ‘Separation of Powers’ Issue

Lisa Shoman

Courtenay also argued that the Special Agreement, read on a whole, is an attempt by the executive to empower the International Court of Justice to amend the country’s constitution as it relates to the territory, therefore, exercising legislature abilities in violation of the “separation of powers.” Shoman, however, argues that Courtenay’s IFs preempts the outcome of the referendum.

 

Lisa Shoman, Attorney for G.O.B.

“That issue is really a non issue for the court, that the court actually has no remit there because there is no separation of powers issue. The court is actually being asked to intervene in a matter that is reserved for the executive that is treaty making power, signing treaties and that is also reserved for the legislature that is treaty making powers which is ratification of treaties. What we are arguing is that there is no separation of power issue. Remember we haven’t had the referendum and I like to refer to this and I am so, I am going to be a little flippant this is to me a perhaps tacos, with some maybe sprinkling inside and a serving of if addition there to. It is an if tortilla rolling up some maybe’s and you call it a perhaps tacos. It is really very far to ask the court to stretch.”

 

Reporter

“About the binding nature of the referendum domestically as oppose to internationally.”

 

 

Lisa Shoman

“They are the one who say if it is not binding. So if it not binding what are you worrying about? Really, seriously. So what we say is that the Vellos Case says that all referenda in Belize are consultative. All. Doesn’t matter what kind. This is perhaps as the lordship pointed out the flaw or the weakness if you like in our Referendum Act. But that is law and until that law changes no referendum is binding.” 


Viewers please note: This Internet newscast is a verbatim transcript of our evening television newscast. Where speakers use Kriol, we attempt to faithfully reproduce the quotes using a standard spelling system.

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