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Oct 21, 2011

Attorney says 9th gives parliamentary supremacy

Godfrey Smith

Smith also told News Five that despite the changes made to the wording of the Ninth, there is still the danger that it gives too much power to the House of Representatives to alter the constitution, which in essence give rise to parliamentary supremacy.

Godfrey Smith, Attorney

“I am aware of the deletions and the position continues to be that, nuh I had the chance to look at the record prepared at the constitutional and foreign affairs committee and I am satisfied and I would dare say that a lot of other people will be satisfied that that does not remove the issue. The issue still remains that what is there in the ninth amendment is the power given to a three quarter majority in the House of Representatives to amend the constitution anyway. Sections two isn’t touched at all and section two of their amendment is ‘ look when the constitution say every other law is subjected to the constitution, it nuh mean constitutional amendment’ so putting aside the legalese there still remains in that ninth amendment, the power given to the politicians to say we can alter this constitution in anyway we see fit and there still remains in that ninth amendment the text that “once we make that change, no court, well it doesn’t say that no court can do anything about it but it says there are no procedural or substantive limits on this power” and that means that you can’t go  dah court , that really means you can’t go to court to challenge it so the changes are, they are erasing and deleting but still the scorpion’s sting is still there with all the poison in it.”

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