Upholding the Constitution
Published: Monday | February 23, 2009
Some among us are firm in their conviction that the commencement of law and order in a society begins with the observation of its Constitution.
Sadly, not enough people in our society are either aware of the importance, or are sufficiently concerned about it to be vigilant in demanding that it be scrupulously upheld. It seems as if some of our legislators and regrettable members of the legal fraternity have scant respect for our Constitution. This makes the job of the judiciary that has the responsibility of interpreting and upholding the Constitution all the more important.
A matter of urgency.
There was a general election in September of 2007 to determine the persons who should constitute the Parliament of this country. Arising from that election the matter of the eligibility of some persons was contested on constitutional grounds. One could reasonably infer that since Parliament is the hub of policy and legislation that operates the country, the matter of settling issues relating to legitimacy of personnel and procedures concerning this institution would be treated as a matter of urgency. In the light of past and current experience one could be excused in feeling that the courts do not share the view of the justification of urgency in resolving these matters.
Should one apply the maxim of 'justice delayed is justice denied' to the tardiness in resolving of these parliamentary/constitutional cases, what would the conclusions be? The delays do not arise from shortage of money. Even when the case load burden of our judges is unhealthily high, the national importance of these cases require that they be treated as priority. Hence, having been started their importance should permit them to enjoy undivided attention until a verdict is handed down. It is very disturbing that even after cases have been heard, there is a pronounced tardiness in delivering a verdict to arrive at a conclusion.
Maintain public confidence
The judiciary is one of the few institutions in this society that enjoys high public confidence. That confidence is well earned. We must endeavour that everything is done to maintain that public confidence by preventing the courts from becoming a victim of the sort of cynical whispers that arise from unexplained or inexplicable delays in the system. The entire justice system needs to be upgraded to handle the present load. In the meantime, a policy decision must be taken to give these constitutional cases priority in order that they are concluded urgency.
I am, etc.,
LUCIUS C. WHITE
Kingston





















