Tag Archives: Ian Chang

The Chief Justice and the “Separation of Powers” – Eusi Kwayana

Letter from Eusi Kwayana  followed by a news report of the Chief Justice’s ruling on Budget Cuts by the Legislature:

Dear Editor,

The Chief Justice and the “Separation of Powers”

In the Guyana Constitution as in most constitutions , the Legislature, the Executive and the Judiciary , the three “powers” of government , overlap. It is the work of the political culture to keep them from intruding unlawfully  on one another’s jurisdictions. Judges are not legislators, but they make law. Many of the laws we are guided by as  “binding precedents”  are made by judges. Societies are not going to throw away the these precedents  until the courts themselves, or the parliaments make  them no longer  binding.

In Guyana it should be easy for a court to appreciate   that the business of the National  Assembly is governed by a special body of  rules with the status of law called Standing Orders.  Are not procedures of the courts governed by Rules of Court? And does not the High Court Act empower courts to determine  their own procedure  where the Rules of Court do not apply?  Continue reading

High Court dumps Attorney General’s parliamentary committees case

High Court dumps Attorney General’s parliamentary committees case

May 2., 2012 – Demerara Waves –

The High Court on Wednesday threw out a case brought by Attorney General, Anil Nandlall, saying it had no legal power to determine the proportional composition of Committees of the National Assembly.

“It therefore does appear that the complaint of the Attorney General has been made to the wrong forum. The forum for a complaint of this nature is the National Assembly itself and not the court,” Chief Justice, Ian Chang said in a 30-page decision.           Continue reading

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