WILL THE REAL RAPHAEL TROTMAN STAND UP?

The letter published by Mr. Raphael Trotman in yesterday’s newspapers is worth reading. If it does not shock you to your vitals, you are not living in Guyana or you have never heard of Mr. Trotman. Mr. Trotman has been in the public eye for decades and, since the formation of the AFC in 2005, […]

THE CCJ’S TIMIDITY HAS INTENSIFIED THE CONSTITUTIONAL CHAOS IN GUYANA

The Caribbean Court of Justice has extensive powers to make the orders that had been sought in the no confidence motion cases. Without serious justification, it declined to do so. Its ‘timid and ineffectual’ decision has intensified the constitutional chaos in Guyana. High Court cases are now being brought for orders and declarations that the […]

FAIR COMMENT ON A MATTER OF PUBLIC INTEREST

In English law, fair comment on a matter of public interest is allowed. Generally, it guarantees the freedom of the press to make statements on matters of public interest, as long as the statements are not made with ill-will, spite, or with intent to harm the subject of the comment. For decades, English courts have […]

THE SIMPLE AND THE ABSOLUTE

As is now well known, the Constitution makes no distinction between a ‘simple’ and an ‘absolute’ majority. It refers only to ‘majority.’ But the Court of Appeal ruled that such a distinction exists and under Article 106(6) an absolute majority of 34 out of 65 is required for the passage of a no confidence motion. […]

UNLAWFULLY HOLDING ON TO OFFICE

The Speaker of the National Assembly, Dr. Barton Scotland, having declined to reverse his declaration on December 21, 2018, that the no confidence motion against the Government had been carried on a vote of 33-32 in favour, has shifted the arena of contest to the Court. The constitutional provisions which have been automatically triggered by […]