Mon | Dec 10, 2018

Attorneys must stop playing politics with law

Published:Friday | February 23, 2018 | 12:00 AM


Sadly, Don Foote, in his guest column titled 'Judges' misguided patriotism' (Gleaner, February 21, 2018), has sacrificed the credibility of his legal education.

The 97 judges made a declaration on the principle of separation of powers. The judges clearly stated that they were not commenting on the constitutionality of the appointment of the chief justice.

They were addressing a particular statement from the prime minister, which appeared to conflict with the doctrine of separation of powers.

The seminal case of R.V. Hinds supports the independence of the judiciary.

This is the legal point that the judges asserted. It is correct that the prime minister ought not to interfere with the independence of the judiciary.

Are the judges wrong for declaring the law? If so, on what authority are Mr Foote and people like the politically motivated Frank Phipps using to negate the judges' declaration?

Lawyers must ground their arguments on legal authority and eschew politically driven emotions.


UTech Law Student