God and the rule of law From a biblical prospectiveDan Wooldridge
The foundation of our rule of law, biblical perspective. How are enjoyment of the rule of law comes from Christianity and the King James Bible. Civil government is grounded in the scriptures. The state must recognise that it is under God's law. Our rule of law establishes the rights and freedoms of every member of the nation.
Legislation and Delegated Legislations are the most common topics for the law students in Bangladesh. In Most of the cases these topics are included under the syllabus of Jurisprudence and Administrative Law.
Annual Report 2006 to 2007: Office of GovernanceMyrtle Palacio
This is an annual report of the Office of Governance, Government of Belize. It highlights the accomplishments of the Office for the financial year 2006/2007.
God and the rule of law From a biblical prospectiveDan Wooldridge
The foundation of our rule of law, biblical perspective. How are enjoyment of the rule of law comes from Christianity and the King James Bible. Civil government is grounded in the scriptures. The state must recognise that it is under God's law. Our rule of law establishes the rights and freedoms of every member of the nation.
Legislation and Delegated Legislations are the most common topics for the law students in Bangladesh. In Most of the cases these topics are included under the syllabus of Jurisprudence and Administrative Law.
Annual Report 2006 to 2007: Office of GovernanceMyrtle Palacio
This is an annual report of the Office of Governance, Government of Belize. It highlights the accomplishments of the Office for the financial year 2006/2007.
Belize's General and Municipal Elections 2003: A ReportMyrtle Palacio
In March 2003 General and Municipal elections were held on the same day and time in Belize for the first time. It was also a first for the CARICOM Region. This meant that not only were Town and City Council elections held on the same day, but also parliamentary elections as well. This is an official report on the election.
Using data from two surveys, the analysis presents a socio-economic profiel for Belize City. These findings were first presented at a conference on Belize sponsored by SPEAR in 1992.
Ninth Amendment to the Constitution: Tracking the TrailsMyrtle Palacio
Ninth ammendment to the constitution contains: 1. the Bill, 2. Press Releases fromthe Chamber of Commerce, Bar Association, Government of Belize.
Other responses will be added from time to time.
Experiences at St. John's College Under the Jesuits in Belize--1949 to 1953Myrtle Palacio
This is a story of the lived experiences with one of ten Garifuna scholars in 1949. It demonstrates also the investment of the Jesuits in people and the contribution of the Garifuna peole to nation-building in Belize through education.
Building Trust in Government: Improving Public Management through Civic Enga...Myrtle Palacio
This paper was presented at a regional forum on reinventing government in the Caribbean. It is a description of the methods, objectives of a "Governance Awareness Tour" sponsored by the Office of Governance,Government of Belize in 2007.
The Garifuna Mali Ritual--A Report on the Workshop ProjectMyrtle Palacio
This is a pictorial report of a Mali Workshop project. It describs the Mali ritual which is a sacred part of the dugu ceremony of the Garifuna people of Belize.
An Open Response to the Prime Minister of Belize--by Lisa Shoman, Attorney at...Myrtle Palacio
A Response to the Open Letter of the Prime Minister of Belize on the Ninth Ammendment to the Constitution by Atorney at Law Ms. Lisa Shoman of Belize.
See the Prime Minister's Letter and other releases in the Ninth Ammendment Package on this website entitled "Ninth Amendment to the Constitution of Belize: Tracking the Trails"
15Same Sex Marriage Political science is an important .docxaryan532920
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Same Sex Marriage
Political science is an important body in the system of government since it offers an analysis of activities and behaviours that are being portrayed in the society. It is out of this that this body has the credibility to focus on human nature and the moral purpose of political issues. In addition, the right of human being ought to be fostered in an appropriate way for that will enable the citizen of a certain country to feel that they have the freedom in doing what they feel is . Hence the rulings that are given out are entrenched in the constitution; this is after a bill has been passed in the parliament and becomes law hence it becomes constitutional for people to practice. On the other hand, if citizens violate the constitutional rulings that are set by the government some consequences tend to be faced. Moreover, a ruling might be illegal or legal this implies that setting of a ruling that is offered by the Constitution indicates that it is not right to do certain behaviours. On the other hand, the structure might implement a law that gives that credibility of certain behaviours to be legal hence; citizens can be in a position to practice them without any restrictions. The bill of rights in the constitution of USA sets the basis for people to practice their intellectual, biological and even spiritual orientations freely that makes same sex marriage legal.
In this case, we are obliged to determine whether same-sex people should be able to marry in California. Same sex people is the aspect of the same gender having intimacy and marrying. It is out of this that people who feel that they have the right to express their moral issues in a different way practice same-sex marriage. To begin with, California Supreme Court offered ruling on certain matters that the citizens of California felt that they should be addressed hence the legislative action on same-sex marriage was addressed. It is out of this declaration that was made legal that same-sex should marry, by this the people from the same-sex would not have violated the law if married. This is because a law was passed in the year 2008 and was constituted in Article 1 of The Declaration of Human Rights. In addition, the article declares that all human being should be nature free and independent with this, it offers people the right to do what they feel is right for them since the constitution states that people should have privacy, enjoyment, and happiness. On the other hand, the Constitution contradicts itself by declaring only married women and man is allowed in California. However, this did not stop the people of California from practicing what they feel is right it is out of this that the bill passed by people of same-sex should marry and they will not have violated the law this is as stated in Article 1 declaration on human rights in Section 8 of the constitution.
Same people should be able to marry one another since it is practicing their rights, by thi ...
BackgroundThroughout the more than two centuries since the r.docxwilcockiris
Background
Throughout the more than two centuries since the ratification of the US Constitution, there have been “schools” of thinking about how it should be interpreted. In other words, groups of political thinkers and judges have tried to think of principles that should guide judges as they exercise this great power to interpret, or say whether a law conforms with, the US Constitution. More conservative judges tend to argue that the text of the Constitution and the previous legal decisions of the Court, or precedents, are the only things that should guide decisions. More liberal judges argue that one can not literally apply the text of the Constitution to modern cases. There is so much happening now that the Framers did not discuss or could have possibly anticipated. Thus, one must take into account broader issues when interpreting. The Constitution must be allowed to evolve with the times, and the Court must consider the public good in their interpretations.
One court case in particular highlighted the debate of original and evolving meaning in the interpretation of the Constitution --
Griswold v. Connecticut
(1965). The state of Connecticut had a law from 1879 that prohibited couples, even married couples, from using contraceptives and physicians from prescribing them. Estelle Griswold opened a Planned Parenthood clinic in Connecticut which offered contraceptive devices to women. It was promptly shut down. She appealed to the US Supreme Court and won the right to distribute contraceptives.
The majority of judges, 7-2, argued in their opinions that the women who received the contraceptives had a “right to marital privacy.” While the word “privacy” does not appear in the Constitution, the majority argued that the penumbra, the shadow cast or the implied meanings, in the 9th
Amendment, as well as other parts of the Constitution, protected people in their persons (and in their marital intimacy) from state intrusion, something Connecticut had done with this law. The minority judges responded that the majority was simply making up law. The opinions of the justices in
Griswold
demonstrate the constant debate of original and evolving meaning in the US Constitution.
Source
Source 1: Justice William O. Douglas, Majority Opinion
“The foregoing cases suggest that specific guarantees in the Bill of Rights have penumbras, formed by emanations from those guarantees that help give them life and substance…. Various guarantees create zones of privacy. The right of association contained in the penumbra of the First Amendment is one, as we have seen. The Third Amendment, in its prohibition against the quartering of soldiers “in any house” in time of peace without the consent of the owner, is another facet of that privacy. The Fourth Amendment explicitly affirms the “right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures.” The Fifth Amendment, in its Self-Incrimination Clause, enabl.
The pre-1988 Constitutional Amendment of Section 90 (1) (a) was specific in deciding on the size of each electoral division, as follows:
"An electoral division shall consist of NOT LESS THAN 2,000 and NOT MORE THAN 3,000 registered electors".
However, this was changed by the first amendment to the Belize Constitution in 1988. Section 90 (1) (a) now states that, "Each electoral division shall have AS NEARLY AS MAY BE, an equal number of persons eligible to vote".
ELECTORAL BOUNDARY REDISTRICTING BELIZE--A Historical Overview As At Septembe...Myrtle Palacio
The last boundary redistricting exercise in 2004/2005 was the first endeavour at narrowing the gap in electoral population between divisions. The wide gap was decreased substantially from a ratio of 4.4: 1 to 1.7: 1, nationally. In the Belize District, the gap was narrowed from a ratio of 3.1: 1 to 1.3: 1. This was accomplished by setting guiding principles to keep adjustments to a minimum and setting a tolerance limit.
BELIZE Boundary redistricting has been conducted from very early on in our post adult suffrage electoral history. The increase in the number of electoral divisions overtime resulted in adjustments to the boundaries of constituencies. In 1954 the number of electoral divisions increased from six to nine. While the number of constituencies has been conducted multiple times in Belize, it was not until 2004/2005 that any attempt was made to decrease substantial differences in the population sizes between constituencies.
In his own way, Cornelius Patrick Cacho is a philanthropist. On May 12th 2022 at the young age of 95, he was awarded an honorary doctorate degree from the Florida Gulf Coast University. Along with his wife of 57 years, the late Laura Noguera Cacho, they have contributed time and money to educational institutions in their home community in Florida. Since establishing the scholarship fund at the Florida Gulf Coast University, some 44 students have been assisted and 23 have graduated.
There are two indigenous peoples in Belize namely the Garifuna and the Maya, However, only the Maya are widely promoted as such. The Garifuna people are biologically and culturally indigenous to the Circum-Caribbean sub-region, where Belize is located. Their biological and cultural origins come from the Arawak and Carib peoples, and an intermixture with Africans which took place in the Eastern Caribbean island of St. Vincent.
Legalizing Political financing and Political Parties--Whereforth Belize?
In Belize, Political parties are necessary organizations to source leaders for the ballot paper. However, to date, there are no laws to govern political parties that are tasked with such important pursuits as leadership of governance in a country of people. Political parties are not perceived as NGOs or businesses or partnerships, but they exist. Election financing to maintain a political party between elections, to contest elections and successfully bring a political party into power has become extremely exorbitant. However, a political party cannot finance itself through membership subscriptions, so where does the financing come from?
Garifuna Journey: Acknowledging contributions of TeachersMyrtle Palacio
The paper brings attention to the past sacrifices of teachers as leaders in highlighting a poem written by Mr. Alfonso Cayetano entitled “A Tribute to Garifuna Teachers”. The following are excerpts from the poem. “Wherever a Union Jack Flag was erected in British Honduras, Garifuna teachers went like brave soldiers to establish schools. Garifuna teachers and pioneers enlightened and tilled the fertile minds of our Belizean children. You left your comfortable homes to serve the rural areas of Belize. You and your families lived in substandard housing. You waded in belly deep swamps to get to your teaching post. You were cut off from regular Belizean life to teach in labyrinth areas of Belize. Your family was deprived of medical attention because of the Remote areas of Belize. Your family members were bitten by mosquitoes, horse flies, scorpions, rats, bats and poisonous snakes. Your wives and children became sick and mentally ill..."
International Election Observer Mission Effect--Belize 2008 Parliamentary Ele...Myrtle Palacio
As the 2008 parliamentary election day drew closer, Belize was undergoing something of a crisis, whereby anything goes in the Media. It resembled more a feeding frenzy, and prompted one to question the role elections play in the consolidation of democracy. In the midst of all this the Government of Belize undertook the bold step to invite International Election
Observers to the 2008 Election. International election observation has become an important mechanism for ensuring election integrity and enhancing the credibility and legitimacy of elections (ACE, September 2006). While it enjoys almost universal acceptance, international election observation is conducted during an exceedingly sensitive period in the existence of that country and its people, and due to limitations only a snapshot of the political culture is observed (Brahm, Sept. 2004). This was the first election observer mission to Belize and the Commonwealth Secretariat was the Observer
Group so invited. The Commonwealth Team consisting of five persons including two staff persons were deployed on a short term mission, arriving approximately four days prior to Election Day.
Buyei john Mariano--A Tribute To Our BuyeiMyrtle Palacio
Baba John Mariano was a man of many persons:
Baba le Buyei believed that his gift of healing and spirituality is exactly that, a gift bestowed upon him by the Ahari, lidagiyen Juan Buyei le lebu. It became a responsibility which he accepted with much honour and humility.
Baba le Wanaragua was the Abuti as the Keeper of the Wanaragua flame---passed down from Max Garcia, then John Wild, then Baba John as the Banquater. Baba John was passionate about maintaining discipline and dress code---long sleeves and stockings to hide the skin, the mask to remain on the face when outside, no drinking, offensive language, and “vulgar” dancing.
As an educator of the Garifuna culture, Baba John volunteered at several schools to lecture on various aspects of the Garifuna culture, particularity the spirituality. Since his retirement to Dangriga, he was charged with the annual Yurumei for the children of Christ the King Anglican School.
The term Joncunu comes in many other forms, such as, Junkanoo, Jonkonnnu, Jonkanu, Jankunu. The dance is West African in origin deriving from African slaves and is a traditional festival form still practiced in what was the British West Indies—in The Bahamas, Jamaica, St. Kitts & Nevis etc. It is a satirical dance where dancers by the attire including the mask, mock and ridicule the colonial slave masters dancing to a fast tempo. In the Garifuna language the dance is called Wanaragua.
Adugurahani or Dugu is a cultural religious identified with the Garifuna of Belize. It is the most symbolic and sacred ceremony in Garifuna spirituality.
Early History of Methodism in Stann Creek, Belize Myrtle Palacio
The Methodist Church first started in Stann Cree Town, Belize in Early 1800s. Garifuna leaders played a major role in the development of the Church as teachers and preachers. Several of the ministers in the Methodist Church in the Caribbean and the Americas are form Stann Creek Town now called Dangriga.
Belize City Council Election Results 1962 to 2003, By I.Myrtle PalacioMyrtle Palacio
Official Results of the Belize City Council Elections in the country of Belize. First published by researcher I.Myrtle Palacio in her publication "Electoral Politics BELIZE: the Naked Truth" in June 2011
Redefining Ethnicity in Post-independent Belize: the case of the Garifuna an...Myrtle Palacio
Ethnic definitions and identity based on the colonial school of thought remain the main component for identification in post-independent Belize, notwithstanding the prevalence of interethnic marriages resulting in offsprings, partly due to increased geographical mobility.
This study singled out two elements in ethnic re-definition, the Garifuna and Creole, in Belize City. As two black peoples their offsprings share the same basic phenotypes. As a result, physical differences are not distinctly visible relative to other groups, to objectively define ethnic identity. This paper examines the self-identity and ethnic affiliations of these offsprings, which do not fit into the existing antiquated ethnic definitions.
This study utilized the qualitative research method to allow for extensive face-to-face assessment using open-ended inquiry. It also applied the social constructivist/interpretivist theory in narrative analysis to elicit from respondents the stories of their lives as they perceived them. Identifying as both Garifuna and Creole, I applied the Feminist Standpoint theory and the theory of Indigenous Anthropology. Both theories support the need to research your own, as the “situated knower” or the insider. This emic perspective as embraced by the study, may be a novel undertaking in the literature on ethnicity in Belize.
Preliminary Statement of OAS on Belize's 2012 ElectionMyrtle Palacio
The OAS was invited by the GoB to observe the 2012 Elections. This is the preliminary Report which they presented to the Press on Thursday March 8, 2012. It is damning of the Election activities of the governing party--reference the sections in Bold. The PUP under Francis Fonseca in a Short time gained enough traction to increase their number of seats from 6 to 14 and the UDP under Dean Barrow lost 9 seats when that part went from 25 to 17. It was an extremely close election 14 to 17 seats with 4 seats have narrow margins. The PUP as a party has not conceded as they are mounting challenges in several divisions.
Address by PUP Party Leader Hon Francis Fonseca at the PUP Endorsement Conven...Myrtle Palacio
New PUP Party Leader Hon Francis Fonseca was endorsed on Saturday October 29, 2011. Tthis contains his presentation to the Party in his acceptance speech.
Eighth Amendment Bill to the Belize Constitution: Formerly the Ninth Amendm...Myrtle Palacio
The controversial Bill goes to the House in less than 24 hours for approval on October 24, 2011. It has been rename the Eight Amendment Bill and critis claim that it still contains some "Offensive" Sections---Sopme notes and a copy of the Bill.
Embracing GenAI - A Strategic ImperativePeter Windle
Artificial Intelligence (AI) technologies such as Generative AI, Image Generators and Large Language Models have had a dramatic impact on teaching, learning and assessment over the past 18 months. The most immediate threat AI posed was to Academic Integrity with Higher Education Institutes (HEIs) focusing their efforts on combating the use of GenAI in assessment. Guidelines were developed for staff and students, policies put in place too. Innovative educators have forged paths in the use of Generative AI for teaching, learning and assessments leading to pockets of transformation springing up across HEIs, often with little or no top-down guidance, support or direction.
This Gasta posits a strategic approach to integrating AI into HEIs to prepare staff, students and the curriculum for an evolving world and workplace. We will highlight the advantages of working with these technologies beyond the realm of teaching, learning and assessment by considering prompt engineering skills, industry impact, curriculum changes, and the need for staff upskilling. In contrast, not engaging strategically with Generative AI poses risks, including falling behind peers, missed opportunities and failing to ensure our graduates remain employable. The rapid evolution of AI technologies necessitates a proactive and strategic approach if we are to remain relevant.
Francesca Gottschalk - How can education support child empowerment.pptxEduSkills OECD
Francesca Gottschalk from the OECD’s Centre for Educational Research and Innovation presents at the Ask an Expert Webinar: How can education support child empowerment?
Unit 8 - Information and Communication Technology (Paper I).pdfThiyagu K
This slides describes the basic concepts of ICT, basics of Email, Emerging Technology and Digital Initiatives in Education. This presentations aligns with the UGC Paper I syllabus.
2024.06.01 Introducing a competency framework for languag learning materials ...Sandy Millin
http://sandymillin.wordpress.com/iateflwebinar2024
Published classroom materials form the basis of syllabuses, drive teacher professional development, and have a potentially huge influence on learners, teachers and education systems. All teachers also create their own materials, whether a few sentences on a blackboard, a highly-structured fully-realised online course, or anything in between. Despite this, the knowledge and skills needed to create effective language learning materials are rarely part of teacher training, and are mostly learnt by trial and error.
Knowledge and skills frameworks, generally called competency frameworks, for ELT teachers, trainers and managers have existed for a few years now. However, until I created one for my MA dissertation, there wasn’t one drawing together what we need to know and do to be able to effectively produce language learning materials.
This webinar will introduce you to my framework, highlighting the key competencies I identified from my research. It will also show how anybody involved in language teaching (any language, not just English!), teacher training, managing schools or developing language learning materials can benefit from using the framework.
Model Attribute Check Company Auto PropertyCeline George
In Odoo, the multi-company feature allows you to manage multiple companies within a single Odoo database instance. Each company can have its own configurations while still sharing common resources such as products, customers, and suppliers.
Biological screening of herbal drugs: Introduction and Need for
Phyto-Pharmacological Screening, New Strategies for evaluating
Natural Products, In vitro evaluation techniques for Antioxidants, Antimicrobial and Anticancer drugs. In vivo evaluation techniques
for Anti-inflammatory, Antiulcer, Anticancer, Wound healing, Antidiabetic, Hepatoprotective, Cardio protective, Diuretics and
Antifertility, Toxicity studies as per OECD guidelines
Operation “Blue Star” is the only event in the history of Independent India where the state went into war with its own people. Even after about 40 years it is not clear if it was culmination of states anger over people of the region, a political game of power or start of dictatorial chapter in the democratic setup.
The people of Punjab felt alienated from main stream due to denial of their just demands during a long democratic struggle since independence. As it happen all over the word, it led to militant struggle with great loss of lives of military, police and civilian personnel. Killing of Indira Gandhi and massacre of innocent Sikhs in Delhi and other India cities was also associated with this movement.
A Strategic Approach: GenAI in EducationPeter Windle
Artificial Intelligence (AI) technologies such as Generative AI, Image Generators and Large Language Models have had a dramatic impact on teaching, learning and assessment over the past 18 months. The most immediate threat AI posed was to Academic Integrity with Higher Education Institutes (HEIs) focusing their efforts on combating the use of GenAI in assessment. Guidelines were developed for staff and students, policies put in place too. Innovative educators have forged paths in the use of Generative AI for teaching, learning and assessments leading to pockets of transformation springing up across HEIs, often with little or no top-down guidance, support or direction.
This Gasta posits a strategic approach to integrating AI into HEIs to prepare staff, students and the curriculum for an evolving world and workplace. We will highlight the advantages of working with these technologies beyond the realm of teaching, learning and assessment by considering prompt engineering skills, industry impact, curriculum changes, and the need for staff upskilling. In contrast, not engaging strategically with Generative AI poses risks, including falling behind peers, missed opportunities and failing to ensure our graduates remain employable. The rapid evolution of AI technologies necessitates a proactive and strategic approach if we are to remain relevant.
June 3, 2024 Anti-Semitism Letter Sent to MIT President Kornbluth and MIT Cor...Levi Shapiro
Letter from the Congress of the United States regarding Anti-Semitism sent June 3rd to MIT President Sally Kornbluth, MIT Corp Chair, Mark Gorenberg
Dear Dr. Kornbluth and Mr. Gorenberg,
The US House of Representatives is deeply concerned by ongoing and pervasive acts of antisemitic
harassment and intimidation at the Massachusetts Institute of Technology (MIT). Failing to act decisively to ensure a safe learning environment for all students would be a grave dereliction of your responsibilities as President of MIT and Chair of the MIT Corporation.
This Congress will not stand idly by and allow an environment hostile to Jewish students to persist. The House believes that your institution is in violation of Title VI of the Civil Rights Act, and the inability or
unwillingness to rectify this violation through action requires accountability.
Postsecondary education is a unique opportunity for students to learn and have their ideas and beliefs challenged. However, universities receiving hundreds of millions of federal funds annually have denied
students that opportunity and have been hijacked to become venues for the promotion of terrorism, antisemitic harassment and intimidation, unlawful encampments, and in some cases, assaults and riots.
The House of Representatives will not countenance the use of federal funds to indoctrinate students into hateful, antisemitic, anti-American supporters of terrorism. Investigations into campus antisemitism by the Committee on Education and the Workforce and the Committee on Ways and Means have been expanded into a Congress-wide probe across all relevant jurisdictions to address this national crisis. The undersigned Committees will conduct oversight into the use of federal funds at MIT and its learning environment under authorities granted to each Committee.
• The Committee on Education and the Workforce has been investigating your institution since December 7, 2023. The Committee has broad jurisdiction over postsecondary education, including its compliance with Title VI of the Civil Rights Act, campus safety concerns over disruptions to the learning environment, and the awarding of federal student aid under the Higher Education Act.
• The Committee on Oversight and Accountability is investigating the sources of funding and other support flowing to groups espousing pro-Hamas propaganda and engaged in antisemitic harassment and intimidation of students. The Committee on Oversight and Accountability is the principal oversight committee of the US House of Representatives and has broad authority to investigate “any matter” at “any time” under House Rule X.
• The Committee on Ways and Means has been investigating several universities since November 15, 2023, when the Committee held a hearing entitled From Ivory Towers to Dark Corners: Investigating the Nexus Between Antisemitism, Tax-Exempt Universities, and Terror Financing. The Committee followed the hearing with letters to those institutions on January 10, 202
Read| The latest issue of The Challenger is here! We are thrilled to announce that our school paper has qualified for the NATIONAL SCHOOLS PRESS CONFERENCE (NSPC) 2024. Thank you for your unwavering support and trust. Dive into the stories that made us stand out!
Synthetic Fiber Construction in lab .pptxPavel ( NSTU)
Synthetic fiber production is a fascinating and complex field that blends chemistry, engineering, and environmental science. By understanding these aspects, students can gain a comprehensive view of synthetic fiber production, its impact on society and the environment, and the potential for future innovations. Synthetic fibers play a crucial role in modern society, impacting various aspects of daily life, industry, and the environment. ynthetic fibers are integral to modern life, offering a range of benefits from cost-effectiveness and versatility to innovative applications and performance characteristics. While they pose environmental challenges, ongoing research and development aim to create more sustainable and eco-friendly alternatives. Understanding the importance of synthetic fibers helps in appreciating their role in the economy, industry, and daily life, while also emphasizing the need for sustainable practices and innovation.
Palestine last event orientationfvgnh .pptxRaedMohamed3
An EFL lesson about the current events in Palestine. It is intended to be for intermediate students who wish to increase their listening skills through a short lesson in power point.
2. The Ninth
AUG 22
Written by: Godfrey Smith
Monday, August 22, 2011
If nothing else, the introduction of the Belize Constitution (Ninth
Amendment) Bill 2011 by the Dean Barrow government has, for the first
time since independence, widely prompted people to grapple with the
actual text of their constitution.
Three of the bill's 7 pages seek to ensure that the government keeps at
least 51% majority ownership and control of the recently nationalized
public utility companies in perpetuity. The other three pages is an attempt
to court-proof or judgment-proof the nationalization of the public utilities
as well as all future constitutional amendments.
The emerging public consensus is that people are happy to entrench
majority state ownership of the nationalized utility companies in their
constitution; but they are unhappy with blocking the court's power to audit
the constitutionality of bills that amend the constitution. They say the
government could have entrenched majority state ownership of the utilities
and stopped there without going on to include that mother of all ouster
clauses.
There is an inherent contradiction in the emerging public consensus.
People can't say that the courts should have the power to scrutinize every
kind of bill enacted by parliament to ensure their constitutionality and, in
the same breath, say that it's okay to entrench majority state ownership of
the utilities in the constitution.
The courts have not finally decided whether the utility companies were
lawfully nationalized. According to the emerging consensus, that right
must not be taken away. How then does one move on to say that it's okay
to entrench (for all time) state ownership of other people's property which
a court may well decide in the coming months does not in fact belong to
the state.
3. In other words, there is cognitive tension in encouraging a government to
legislate that it can keep a majority ownership of property whose
ownership has not yet been finally decided, and, at the same time,
maintaining that the courts should not be shut out from determining such
issues.
The inconsistency can only be rationalized by interpreting the consensus to
mean that people desire that public utilities belong to the state in
perpetuity provided it's lawfully nationalized and that the courts have their
say. Otherwise, the consensus view, under the weight of its own
contradiction, collapses upon itself.
No legal arguments need be deployed to arrive at a reasoned and coherent
position on whether to oppose or support the 9th amendment. The
government says that once it has a three-quarters majority in the House of
Representatives it can amend the constitution in any way and no court can
question that. The very constitution, they say, makes this so.
The Bar Association says that that view takes too literal an approach to
reading the constitution. They say it is the courts that decisively interpret
what a constitution is saying and that Belize Courts have already decided
that, notwithstanding a supermajority, the House can't change anything it
likes in a constitution.
Mr. Barrow has said that former Chief Justice Conteh got it "quite wrong"
when he ruled that there were some things in the constitution that the
House couldn't amend. Mr. Barrow says that the 9th Amendment merely
"clarifies" what the constitution already says.
There isn't much point in the citizenry debating whether a super-majority in
the House can amend the constitution in any way it likes without the court
being able to audit it, because even constitutional lawyers are split on the
issue. Only the CCJ can - and will - ultimately decide what the true
interpretation of the constitution is.
Already, though, one judge of the CCJ has expressed a preliminary view
that even with a parliamentary supermajority the House couldn't pass a
constitutional amendment reintroducing slavery, for example. Such a
4. constitutional amendment, he said, would itself be unconstitutional.
What the citizenry should attempt to collectively decide is whether a
supermajority of politicians in the House should have that kind of power -
regardless of what the constitution currently says or how it is interpreted.
The opening words of the Belize Constitution states: "Whereas the People
of Belize..." It then goes on to set out several paragraphs of principles,
beliefs and needs which the people believe would make for a good society
and which the constitution should give effect to. Then the actual provisions
of the constitution are set out to give effect to those principles.
If the constitution exists to give fundamental legal expression and
protection to a set of principles, beliefs and needs upon which people want
their society to be ordered and which reflect their core values, it follows
that they should have a say on any fundamental changes to it.
A government that did not include a substantive constitutional amendment
as part of its election manifesto commitments cannot legitimately claim to
have a mandate from the people to make such an amendment unless it
holds a referendum.
I would think that for Belizeans to agree that their politicians who have a
three-quarters majority in the House should have the power to amend
anything in the constitution without court audit, they must feel confident
that those politicians would not abuse that power or that there are other
checks and balances in the society to prevent such abuse.
By the very act of introducing the 9th amendment Mr. Barrow has
demonstrated why his supermajority cannot be trusted to not abuse their
power. Minister John Saldivar, one of the parliamentary supermajority,
freely admitted the true purpose for the 9th. During nationwide public
consultations on the bill, he said that the (controversial) sections of the 9th
were intended to put the utilities "beyond the reach of Michael Ashcroft."
The 9th amendment, as it turns out, is nothing more than an ad hominem
amendment designed to derail an ongoing court case that is going badly
for the government. A government should never manipulate the provisions
5. of a constitution to circumvent the courts because it wants to target and
defeat an individual, even if he is a white foreigner. Any government
capable of doing that is capable of similarly using the constitution against
local opponents after it's finished with its foreign ones.
A government that cannot be trusted to honor Court of Appeal declarations
that its actions are unconstitutional can hardly be trusted with carte
blanche power to amend the constitution, especially when one of its first
amendments is to nullify a court decision and then shut out the courts.
The government's pattern of behavior of publicly attacking and vilifying in
the media reputable citizens of integrity who disagree with its actions
dashes any hope that it is a government that can be trusted to wield
unchecked powers responsibly and impartially. Do people really need any
further evidence that their politicians are not yet ready to be vested with
such expansive powers?
People should avoid the technical arguments of the debate and address the
core issue: Has the majority in the House of Representatives shown
sufficient political maturity and tolerance to be trusted with that kind of
power?
6. Churches Drink from PM’s Poisoned Chalice
AUG 24
Written by: Godfrey Smith
Wednesday, August 24, 2011
The devil, as the Churches should know, lurks treacherously in the details.
Canon LeRoy Flowers' statement on the Open Your Eyes television
breakfast show that Prime Minister Barrow had met the Churches "more
than half way" in addressing their concerns about his proposed 9th
Amendment to the Belize Constitution simply cannot be supported by the
facts.
On July 22nd 2011 Mr. Barrow's government introduced the 9th
Amendment in the House of Representatives triggering an avalanche of
opposition to the idea that a parliamentary supermajority could amend
anything in the constitution without court audit.
Hard on the heels of the Bar Association and the Chamber of Commerce's
press releases expressing opposition to the 9th Amendment came the
Belize Council of Churches' press release on August 8th 2011 under the
hand of its president, Canon Flowers.
The Churches were "most concerned" about the "conferral of unbridled
legislative power to change the constitution". First, they said that the
constitution "properly imposes substantive limitations on the power of the
National Assembly to make laws" and that any amendment inconsistent
with the fundamental principles of the constitution was "beyond the law
making authority of the National Assembly".
Second, they felt it "critical that [the courts] be able to examine the
content of amendments to our constitution and not be limited to merely
checking to see that the procedural requirements for changing the
constitution ... have been met."
Thirdly, while they supported that state ownership and control of public
utilities be entrenched in the constitution, they didn't agree with barring
the court's power to inquire into the "validity of the acquisitions nor any
7. derogation of the rights of the former owners". They ended by calling on
the government to "secure the public utilities for the Belizean people in a
manner which respects the rights of the former owners..."
The Churches should know that even after Mr. Barrow's trimmings, their
three points of concern remain - unadulterated - in the proposed revised
bill. The bill will still contain the phrase "and there is no other limitation,
whether substantive or procedural, on the power of the National Assembly
to alter this Constitution" thereby leaving the Churches' first and second
concerns utterly unaddressed and undiminished.
Second, leaving the phrase "that the acquisition of [BTL] was duly carried
out for a public purpose..." in the revised bill again fails to address the
concern raised by the Churches in their third point.
If they think carefully enough about it, the Churches might see that the
mere introduction of the 9th amendment flies in the face of their injunction
to government that it secures the utilities for the people "in a manner
which respects the rights of the former owners". The former owners have
cases pending in court the outcome of which the government is trying to
interfere with by legislative enactment.
The Churches have fallen short in their responsibility to the public. Of their
own volition, they (rightly) waded into the debate on a critical national
issue. They publicly expressed three reasoned points of fundamental
concern they had with the 9th Amendment. After a meeting with Mr.
Barrow, the Churches announced they were now in support of the bill with
certain agreed changes. There are changes indeed; but they do not at all
mitigate the core concerns of the Churches.
The Churches have an obligation to explain themselves. Is it that they no
longer have the concerns they expressed in their August 8th 2011 press
release? If yes, then they need to share their new enlightenment with the
public. It takes but a brief examination to see that Mr. Barrow's
concessions do not at all allay their core concerns. So why did they agree
to a trimming of the foliage while the poisonous roots remain?
A Biblical analogy might perhaps make the point. Suppose a clever
8. Caribbean theologian proposes to Pope Benedict at the Vatican or
Archbishop Williams at Lambeth Palace that the following amendment be
made to the 9th Commandment just to clarify what must be its obvious
interpretation:
Thou shalt not covet thy neighbor's wife, save and except if
she is only a common law wife which in any event the
Church does not recognize or if thy neighbor is a woman
married to another woman under Same Sex Marriage Acts
or if thy neighbor is an Atheist and thus can't properly be
considered thy neighbor or any such similar circumstance
whatsoever or howsoever arising which makes it plain that
thy neighbor's wife should not actually be considered thy
neighbor's wife.
A wide swath of Caribbean people would support the amendment; an
equally substantial portion wouldn't. In an attempt to placate those
opposed, the theologian deletes from his proposed amendment the text
that appears in red:
Thou shalt not covet thy neighbor's wife, save and except if
she is only a common law wife which in any event the
Church does not recognize or if thy neighbor is a woman
married to another woman under Same Sex Marriage Acts
or if thy neighbor is an Atheist and thus can't properly be
considered thy neighbor or any such similar circumstance
whatsoever howsoever arising which makes it plain that thy
neighbor's wife should not be considered thy neighbor's
wife.
I suspect this would still be unacceptable to both the pope and the
archbishop, regardless of how compelling and obvious the argument might
be, because one does not lightly tinker with sacred texts and prescriptions.
I cannot join in the heaping of encomiums upon the Church for their
9. supposed achievement in getting the PM to trim the text of the 9th
amendment because my frank belief is that they were duped and
outmaneuvered by the PM using a simple lawyer's trick.
I fear the Canon dost protest too much when he plaintively repeats that
that they are not lawyers and that we have to trust the PM. Does not the
Good Book counsel that trust should be placed in God, not man? The
Churches should never have entered the negotiation with the PM unarmed.
They should have taken their legal advisor. Unless of course they felt that
in God they had the supreme advisor; in which case, He failed them
miserably.