Amid Chief Justice Ian Chang’s ruling that cuts made to the 2012 budget by the majority opposition in the House were illegal, Parliament Office today said that it would be for the National Assembly to decide the way forward.
Parliament Office however asserted that Justice Chang’s decision is subject to the inherent right of appeal that is reposed in the National Assembly.
The full statement follows:
PARLIAMENT OFFICE PRESS RELEASE: RULING BY HIGH COURT ON RIGHT OF THE
NATIONAL ASSEMBLY TO AMEND BUDGETS
The Ruling of the Hon. Chief Justice, Mr. Ian Chang, C.C.H., S.C., of January 29, 2014, provides an interpretation of the Rules and Standing Orders of the National Assembly relative to their conformity with Constitution of Guyana. Article 171 of the Guyana Constitution is the same as those provisions in the constitutions of all Commonwealth nations as the Standing Orders and Rules of the Parliaments of Commonwealth Nations.
The right of the National Assembly to approve, including the right to amend budgetary estimates, is a long established right. This Ruling by the Hon. Chief Justice is an interpretation that would have far-reaching ripples and effects throughout the Commonwealth parliamentary systems and procedures.
The doctrine of the separation of powers is the foundation of Guyana’s, and all parliamentary democracies, which recognises that the rule of law must be respected and upheld. The principle of comity dictates that the three branches of government – the Executive, the Legislative and the judicial are all separate and equal, and are to respect the rights and authority of each other. To this end, though the decision of the High Court is to be respected, it remains subject to the inherent right of appeal that is reposed in the National Assembly.
The Speaker was made a party to the proceedings in his capacity as a representative of the National Assembly, and as such, it is for the National Assembly to determine and direct the way forward in conformity with Article 171.
