In his submission in the ongoing elections petition case being heard by Chief Justice Roxane George, Attorney General Anil Nandlall has defended the constitutionality of Section 22 of the Elections Laws Amendment Act (ELAA), which was used by the Guyana Elections Commission (GECOM) to create the order for the recount of votes from last year’s general and regional elections.
In the 22-page response to submission made on behalf of petitioners Monica Thomas and Brennan Nurse, Nandlall says Guyana’s constitution does not grant the legislature the exclusive right to make laws.
“It is imperative to note that the framers of the Constitution deliberately did not use the adjective ‘exclusive’ in Article 65, in describing Parliament’s legislative functions. Whenever, the framers of the Constitution intend to confer an exclusive power in the Constitution, they expressly say so…it is clear, therefore, that Parliament does not enjoy exclusivity in law making,” he argues.
