Petition updateKeep Marriage Definition in the Cayman Islands to remain between one man and one womanALL MLAs IN UNISON: CHIEF JUSTICE HAS NO LEGISLATIVE POWER TO DRAFT OR AMEND LAWS
Cayman Islands People-Intitiated Referendums
Apr 4, 2019

Hon. Julianna O’Connor-Connolly stated yesterday:

“In the construction of a statute, the duty of the court is limited to interpreting the words used by the legislature.  That’s us in this Honourable House.

 

And it has no power to fill in any gaps disclosed.  To do so would usurp the function of the legislature.

 

It appears to me to be a naked usurpation of the legislative function under the thin guise of interpretation.

 

The duty of the court is to interpret the words.  And up until last Friday that’s what our judiciary has done.

 

Look at the words the legislature used.  Those words may be ambiguous but, Mr. Speaker, even if they are, the power and duty of the court to travel outside them on a voyage of discovery are strictly limited.

 

If a gap is disclosed, the remedy lies in amending the legislation, not in writing and drafting the legislation at the judiciary level and enacting it or purporting to enact it under the thin guise that they are interpreting.

 

How is it that the ruling by the Chief Justice has become law?  Has an amendment been drafted to the Marriage Law? 

 

If so, by whom and by what mandate?

 

If it has not been drafted, how does it take immediate effect?

 

And if it has been drafted, will the Chief Justice take it upon him to draft the regulations to ensure that the two amendments he made are implemented?

 

And what is the commencement date?

 

The Chief Justice arrogated himself legislative power.

 

Under Section 59 of the Constitution, it is as I said and it bears repeating: only this legislature, the Queen, the Governor and the Legislative Assembly that has the power to make legislation.”

 

PLEASE SIGN THE PETITION AND CONTACT YOUR PASTOR TO CONTINUE TO SHARE THE PETITION.  WE ARE ALMOST AT THE AMOUNT REQUIRED TO PUT THIS TO A NATIONAL VOTE AND RESOLVE THIS MATTER ONCE AND FOR ALL.

 

THANKS FOR SIGNING THE PETITION AND STANDING UP FOR YOUR RIGHTS!

 

Copy link
WhatsApp
Facebook
Nextdoor
Email
X