Dear Editor,
The need for clarification and explanation of the current stalemate and confusion of the passage of the no confidence motion against the PM and cabinet can be resolved as follows:
The party hopping provision of section 105 B(a) of the Electoral Amendment Act 2007, created by a simpleton PM to provide him with a bulletproof protection is totally unconstitutional for the following reasons:
Article 64(1) (d) of the constitution headed Freedom of thought, conscience and religion.
Article 64(1)(e) _ freedom of speech and expression
Article 64(1) (f) freedom of assembly and association.
Article 65(2) & (3) - Every enactment (Act of Parliament) is deemed remedial for the public good.
The ill-conceived party hopping law totally disregarded the possibilities of misconduct, tyrannical, oppressive and inhuman behaviour on the part of the party leader, because it was confined to the interests of the leader and for the punishment of those MPs who go against the leader.
Any Act of Parliament that impedes and threatens the rights of MPs to act and speak freely in Parliament is ultra vires (against) of the constitution.
What the Clerk and the Speaker must do now without delay is to file an application for a Declaratory Order under the Declaratory Judgments Act 1994. For the High Court or the Court of Appeal to declare a finding that the Electoral Amendment Act 1970 is null and void for the reason that it is totally contrary to the provisions of the Cook Islands Constitution.
If they do nothing, are they willing to declare the seats of the CIP MPs vacant, who vote against PM Brown, knowing that the Act is deficient?
I am sure the Crown Law will be able to act as this is a matter of grave public interest.
On the question of the Standing Order (S.O) 219 giving unchallenged priority on the order of debates, I respectfully care to differ with the Clerk, I submit that any S.O. Can be set aside by a motion from the floor moved, seconded and passed by a majority of MPs present in the House.
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