Williams, Arthur v Holness, Andrew

Case Number: 
2012HCV06428
Neutral Citation: 
[2015] JMFC Full. 1
Date of Delivery: 
06.02.2015

Constitutional law - Parliament - The Senate - Appointment of Senator - Resignation of Senator - Removal of Senator - Pre-Signed and undated letters of resignation and authorization given to leader of opposition by Sanator at time of appointment  to use letters at his sole discretion to effect resignation of Senator –  Senator refusing to resign - Use of the letters by the leader of oppositon to effect resignation of the Senator – Whether authority to use letters revoked - Whether letters unconstitutional - Whether the request for and use of the letters by the leader of the opposition unconstitutional - Whether fundamental human rights of Senator infringed by leader of the opposition - The Jamaican (Constitution) Order in Council 1962, SS. 13, 19, 35, 41, 44 (1) & 137 – The Civil Procedure Rules 2002 (“The CPR”), Rule 56.9(1), (2), (3).

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