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Paulwell, Phillip and Peter Bunting v The Attorney General of Jamaica

Case Number: 
SU 2023 CV 02499
Neutral Citation: 
2024] JMFC Full 03
Date of Delivery: 

Constitutional Law - Constitutional Amendment to increase retirement age of the Director of Public Prosecutions – Whether the impugned Act is inconsistent with the supremacy clause and void – Whether the impugned Act amended the Constitution – Whether section 2 of the impugned Act may be struck down on the grounds of improper purpose as unconstitutional– Whether the impugned Act may be struck down for contravening the principle of separation of powers – Whether section 2 of the impugned Act has the effect of circumventing the constitutionally mandated process for the extension of the term in office of a Director of Public Prosecutions - Whether the impugned Act applies to the incumbent Director of Public Prosecutions – Whether Parliamentary proceedings can be enquired into by a Court – Whether Speaker of the House of Representatives shall grant leave before evidence of proceedings in Parliament can be given in evidence
Constitution of Jamaica (Order in Council), 1962, sections 1, 2, 32, 48, 49, 79, 94, 96, 125
The Constitution (Amendment of Sections 96(1) and 121(1)) Act, 2023
Senate and House of Representatives (Powers and Privileges) Act, section 11


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