Latest update December 17th, 2024 3:32 AM

Guyana's largest selling daily and New York's most popular weekly

Latest News

Guyanese Court should take a cue from US Supreme Court Ruling on Presidential Immunity

Jul 02, 2024 Letters

Dear Editor,

The US Supreme Court handed down a landmark ruling on July 1st on Presidential or Chief Executive power. The ruling should be studied by Guyanese lawyers and our judicial system in Guyana – High Court, Appeal Court and CCJ as the final court. As in other precedent setting cases, the US Supreme Court re-established itself as the arbiter of all legal disputes involving powers and as the institution that determines powers of the three branches of government (Executive, Legislative, and Judicial).

Leaving out the parties in the case, the US Supreme Court empowers the President – immunes the Chief Executive from prosecution for official acts and denies immunity for unofficial acts. The apex court gave some specifics of what are official acts but largely has left it up to the lower court to decide what is an official and an unofficial act. The litigant, Donald Trump, has been given immunity for many of the charges for which he was indicted and was awaiting trial for alleged criminal misconduct. His indictment has been remanded back to the lower court for correction.

American courts generally rule along ideological lines depending on the President who appointed them. Democratic President appointed judges tend to render ruling that favors Democrats and Republican President appointed judges render ruling that favors the Republicans. The court ruled 6-3 in favour of Trump. All six judges who ruled in Trump’s favour were appointed by Republicans with Trump appointing three of them during his four years in office. The other three judges were appointed by a President who was a Democrat.

The ruling has been far reaching, demonstrating that a court could restrict or expand the powers of a President. The main take away from the ruling is that the court decides on the powers of the Chief Executive. Earlier compositions of the court expanded powers of the Chief Executive while some other earlier rulings restricted the powers of the President. President George Bush Sr., for example, said he had line item veto on budgeting and by extension legislation. The Supreme Court disagreed and denied him that power.

The Chief Executive of Guyana has enormous powers, more powerful than the American President over the sovereign. Some of the powers are contradictory vis-à-vis powers of citizens and local governments. Lawyers should test the court especially on powers that challenge those exercised by the Chief Executive regardless of which party in office. Judges should decide whether the Chief Executive should have such extraordinary powers especially that the people were never given an opportunity to decide on the powers of the President and the central government. Citizens and local governments should seek judicial intervention whenever they feel that their powers have been usurped. The people and local governments (NDCs) should have maximum powers while the government (Chief Executive) should have least powers.

Yours sincerely,

Vishnu Bisram

Similar Articles

The Glenn Lall Show | December, 2nd, 2024

Follow on Tik Tok @Glennlall

 

THE BLUNT OF THE DAY

Sports

Sammy to be appointed as West Indies Senior Men’s Head Coach for all formats

Sammy to be appointed as West Indies Senior Men’s Head Coach for...

Dec 17, 2024

SportsMax – West Indies white ball Head Coach Daren Sammy will also take over the role as head Coach of all West Indies Men’s senior teams as at April 1, 2025, Cricket West Indies (CWI)...
Read More
Bangladesh hold nerve to defend 148 and take 1-0 T20I series lead over West Indies

Bangladesh hold nerve to defend 148 and take 1-0...

Dec 17, 2024

YBG’s Titan Bowl XIII and Tertiary Knockout feature nail-biting encounters on penultimate day

YBG’s Titan Bowl XIII and Tertiary Knockout...

Dec 17, 2024

Chris Dehring appointed Chief Executive Officer of Cricket West Indies

Chris Dehring appointed Chief Executive Officer...

Dec 17, 2024

Dharry’s Pre-World Title Fight Promises to be Best Boxing Event of 2024

Dharry’s Pre-World Title Fight Promises to...

Dec 17, 2024

Blueberry Hill hold defending champions Milerock to 2-2 stalemate, Botafago thrash silver Shattas 7-0 on opening night

Blueberry Hill hold defending champions Milerock...

Dec 17, 2024

Features/Columnists

Publisher’s Note

Freedom of speech is our core value at Kaieteur News. If the letter/e-mail you sent was not published, and you believe that its contents were not libellous, let us know, please contact us by phone or email.

Feel free to send us your comments and/or criticisms.
Contact: 624-6456; 225-8452; 225-8458; 225-8463; 225-8465; 225-8473 or 225-8491.
Or by Email: [email protected] / [email protected]

Weekend Cartoon

Bridge Watch

Demerara Harbour Bridge

> Berbice Bridge […]