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No laughing matter

Sunday, July 22, 2012

No laughing matter

Quite frankly, the constitutional provisions pertaining to the so-called constitutional Judicial and Bar Council (JBC) have become so unconstitutional that it can now be called a big constitutional joke.

First off, at least two provisos have been unconstitutionally amended and discarded, with the Supreme Court itself, ruling with a hometown decision, on the Chief Justice being the head of the JBC, with the mandate to convene and preside over the proceedings in the JBC.

The SC says, pulling out an antiquated 1948 Judiciary Act which has everything to do with the mode of succession in the high court and not the JBC, since the JBC came into being in 1987, that it should be the acting CJ who now convenes and presides over the JBC, unless unable to, in which case, the succession order goes down the line where now, even a junior justice can preside over such proceedings.

Second, the proviso stating the composition of the JBC, complete with the officers’ official titles, such as the CJ, not the acting CJ or his “successors,” along with the Justice chief and others, are the designated officials in the JBC body, and are now replaceable, such as the President of the Republic now being allowed to appoint anybody of his choice to represent him in the JBC, as his Secretary of Justice had to inhibit herself as she is also eyeing the position of the top SC post..... MORE

SourceThe Daily Tribune

URL: http://www.tribuneonline.org/index.php/commentary/item/1845-no-laughing-matter

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