The government says it will be appealing Friday's Supreme Court ruling that the multiple and extended use of States of Public Emergency - commonly referred to as SOEs - as a routine crime-fighting tool is a violation of the Constitution's extraordinary emergency powers.
The People's National Party says the landmark ruling is a resounding victory for the Constitution, the rule of law, and for the people of Jamaica.
The court found that the SOEs declared on 15 separate dates, including January 2018, March 2018, April 2019, June 2020, and as recently as February 2023, were not made for a constitutionally valid purpose, were not demonstrably justified in a free and democratic society, and were inconsistent with the Jamaican Constitution.
The court also ruled that three so-called rolling proclamations made by the Governor-General in November and December 2022, amounted to a breach of the separation of powers, as they effectively bypassed Parliament's role in extending emergency powers beyond the constitutionally permitted 14 days. The declarations mean the challenged SOEs were void and unconstitutional.
In response Friday afternoon, the government said the Attorney General's chambers is undertaking a thorough review of the legal and constitutional implications of the court's decision in preparation for its appeal.
Attorney General Dr. Derrick McCoy says, as it was satisfied with the conduct of the Parliament, the government, and the Governor-General in declaring these states of emergency, the government will now give serious consideration to this judgment as it appeals the decision.
The government says it remains committed to the fight against crime and maintaining public safety while respecting the rule of law.
The case against the government was brought by the People's National Party's General Secretary, Dr. Dayton Campbell.
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