Judge rules in favour of CPR, National Trust in referendum judicial review
The status of the people's-initiated referendum remains unclear. Government either needs to amend the current referendum law, pass a new law or appeal Wednesday's judgment. The referendum cannot take place until a new or amended law is in place or an appeal is settled.
Justice Tim Owen has ruled in favour of Cruise Port Referendum Cayman and the National Trust in a judicial review of government’s planned referendum on the proposed $200 million cruise berthing and port facility.
The referendum law has been ruled incompatible with section 70 of the Constitution because it fails to satisfy the need for a general law to govern all referendums, Justice Tim Owen ruled via videolink.
“For reasons of legality and on the basis that such a law will best guarantee the constitutional right to a fair and effective vote in a people-initiated, binding referendum, I find that the Referendum Law 2019 is incompatible with s. 70 of the Constitution because it fails to satisfy the requirement for a general law governing all s.70 referendums and is itself not in accordance with such a law. I will hear further argument on the appropriate relief,” Owen wrote in his ruling.
The referendum law has been ruled incompatible with section 70 of the Constitution because it fails to satisfy the need for a general law to govern all referendums, Justice Tim Owen ruled via videolink.
“For reasons of legality and on the basis that such a law will best guarantee the constitutional right to a fair and effective vote in a people-initiated, binding referendum, I find that the Referendum Law 2019 is incompatible with s. 70 of the Constitution because it fails to satisfy the requirement for a general law governing all s.70 referendums and is itself not in accordance with such a law. I will hear further argument on the appropriate relief,” Owen wrote in his ruling.
