CAN A CONSTITUTION BE CREATED BY CORRUPT ENTITIES?


From: julian rollocks (julianrollocks@hotmail.com)
Sent: Sun 1/27/08 2:03 PM
To: Jeannette Hagen (jeannette_hagen@hotmail.com)
HI SWW
 
IN THE ARTICLES, WHAT WE HAVE TO TRY IS DEAL WITH ONE SUBJECT IN A SIMPIFIED MANNER.
MR.RICHARDSON’S ARTICLE WHILE GOOD “PROSA” , A BIT COMPLEX FOR THE TARGET GROUP. I HAVE TRIED TO SIMPLIFY IT FOR THE COMMON FOLK.
 
THE CONSTITUTION OF ST.MAARTEN.
IT PROTECTS ALL CITIZENS.
 
THE CONSTITUTION IS THE HIGHEST SET OF LAWS OF ANY COUNTRY, THE LAWS TO WHICH ALL PERSONS MUST ABIDE:GOVERNMENT OFFICIALS AND CITIZENS ALIKE.
THE CONSTITUTION GUARANTEES THE BASIC RIGHTS AND FREEDOMS OF ALL INDIVIDUALS.
IN THE FIRST PLACE THE BASIC HUMAN RIGHTS ARE ESTABLISHED IN, AND PROTECTED BY THIS DOCUMENT. THESE RIGHTS ARE AMONG OTHERS: FREEDOM OF SPEECH, FREEDOM OF THE PRESS,
FREEDOM OF RELIGION, THE RIGHT TO EQUAL TREATMENT, THE PROHIBITION OF DISCRIMINATION, PROHIBITION OF SLAVERY AND FORCED LABOUR, THE PROTECTION OF THE INTEGRITY OF THE HUMAN BODY,THE PROHIBITION OF TORTURE,THE RIGHT TO VOTE, THE FREEDOM OF RELIGION AND CONSCIENCE, THE CONFIDENTIALITY OF MAIL ETC, ETC.
DUE TO THE FACT THAT MOST BASIC HUMAN RIGHTS ARE ALSO PROTECTED BY INTERNATIONAL TREATIES(AGREEMENTS), GOVERNMENTS OF COUNTRIES WITHIN THE KINGDOM MAY NOT MAKE LAWS THAT ARE IN CONFLICT WITH THESE RIGHTS.
 
FURHTER MORE A CONSTITUTION  REGULATES  THE EVERYDAY OPERATION OF GOVERNMENT,
BASIC RULES AND PRINCIPLES OF GOVERNING.
SIMPLY PUT : THE TERM CONSTITUTION REFERS TO A SET OF RULES AND PRINCIPLES BY WHICH A COUNTRY IS GOVERNED.ABOVE ALL THE CONSTITUTION IS DESIGNED TO PROTECT THE INDIVIDUAL.
 
IN OUR CONSTITUTION WE ALSO HAVE WHAT IS CALLED:SEPERATION OF POWERS.
OUR GOVERNMENT WHICH IS RULED BY OUR CONSTITUTION HAS 3 SEPERATE AND INDEPENDENT
BRANCHES:
-1-THE LEGISLATIVE BRANCH,BEING OUR ISLAND COUNCIL WITH 11 ISLANDCOUNCIL MEMBERS  IS
CHARGED WITH MAKING AND CHANGING LAWS.
-2-THE EXECUTIVE BRANCH, OUR EXECUTIVE COUNCIL WITH 5 EXECUTIVE COUNCIL MEMBERS(ALSO CALL COMMISSIONERS OR DEPUTIES), EXECUTES THE LAWS OF THE ISLAND AND IS IN CHARGE OF THE DAY TO DAY RUNNING OF THE ISLAND.
-3-THE JUDICIAL BRANCH, CONSISTS OF(THE ENTIRE COURTSYSTEM) THE JUDGES, PROSECUTORS, THE PRISONSYSTEM,THE POLICE FORCE ETC,
WHO MAINTAIN LAW AND ORDER IN THE COMMUNITY, AND PASSES SENTENCES ON INDIVIDUALS WHO VIOLATE THE LAWS OF THE LAND.
THESE 3 BRANCHES MUST OPERATE INDEPENDENT OF EACH OTHER, AND CAN NOT REPLACE EACH OTHER AT NO TIME ABSOLUTELY.
 
IN ADDITION ITS IMPORTANT TO UNDERSTAND THAT ALL LAWS ON, ST.MAARTEN, ARUBA, NETHERLAND ANTILLES AND  HOLLAND MUST BE IN LINE WITH THE KINGDOM CONSTITUTION.
ANY LAWS PASSED WITHIN THE KINGDOM WHICH CONTRADICT THE CONSTITUTION  CAN BE DECLARED UNCONSTITUTIONAL  BY A HIGH COURT.
 
ITS ESSENTIAL FOR THE INDIVIDUAL TO UNDERSTAND THAT THE CONSTITUTION IS THERE TO PROTECT ALL CITIZENS AGAINST ABUSE AND THE MISUSE OF POWER.
 
NEXT WEEK: ANSWERS IN THE “CONSTITUTION  FOR THE COUNTRY ST.MAARTEN AND THE RULE OF LAW”.
 
BY: DENNIS RICHARDSON , PROJECT DIRECTORY CONSTITUTIONAL RECONSTRUCTION ST.MAARTEN 

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