Question
Bluefield has a constitution similar to that of an independent Commonwealth Caribbean state with a ceremonial Head of State. Section 85 of the Constitution provides
Bluefield has a constitution similar to that of an independent Commonwealth Caribbean state with a ceremonial Head of State.
Section 85 of the Constitution provides as follows: The members of the Judicial and Legal Services Commission shall be appointed by the Head of State after consultation with Prime Minister and Leader of the Opposition.
Subsection 4 of Section 34 of the Constitution to the following effect: Whereby this Constitution the Head of State is required to act in accordance with the advice of or after consultation with, any person or authority, the question whether he has in any case so acted shall not be enquired into in any court.
A gazette notice announced the appointment of Mr. Green as a member of Judicial and Legal Services Commission of Bluefield 'after consultation with the Prime minister and Leader of the Opposition."
The Prime Minister now says that he was not consulted by the Head of State.
Meanwhile Mr. Green is appointed by the Judicial and Legal Services Commission to investigate allegations of indiscipline against Mr. Lino, a member of the Judicial and Legal services. Mr. Green recommends Mr. Lino's dismissal from the legal service and the Judicial and Legal Services Commission adopts the recommendation without debate.
Advise the parties.
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