Luke Browne has publicly criticized a newly proposed act of parliament that seeks to modify the constitution with less than a week’s notice.
According to Browne, the government is attempting to alter the legal definition of what constitutes a “foreign power or state”. While this legislative tweak might appear straightforward or innocuous to some, Browne argued that it is deeply concerning because it directly impacts an active court case that hinges on that exact definition.
Furthermore, he highlighted that the person bringing this amendment to parliament is likely to be affected by the outcome of that very case.
Browne strongly condemned the government’s attempt to make the legislation retroactive. He explained that while laws can work retroactively, they must always satisfy a minimum standard of fairness.
To support his argument, he cited a legal precedent from Antigua and Barbuda, which established that fairness requires retroactive acts to be brought into force only after a judge has delivered a ruling in an active case.
Calling the government’s actions a clear “abuse of power,” Browne warned that even if the government forces the legislation through using their supermajority, a judge could still make a preliminary ruling that the new act does not apply to the current case.
He described the rushed legislative agenda as a sign of desperation, arguing that these are not the actions of politicians who truly believe the active court case is frivolous or a waste of time.