The Tribune

EDITOR, The Tribune.

I must, outrightly, disclose that I myself have neither been informed nor benefitted by a personal read concerning “conduct” and its “code” – as expounded upon, evidently, in 1955 England, the Lord High Chancellor, Viscount Kilmuir, at the time the highest ranking judicial officer in Britain (see The Graduate’s Letter to The Tribune of Monday, August 10th, 2020). I have not had the privilege yet.

However, I suspect that what must be a settled, prevailing course of direction on “conduct” and its “code”, within the given legal context, is caught up in the missionary tenor and tone the letter-writer (Graduate) presents. And that, for me, exemplifies and evidences why the written (native) organic Westminster Constitutional Vision and Architecture (in its global application) has its Privy Council and highest court within The State’s Supreme Court – where Sovereignty, Independence, and Meanings must find the highest protection. Incidentally, conventional wisdom is nothing if not contextual!

Within the peculiar (Covering) Westminster Constitutional State, where base values are of undergirding quality, requiring of us a Response, Justice Dame Joan Sawyer is at home! For “home” means something. Being “home” evokes and influences “conduct” of coherent (not coded) Standard. I know, being the compatriot that I am. So, I find it utmostly insulting and objectionable when “trash talking” is the term used by the Graduate to reference any statements she makes when expressing her views. She has not moved out of her lane in any sense. Moreover, her conduct is tolerably cultural. Bahamians understand her. She is acceptable too.

Quite likely, if I support the political party of the PM or even the PM himself, I would not be in agreement with her. But she is who she is, both locally and professionally. Therefore, for all the right reasons, I am prepared to listen, and respectfully to hear her out.

As for myself, enough has been expounded upon to my satisfaction by luminaries of The Bahamas Bar to substantiate the constitutionality of the PM’s Public Emergency actions under his government’s use of the Emergencies Powers Act, Laws of The Bahamas.

It is of special interest to me, having already expressed in my writing (intellectual property) the considered opinion that legal precedent was established in the Judgment of Nuremberg... meaning, of course, that historic trial of the four German jurists accused of legalising Nazi atrocities during the course of the second World War… that I am prepared to state, furthermore, that the relevant Articles of the Bahamian Constitution (Arts.19-29) touching the matter of Emergency Powers are but a codification of Natural Law which our Sabbat obligations (basic law) comprise.

Notably, also, it is of undoubtable bolstering effect that in any final judgment (of a Civil War!) the faithful-righteous people are called to respond from both sides of the divide (Matt. 25:31-34). These possibilities are within an immense internal expanse, where “the eyes are sound like a lamp”.

Let us consider this Natural Law issue as it compares with what transpires in the 1960 novel by Harper Lee, To Kill a Mockingbird. In its 1962 screen adaptation, when Gregory Peck, portraying the heroic Atticus Finch, accepts his being chosen by compatriots (competent authority) to pull the trigger on that staggering dog making its way down the old, dusty road, it met its true standard (i.e. obedience rather than sacrifice!) as given under Natural Law. That action taken by Atticus was right action; it was both lawful and valid.

So, we are able to see the point which Sabbat makes in Natural Law only if our eyes are open to a world of good and bad, right and wrong, darkness and light. And there is nothing awkward or obnoxious in any of it. Sabbat, as given strategy and responsible carefulness presents, nor causes, difficulty in usage. And evidence shows that Sabbat is not obsolete!

To conclude, it is safe to say that in the visionary Constitutional State, Emergency Orders are of a most basic, fundamental necessity. And it helps if we were to understand such law in the true context.

GLADYS (BROWN) MANUEL

Nassau,

August 29, 2020.