1. Have the Emergency Ordinances been revoked? No.
Revocation does not take effect just by reciting a magic chant. It is a legislative act that requires legal rules to be followed.
Full article here: amerbon.com/blawg/have-the…
Revocation does not take effect just by reciting a magic chant. It is a legislative act that requires legal rules to be followed.
Full article here: amerbon.com/blawg/have-the…
2. Section 65 of the Interpretation Act 1948/67 (IA) applies to any written law before 18 May 1967 and to subsidiary legislation made under such written law. Written law includes the Federal Constitution.
3. Section 66 of the IA defines “subsidiary legislation” to include a proclamation, rule, regulation, order, notification, by-law or other instrument made under any Act of Parliament, Ordinance, Enactment, or other lawful authority, and having legislative effect.
4. Under Article 160(1), read with the Eleventh Schedule of the Constitution, the authority to revoke the ordinances is the same authority that made them: the YDPA.
5. Further, concerning subsidiary legislation, section 86(1) of the IA states that it must be published in the Gazette and shall take effect and come into operation as law on the date of such publication.
6. So, have the Emergency Ordinances been revoked?
First, there is no evidence that the YDPA has revoked the Ordinances. The YDPA must act on the advice of the Cabinet, and he must have been presented with the revocation to agree with it. The Cabinet cannot bypass YDPA.
First, there is no evidence that the YDPA has revoked the Ordinances. The YDPA must act on the advice of the Cabinet, and he must have been presented with the revocation to agree with it. The Cabinet cannot bypass YDPA.
7. Second, there has been no publication of the purported revocation in the Gazette.
For these reasons, the Emergency Ordinances have not been revoked and are still in force.
For these reasons, the Emergency Ordinances have not been revoked and are still in force.
8. The next question then is, can the Emergency Ordinances be revoked now, given that Parliament is sitting?
I do not think so.
I do not think so.
9. It is implicit in Article 150(3) that once Parliament sits, the Proclamation of Emergency and the ordinances made thereunder must be laid before the House for a vote. The government does not have the discretion to do otherwise.
10. Any revocation must be done before Parliament sits. Once Parliament is in session and no revocation had taken place, only Parliament can annul the ordinances. Otherwise, the words “if not sooner revoked” becomes obsolete.
11. These seemingly technical distinctions carry significant political ramifications.
There is a high likelihood that Parliament will vote down the Emergency — a damning indictment on the Prime Minister and the government regarding their conduct thus far.
There is a high likelihood that Parliament will vote down the Emergency — a damning indictment on the Prime Minister and the government regarding their conduct thus far.
12. Losing the emergency test in Parliament is akin to losing a confidence vote. By convention, the Prime Minister will then have to resign.
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