The Constitution is Supreme

PNGBLOGS Contributor OneCountry responds to critics and makes a point about why the Constitution is supreme,

I want to thank you for your comments and contribution. It shows, like me you have all been thinking seriously about what is going on in our country. You have a right to express your views, and that is a great thing. You express them because we live in a democracy. However, that is now in question and put at issue here. We are entering an uncertain phase in our nations history, an unfamiliar place that does not accord with all notions of democracy as we know. The whole nation has been in turmoil. The opinion leaders have been playing politics with the whole thing. Commentators have been on a feeding frenzy, misleading the whole nation.

Some of you want me to give my name, but you sign off in your pen names. Others of you call me a coward. Still others call me things that are indecent to repeat. Why? Have I rocked your little comfort zones with the truth? Have I offended your politics with the truth? Well you see, truth has no friends. It is an absolute. When it speaks, you either listen or disobey and disregard it to your peril.

I have said what I have said, very plainly, and in plain English. I have not quoted Sections, Divisions, paragraphs or sub paragrapths of this law or that law or constitution, to bamboozle you all. My brothers and my sisters, I put you you that Peter O'Neill, Namah and Nape are not exercising legitimate power of the people. I traced that power forensically through the Constitution, how it is derived and how it should be exercised, and who should exercise it. Peter Donigi has not answered me. Nor has Reagan or Nonggorr. They are Constitutional law experts. I assume they, like Donigi are on holidays and wont comment at all!

For those who say I am a coward, you have no basis to back yourself. In also signing off in your pen name, you also brand yourself as a greater coward. Those who follow this blogsite will know I have never been a coward. My observations about Arthur Somare selling this nation out on the LNG speak for themselves. My commentary on Peter Donigi's so called stand on private ownership of minerals, challenging him and his Constitutional arguments has gone unanswered by Donigi. I have commented on issues of national interest on other issues has led to Inquiries and sackings of corrupt people. That is not the work of a coward, or a person who does not love this nation.

Let me now address this last fortress of fact on which some of you appear to attach any legitimacy to the Oneill/Namah government ( and I have nothing personal against these individual leaders): The argument that Parliament is made up of elected Leaders, so, whatever the Peter O'Neill led government decide must be expressing the will of the people, and therefore correct is a Constitutional fallacy, and trap into which many of our well meaning people have felled into. It is at the centre of confusion under which many of our MPs are also living. The idea that Parliament can do any thing it wants to and is not answerable to anyone is a fallacy- at least Peter Oneill and Belden Namah's own lawyer, Mal Varitimos ( and other lawyers) have had the good sense to acknowledge the fallacy.

Why is it a fallacy?

The answer is very simple. The Constitution gave birth to Parliament- not the other way around. The Constitution set up all the institutions, the judiciary, executive government, and the legislature-which is Parliament. The Constitution sets out the election process by which we elect our MPs to Parliament. Therefore Parliament(consisting of our elected MPs) cannot do whatever it pleases, it must abide by the Constitution.

The Constitution sets out the mandatory process for removal of a Prime Minister for unsound mind. ESPG challenged the Peter O'Neil/Namah/Nape on what it claimed an illegal and unconstitutional usurpation of power.

By the same Constitution mandating the Supreme Court to exercise our ( we the people's) Judicial power, the Court (we the people have spoken) has pronounced the Oneill/Namah government's process & progress to power as illegal. But Oneill is still holding on using numbers on the floor and our money in Finance Department and in our Central Bank  to manipulate the situation, to create confusion. When you surgically follow the mandate of the people it is not with our brother Peter Oneill ( although some of us were tired of the antics of old man Somare and those around him- especially those around him).

We have to look at this without political bi-focals. Constitutionally, we have set a bad precedent in Peter O'Neill refusing to accept the Supreme Courts verdict, and instead go about personally victimizing the Chief Justice., even to extent of spreading lies and rumors about him.

Now that I have explained to you that even Parliament has to comply with the Constitution, you will note that, the proper person to lead Parliament as PM on the floor of Parliament is Somare. That is the ruling of the Supreme Court. That is the exercise of the peoples judicial power.  The people have spoken judicially.

Now whether Somare leads a coalition made up of MPs from both sides of the political spectrum or not is something for him and his advisers to sort out. It would be sensible in my simple street mind. Common sense must prevail, and these stupidity and nonsense by O'Neill/Namah must end. Those in Somare camp must also lay down their claims. Arthur must know he is no prince or heir apparent. He should by now know how to crawl before he can walk, for he does not know or understand this country. If this does not happen, then the GG must be advised to dissolve Parliament immediately. We go to elections and properly mandate a new government.

ps by the way, Peter O'Neill/Namah/Nape etc can be sued for illegal use of funds while masquerading as a legitimate government, when they are not.

All the best for a great new year! Hopefully.

ONECOUNTRY

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