Page 9 - THE RHINO Issue 001

PICTURE CREDITS // NATION
08
The Chief Justice of the High Court in Grenada, invoked the doctrine of civil necessity to validate its existence and jurisdiction to try persons for murder who had conducted a coup against the former President. At the time of the trial, the constitution of Grenada has been suspended, and the court accepted that it was conducting the trial outside the constitution. But the court held that it was still valid and had jurisdiction over the matter on grounds of public necessity.
I must mention, for those who are frightened by the doctrine of civil necessity, a warning issued by Machiavelli against its use. According to Machiavelli, a well-ordered republic should never resort to actions that are outside the constitution. For if a practice is established of disregarding the law for good, the law will also be disregarded for evil. It sets a dan- gerous and destructive precedent.
I hope this warning calms your fears. However, to this warning, I say, it is too late. The precedent has already been set. And its effectiveness has also been proven.
Therefore, when the crisis comes, and it is coming, my prayer is for the Presi- dent to use the doctrine of civil necessity.
Therefore, when the crisis comes, and it is com- ing, my prayer is for the President to use the doctrine of civil necessity.
SEPTEMBER ‘20
ISSUE N. 001