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{
    "id": 502276,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/502276/?format=api",
    "text_counter": 108,
    "type": "other",
    "speaker_name": "",
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    "speaker": null,
    "content": "concerning counties means. They said that a Bill concerning counties is not limited to Part (d) of the fourth schedule of the Constitution. In other words, it is not limited to those specific functions that have been given to the county governments to perform. They went further and quoted an example of national security which is a matter of great concern for us here. We were debating this afternoon and every day we talk about national security. They gave an example of that and said that although national security is a function of the national Government, but it concerns the counties. They went further and said that there are very few Bills that they can think of which do not concern the counties. In matters of legislation, following that opinion it is quite clear that the Senate has a clear mandate on nearly all the Bills that emanate in this country. When they gave that ruling, I was very pleased because as much I have said that if we have Members of the national Government supporting devolution then, at least, that thread goes away. Also if we have a Judiciary that supports devolution, we are further protected. In the United States of America (USA), at the very beginning the threat to the States was very real. It took the Supreme Court, at that time the Chief Justice was Marshall, in about 15 decisions to State out clearly the role of the States within the American system, to state out clearly that the states are protected. It is because of that leading role of the Supreme Court in the USA that America is what it is today. Therefore, this ruling by the Supreme Court gave me a lot of hope that, at least, our Supreme Court or the judicial system should have that legacy, just like the Supreme Court of the United States of America (USA) to have protected devolution in this country. Mr. Speaker, Sir, it pains me that after the advisory opinion people were saying that it was just a mere advisory opinion and, therefore, it does not bind us. It also pains me that after that advisory opinion we still continue to behave as if the advisory opinion of the Supreme Court is not valid. We have specific provisions which say that the Supreme Court can give an advisory opinion. The clear purpose of that is that, that advisory opinion is supposed to guide the people who have gone for that advisory opinion in all their future actions. That is why it pains me that, that advisory opinion has not been obeyed in the letter and spirit of what that opinion said. In fact, that opinion actually was merely repeating what many lawyers or any intelligent person who reads the Constitution would know. It merely repeated that and yet, it has not been obeyed. Therefore, one starts now wondering what the purpose is. We will go for an advisory opinion and it will be disobeyed again? These are the varied questions that must be running through our minds. One of the differences between developed and developing countries, of course, is that we tend to engage in wrangles and very irrelevant and artificial wars which we should not really be engaged in. This is because intelligent people must know what the Constitution provides. Again, here we are going for an advisory opinion. That is why I support the Senators who say that in addition to this advisory opinion that we are going to get, people should be put on notice. Next time we are not going to seek an advisory opinion, but the Acts that have been passed without our involvement must be declared null and void. Mr. Speaker, Sir, as elders or the Senate as it were, we have been very restrained in our actions and some people mistake that for weakness. Therefore, they proceed to The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate."
}