FORMER chief justice and Madang regional MP Sir Arnold Amet says a constitutional crisis has been created by the election of a new prime minister, The National reports.
He said: "There is in my opinion a constitutional crisis created by the actions of the speaker and the opposition, in collusion, in circumventing and corrupting legitimate constitutional process on Tuesday."
He said the opposition purported to move and vote on a parliamentary motion to "declare a vacancy in the office of prime minister" and to appoint a new prime minister, pursuant to section 142(2) and schedule 1.10(3) of the Constitution.
The motion was carried on voices.
He said the Constitution provided for the appointment of the prime minister at the first meeting of parliament after a general election and, otherwise, from time to time as the occasion for the appointment of the prime minister arose.
Sir Arnold said the purported motion to declare a vacancy and to appoint a new prime minister was fundamentally wrong in constitutional law.
"There is no constitutional provision to support such a motion and vote to declare a vacancy in the office of the prime minister," he said.
"There is no power in the parliament to, by such a vote, declare arbitrarily that there is a vacancy in the office of the prime minister, by the fact of sheer numerical strength.
"The actions of the opposition will be subjected to scrutiny by the Supreme Court and we are confident of a favourable decision."
He said: "There is in my opinion a constitutional crisis created by the actions of the speaker and the opposition, in collusion, in circumventing and corrupting legitimate constitutional process on Tuesday."
He said the opposition purported to move and vote on a parliamentary motion to "declare a vacancy in the office of prime minister" and to appoint a new prime minister, pursuant to section 142(2) and schedule 1.10(3) of the Constitution.
The motion was carried on voices.
He said the Constitution provided for the appointment of the prime minister at the first meeting of parliament after a general election and, otherwise, from time to time as the occasion for the appointment of the prime minister arose.
Sir Arnold said the purported motion to declare a vacancy and to appoint a new prime minister was fundamentally wrong in constitutional law.
"There is no constitutional provision to support such a motion and vote to declare a vacancy in the office of the prime minister," he said.
"There is no power in the parliament to, by such a vote, declare arbitrarily that there is a vacancy in the office of the prime minister, by the fact of sheer numerical strength.
"The actions of the opposition will be subjected to scrutiny by the Supreme Court and we are confident of a favourable decision."
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