The Editor, Sir:

The central issue in regard to the recent elections is not the closeness of the results, but the frightening possibility of the court having to reverse the will of the people in respect of three constituencies where the winners are said to be subject to disqualification as a consequence of their holding dual citizenship contrary to the conditions laid down in our constitution.

Under Section 40 sub-section 2 of the constitution, "No person shall be qualified to be appointed a Senator or an elected Member of the House of Representatives, who "is, by virtue of his own act, under an acknowledgement of allegiance, obedience, or adherence to a foreign power or state."

Balance of power

Clearly, the decision of the Court could affect the balance of power in the House, but balance of power is not the issue presently under consideration. That issue is whether, the court or the people, should determine who governs in a democracy.

As Jeremy Bertham (philosopher) pointed out, given an enlightened electorate, ultimate political sovereignty should inhere in the people since only so can the interest of Government be made to coincide with the general interest. Further, he discounted the efficacy of constitutional limitations as the chief guarantees of freedom.

Pursuant to this, it is relevant to read U.S. Justice John Paul Stevens' statement regarding the 2000 U.S. Presidential Election - "Although we may never know with complete certainty the winner of this year's presidential election, the identity of the loser is perfectly clear."

It is the nation's confidence in the judge as the impartial guardian of the rule of law. It is not unusual for us to fall short of our ideals.

Therefore, it may be sound advice (even in the long run) for the 'losing' candidate to act on a point of principle and not use any court ruling as a soft entry in the House of Representatives, as in such circumstances they would not be and could never be regarded as the true representatives of the people.

Instead, they should eschew any such opportunity and seek election through normal channels.

I am, etc.,

R.H. ALEXANDER

111/2 Temple Meads

Kingston 6