Lawyers clash over the Constititution
for claiming he believed a conference had to be called to change the constitution.
Warren Cabral told The Royal Gazette last week that Mr. Kawaley supported the idea that there was a `convention' that a conference must be held before the constitution is changed.
In a letter in to The Royal Gazette Mr. Kawaley states Mr. Cabral had misquoted him, and he argued the exact opposite.
Mr. Cabral hit back, however, saying that he himself drew the conclusion that a constitutional conference was required, but that this was the logical consequence of two points upon which he and Mr. Kawaley are agreed.
Mr. Kawaley writes: "I was disappointed to be misquoted by Warren Cabral in yesterday's Royal Gazette as supporting the notion there was a constitutional convention that a constitutional conference be held before Bermuda's constitution is amended.
"Firstly, my stated opinion is completely the opposite based on grounds that are not subject to easy challenge -- see `Opinion, Royal Gazette November 10, 2000.
"Secondly, Mr. Cabral by implication suggests that I support his utterly fallacious notion that legal action could be taken to enforce breach of such a constitutional convention.
"As a current LL.B student called me today to confirm, the essence of constitutional conventions is that they are rules of practice which cannot be enforced by the courts.
"Thirdly, I should point out Mr. Cabral's suggestion the administrative law doctrine of legitimate expectation could be relied upon in the present constitutional context is a very novel proposition which is at least evidence of his creativity, if not his familiarity with established legal principles in this area.'' Mr. Cabral said: "It is fair to say the thrust of his original article runs counter to what I say, as he dwells on the Bermuda Government. But this has to do with the UK not the Bermuda Government.
"And it is fair to say the bulk of his article is irrelevant to what I was talking about and he wouldn't want to be associated with the thrust of what I was arguing.''
