Philipsburg:--- Several persons, including the editors of newspapers on St. Maarten, are misleading and misguiding the population of St. Maarten even though both newspapers have legal experts in their back pockets. On May 6th, 2013 three politicians (Members of Parliament) created political instability on St. Maarten when they threw down the current coalition government in order to form a new one.
Three Governments in three years for a young country definitely places us on the records if not the Guinness Book of Records. It is known that politicians never will come out of the political ring because for them being in office is about politics and not about law and order.
Several persons are asking why this has happened and what the politicians will gain by jumping ship every year while putting the island and its people in total disorder. It is even more appalling to read the unfounded news articles in the newspapers while both newspapers have legal experts at the tip of their fingers. SMN News has been breaking down the Constitution of St. Maarten almost on a daily basis in order to educate the people of this great nation. One of the positive things that will come out of this political mess is that the people of St. Maarten are now reading their constitution. The students in our schools are now asking where they can find a copy of the constitution even though the English version is very much misleading to say the least. In order to further educate our readers and even the haters, we have decided to put some more facts on how the system should function. Since the fall of government and drama on a day to day basis continues, all eyes are placed on the Governor of St. Maarten. It is true that the Governor is the one that has to ratify or countersign the National Decree (Landsbesluit) to dissolve Parliament and call for fresh elections, which was submitted to him by the Council of Ministers. The Council of Ministers can be considered the same as the majority as the Rules of Order of the Council of Ministers (article 20 to be exact) states that decisions are made by the majority. The governor is guided in his work by the "Reglement van de Gouverneur" or the rules of order of the Governor.
Article 21 of these rules of order gives five reasons why the governor may refuse to sign such a Landsbesluit. These reasons are restrictive meaning these are the only reasons why he may refuse to sign. He has no leeway, but can only use the five reasons listed.
Artikel 21.
De Gouverneur stelt een landsverordening en een hem voorgedragen landsbesluit niet vast, wanneer hij de verordening of het besluit in strijd acht met het Statuut, een internationale regeling, een rijkswet of een algemene maatregel van rijksbestuur, dan wel met belangen, waarvan de verzorging of waarborging aangelegenheid van het Koninkrijk is. Hij geeft hiervan terstond kennis aan de Koning als hoofd van de regering van het Koninkrijk. Wanneer bij koninklijk besluit, de Raad van State van het Koninkrijk gehoord, wordt beslist dat zodanige strijd niet aanwezig is, stelt de Gouverneur de landsverordening of het landsbesluit alsnog vast. Het koninklijk besluit, waarbij wordt beslist dat zodanige strijd wel aanwezig is, wordt in het officiële publicatieblad bekend gemaakt.
- Conflict with the Kingdom Charter (Statuut),
- An international Regulation, a Kingdom Law
- A General Measure of Kingdom Governance (Algemene Maatregel van Rijksbestuur),
- A matter whose protection is a matter for the Kingdom Government. If the governor believes that signing would violate any of those five grounds,
- He sends the legislation to the King, as head of the Dutch government. The King will then consult with his State Council (Raad van State) and make a decision.
If the Governor therefore fails to sign a Landsverordening or Landsbesluit that does not violate any of the five refusal grounds, Parliament, in the case of a Landsverordening, and the Council of Ministers in the case of a Landsbesluit, can file a complaint against him with the King for dereliction of duty. Fortunately, this has never happened before, and no Governor should wish to make history in this negative way. There is an unwritten rule, that the Governor always follows the wishes of the Ministers. He is after all, above the fray, and may never be held accountable politically. It is the Ministers who bear political responsibilities therefore the Governor stays clear from political decisions.
Finally, the Governor is also aware that a constitutional right is of the highest order. No lower laws, such as the Rules of Order of the Council of Ministers, or the Prime Minister or the Governor can block any branch of government from exercising their constitutional right.
Click here to read the article that guides the Governor in his function.