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institutions that are set up to superintend the process through which the will
of the people are expressed, will similarly not deviate in any manner as would
dilute the expression of the people’s will. It provides, firstly, at Article 34(c)
that the Legislature, the Body elected by the people to give expression to their
aspirations, will enact the Elections Law, the enabling law that should govern,
in more detail than expressed in the Constitution, but subject to the strict
dictates and mandate of the Constitution, the process and the mechanisms by
which and through which public officials are or should be elected. LIB. CONST.,
ART 34(e) (1986).
Yet, notwithstanding the delegation of authority to the Legislature to
enact the Elections Law of the country, all laws, whether legislative
enactments, executive decrees, etc., must always be subordinated to and in
consonance with the Constitution, the supreme law of the land and that no
deviations can or will be tolerated. This is clearly expressed in the second
paragraph of Article 2 of the Constitution, which states that that “Any laws,
treaties, statutes, decrees, customs and regulations found to be inconsistent
with it shall, to the extent of the inconsistency, be void and of no legal effect.”
Ibid. By the foregoing pronouncement, the Constitution makes it clear that
even when it delegates authority from the people to a subordinate body or
institution, the expectation is that they will act in accordance with and in
conformity with the mindset that their actions, including and particularly in
election matters, must conform to the wording and intent of the Constitution
and reflect the will of the people; otherwise, their actions are illegal and must
be so declared.
As a means of effectuating the process and structuring the mechanism
for achieving the goal of honoring the will of the people, the Constitution, at
Article 89(B), specifically creates an Elections Commission. And whilst the
provision does not outline the structure, authority and precise functions and
activities of the Commission, certain of the authority and powers of the
Commission are stated in other Articles of the Constitution, while other
Articles, such as Article 89(B) specifically, vest in the Legislature, perhaps in
further clarity of the powers of the Legislature in respect to electoral matters,