(ii)
“…To examine” the circumstances of the case to determine
if it is worthwhile to allocate scarce judicial resources to
resolve the moot issue”
(iii)
“ to be sensitive to the effectiveness or efficiency of judicial
intervention and demonstrate a measure of awareness of
the judiciary’s role in the political framework”
[99]
Learned Counsel, Mrs. Baron- Royer, made reference to the cases from our jurisdiction
that have declined to decide on issues which were purely academic in nature in support of
her submission in this regard33.
[100]
Counsel’s further submission raised the following issue: whether there were collateral
consequences of the outcome which will provide the necessary adversarial context? In
other words, do the circumstances of the case at bar “have some practical effect on the
rights of the parties notwithstanding that it will not have the effect of determining the
controversy which gave rise to the action?”34
[101]
Learned Counsel, Mrs. Baron- Royer, submitted that the Claimants are asking to the court
to declare that the Speaker’s action of declaring their seats vacant was unconstitutional
null and void and of no effect, they are also asking this court to quash that decision and to
declare that they have not ceased being lawfully elected members of the House as
returned on the 19th December, 2009. Further that the Claimants are asking that the
subsequent election writ issued by the President of Dominica was unconstitutional null
and void. The factual situation in this regard is that the Claimants have since taken part
in the said by-elections and won their respective seats and have taken up their
positions in the House. That if the court were to make the declaration sought then the
court would in effect be setting aside the by-election which has taken place as the
consequence of the declaration that the elections writ for the by-elections was null and
void. That in essence this would be challenging the validity of the by-election which could
33
Attorney General of St Lucia, Monica Joseph –v‐ Dr Vaughn Lewis, Civil Appeal no 12 of 1997 (St Lucia),
Lalibai Pagarani et al –v‐ I Choithram International S.A. et all Civil Appeals numbers 10,11 and 15 of 1997
of the Virgin Islands.
34
28