Sometimes, as a little boy, you get a spanking. Daddy puts you over his knee and administers a few staccato smacks to convey his displeasure. It hurts, but not too bad. Other times, mummy is waiting at the door with a supple guava branch switch, and the blows rain down from all angles, and you are running, and covering, and hiding, and crying, and wondering what the hell happened, and why is mummy so vex.
Politically, last week’s “no” vote, was definitely the latter. A real "cut ass."
56% to 43% is as resounding as it gets in SVG. Don’t let anybody tell you any different. As far as I know, the only time more Vincentians agreed on anything in a voting booth is when the NDP won all 15 seats in the country. The 12-3 ULP landslide of 2001 was also a 56% majority.
This was a beating.
Now, in the last days of the referendum campaign, I could see that the “yes” was not going to get the required 67% of the vote. But I was certain that they would get the majority of the votes! In fact, if you asked me on the eve of the election, you could have gotten me to predict something in the range of 59% - 62% “yes.”
Just goes to show how little I know.
Maybe it was the Busy Signal show – the biggest crowd in SVG I’ve ever seen. Maybe it was another huge crowd the next day at Rabbacca. Maybe it was the fact that everything that the “no” voters said sounded so angry, and so bitter, and so unrelated to the merits of the constitution, which, in my opinion, remains a pretty good document. I dunno. But I clearly misread the mood of Vincentians.
But I’m not alone in that misreading. If the government thought that 43% was even possible, no way they go through with this referendum. They must have assumed that their floor was something in the mid-50s, with a ceiling in the mid-60s. Otherwise, why even try? And throughout their campaign, they remained resolutely on the high ground, extolling the virtues of the constitution and resisting the mudslinging from the other side. (The only possible exception to this was the Oakes Bros./SCL/passport selling revelations. But I think that was relevant to the constitutional debate as well). You only maintain the high ground if you’re sure that you’re winning or you’re sure that you’ve already lost. I gotta think that they were feeling pretty good about themselves, up until the last minute.
I waited to type this post, first because I was in shock, and second, because I wanted to see the data. I’ve studied it. It aint pretty. Let’s analyse, shall we?
Question #1: What does this “no” vote mean?
This is the $6 million question. The easiest (and wrongest) answer is: “it means that the people of SVG are fully satisfied with their present constitution.” Problem with that answer is that only one side was even talking about the constitution. The other side made this a referendum on the government, no matter what the question on the ballot paper said. In many ways, both sides were talking past each other.
This is the $6 million question. The easiest (and wrongest) answer is: “it means that the people of SVG are fully satisfied with their present constitution.” Problem with that answer is that only one side was even talking about the constitution. The other side made this a referendum on the government, no matter what the question on the ballot paper said. In many ways, both sides were talking past each other.
So does the “no” vote mean that Vincentians are dissatisfied with the government? Some of it clearly means exactly that. Many of those who voted “no” were voting against Ralph. Maybe even most of them. But some were also voting against getting rid of the queen. Some were voting out of fear of change. Some were voting against Hugo Chavez (don’t ask). How many? I don’t know. And neither do you.
Was it simply a general expression of dissatisfaction in a rough economic period? Was it a specific attempt to send the ULP a message? Was it a harbinger of the next general election? I don’t know. And I suspect no one will know for sure until we can look back with the benefit of a few years’ hindsight. Sure, everyone is spinning it for their own purposes, but its all hopeful spinning. We’re all flying blind here. This has never happened before in SVG.
Question #2: Will some of the “good ideas” be implemented legislatively?
The “no” voters tried to deflate many of the innovations in the new constitution by saying “you can do that through regular legislation.” So whenever someone said Integrity Commission, Human Rights Commission, Ombudsman, gay marriage, etc., their rejoinder was “big deal! You can do that through regular legislation!” (of course, other things that could be done through regular legislation – details of local gov’t, details of constituency funding, details of land compensation, etc. – the “no” voters wanted included in the constitution, but I digress).
So the question now is: What chance is there that these things will become part of our regular laws?
My guess? Somewhere between slim and none. The problem with regular legislation is that new administrations invariably alter it. NDP passes a law selling passports? ULP abolishes it? NDP passes “greedy bill?” ULP abolishes it. Old Labour Party passed a law on local government? NDP gutted it. NDP passes law on education? ULP amends it. And so on.
So why would I, as an incumbent government, pass a law that will constrain me, that can easily be modified when I leave? Especially when I now have a great excuse not to pass such laws – “What was that? You want an integrity commission? Well, so did we, but that concept was overwhelmingly rejected by the Vincentian people in Nov. 2009.” And who will we, the voters, be, to tell them no? We did vote against it! Similarly, you can kiss reduced powers of the Prime Minister goodbye. When next the PM handpicks some top civil servant, his response to the hue and cry will be “I wanted to give up this power, but the Vincentian people told me that they trust the PM to use it effectively.” I can see it now…
My gut tells me that the reform most likely to be implemented is the two new constituencies. That is something else that can be done with just a parliamentary majority. If I’m the ULP right now, back against the wall, I’m carving out a couple new safe seats. (And for all those who thought that the new constitution said the new boundaries commission couldn’t be challenged in court but the old one could – go ahead and try.)
(Allow me to digress again: did anyone notice that 2,390 people voted in the Northern Grenadines and 1,506 voted in the Southern? For a total of 3,896 people? Am I the only one who is bothered by the fact that a Grenadines voter’s vote counts for twice as much as a mainlander? More people voted in North Windward, East St. George, East Kingstown, and South Leeward than did those in both Grenadines seats combined. Yet they only get to pick one representative, and the Grenadines pick two. Put another way, 1,200 votes in the Southern Grenadines is a landslide victory. Same amount in East St. George is a landslide defeat. Mainland votes are very diluted compared to Grenadines votes. It’s also why it’s so easy for the NDP to form a government with less than a majority of the popular vote. 3,000 NDP votes get you two seats in the Grenadines. It gets you one on the mainland. Making the Grenadines two seats was a crude and cynical political ploy unsupported by any demographic data. Glad I got that off my chest, lol)
Question #3: What does this mean for the 2010 elections?
The easiest (and wrongest) answer is that it means that the NDP will win 13 seats to the ULP’s 2, because the “no” vote was in the majority in 13 of the 15 constituencies. The second easiest (and second wrongest) answer is that it means nothing, that “ULP voters” stayed home, and that the election is a different kettle of fish.
Lets look at the numbers, shall we?
29,019 people voted “no.” Twenty-nine thousand votes aint gonna win you a “real” election in SVG. In 2005, the winners got 32,006. In 2001, they got 32,925. In 2005, the losers got 25,653 – only 3,336 less than the “no” vote got last week.
And, keep in mind, that 6,690 new voters have registered between 2005 and now.
In short, if every single “no” goes to the polls and votes NDP in 2010, that doesn’t get them a win. They probably need to find another 4,000 votes on top of that.
Of course, its easier to find 4,000 votes than it is to find 10,500, which is what the ULP will probably need to hold on to office. Because if 29,000 votes don’t win an election, 22,500 isn’t looking so promising either.
But the excuse that “ULP voters didn’t come out” is just that – an excuse. NDP support increased from 2001 to 2005 by 1,809 votes, while ULP fell by 919. You can say that 919 voters stayed home. I’ll buy that. But you can’t tell me that 9,500 voters stayed home. If that many of "your supporters" stayed home, they don’t support you anymore.
I agree that voter turnout was low. In 2001, 58,398 people voted. In 2005, 57,958 went to the polls – a slight dip of 440 (even though voter registration increased). In the referendum, 52,156 voted. That’s 5,802 less than voted in 2005, and 6,242 less than 2001 (not counting the 6,690 new voters who’ve registered).
Here’s where the ULP “apathetic voter” argument gets a little shaky: In the referendum, 6,242 less people voted (compared to 2001) and “yes” got 6,526 votes less than “no.” Almost the same number, eh? But are you telling me that EVERYONE who stated home from the referendum is a ULP supporter?!? And even if that’s true, odds are that the 6,690 new voters since the last election are probably more pro-NDP than pro-ULP, because new voters tend to be more pro-opposition than pro-incumbent.
So, for the next election, out of a pool of about 13,000 voters (stay-at-homes plus new registrants), the ULP needs about 70% of them to vote incumbent. That’s a tall order.
I will, however, accept that the low turn-out suggests that more of those who stayed home were ULP fans than NDP fans. That seems logical. Opposition voters are always more passionate and eager to stick it in the eye of the incumbents. So I can accept that the ULP will be more competitive in the general elections than the “yes” vote was in the referendum.
Where will they compete? If I accept that ULP voters did not show up, and that they will show up in an election, I have to look at constituencies where “yes” got a percentage in the mid- to high- 40s. Stay-at-homes could turn that around. Immediately, then, I would concede East Kingstown (38% yes), Central Kingstown (35%), West Kingstown (35), South Leeward (38), North Leeward (39), Northern Grenadines (15) and Southern Grenadines (31) – it would be a whole lot of reenergized ULP supporters to turn that around.
But that’s only seven seats. Seven seats don’t win you an election in SVG.
(another aside: did anyone else notice that Arnhim Eustace's East Kingstown Seat got the smallest referendum "bounce" out of the three Kingstown seats?)
ULP’s “stay at home” referendum voters could make a difference in North Windward (48% yes), South Central Windward (46%), Marriaqua (49%), East St. George (44%), West St. George (44%), and Central Leeward (45%). Of course, the ULP would be counting on North Central Windward (74% yes) and South Windward (52%), as “safe” seats.
(yet another aside: although South Windward was only one of two seats that went "yes," did you notice that, in real numbers, it experienced the biggest swing towards the "no"/NDP side? South Windward was actually the seat with the biggest slippage)
So, if everything broke in the ULP’s favour in the next 12 months, and they got their apathetic voters energised, they’re looking at an 8-7 win. But that, too, is a tall order.
The next year is gonna be interesting.
Question #4: Is constitutional reform in SVG dead?
Yep. Deader than dead. Stick a fork in it. We won’t be reforming our constitution until the Privy Council kicks us out. Or the British end the monarchy. Or gay couples are getting married on Young Island. This is the one we’re stuck with.
Nice blog,however,it is very interesting that someone of your intellect, could have misread this referendum so badly..UNLESS YOU ARE A ULP FLAG BEARER,59-62% was always impossible in this political climate.
ReplyDeleteUnlike you, I don't think constitutional reform is dead. I still think if the politicians come correct to the people, things will get done.You seem to be of the view that it is the people who are at FAULT FOR THE FAILURE OF THIS REFERENDUM..NAH..The politicians decided this is their baby and wanted to give us a six for nine...hell NO!!.
If our Prime Minister was so interested in reforming our constitution, why not take a piecemeal approach and grudally do things; instead of trying to bamboozle the people with all this convoluted garbage.
For eg.If you want us to move away from the Privy council, let that be the lone issue and let the people have a thorough debate on this issue alone without all this nonsensical stuff about hanging..
I believe if politicians in Vincyland are genuinely concern about reforming our constitution,it can be done in the next 2-5 years.Its all about having a good strategy without political manipulations.
On a lighter note...I am now totally convinced that you are indeed NOT THE SAME INDIVIDUAL on another forum..lol..Peace.
Hey Patriot,
ReplyDeleteFirst time reading this blog. I appreciate your analysis of the figures but I am a bit more optimistic re the reform process. If either of these parties are worth their salt then they would revisit the process and at least listen to the objections raised and then adjust the clauses to suit.
Additionally you said,
"It’s also why it’s so easy for the NDP to form a government with less than a majority of the popular vote. 3,000 NDP votes get you two seats in the Grenadines. It gets you one on the mainland. Making the Grenadines two seats was a crude and cynical political ploy unsupported by any demographic data. Glad I got that off my chest, lol.
I see your point but I will add that the issue of the Grenadines is a delicate one. Prior to James F. Mitchell they were a largely neglected part of our island nation, and this dates way back to the post-emancipation era of St. Vincent. Their dissatisfaction came to height with the uprising in Union Island in 1979. I believe the Grenadines constituencies are necessary to ensure equal representation in SVG parliament and to ensure that they are not slighted in terms of governance the way they would have been in the past. Additionally, I don't believe their votes are worth any less or more than the main-landers, simply because they are Vincentians just like the main-landers.
Finally, if we follow the logic that the smaller population of the Grenadines does not merit two seats in parliament, then our overall drop in population to 104,574 does not merit the increase in the number of constituencies to 17 overall...Just saying.
@ saadiss -- thanks for saying i have intellect, lol. but even if i do, intellect and political instinct are two different things. i think alot of people misread the outcome. congrats to you if you predicted it right.
ReplyDeletenot gonna get into who's waving a flag for whom. i like to let good ideas compete, regardless of their source.
u thought i was on another forum as someone else?? lol. you insult me, my brother.
@ empath -- welcome! i agree with you 100% on the point of the grenadines' historical neglect. and also that its harder to "get stuff done" in the grenadines, so they need more attention. no debate.
**BUT**
the idea of constituencies is that you get roughly the same number of voters in each one. that way, a vote in constituency X has the same "weight" as a vote in constituency Y, in terms of ability to elect a representative. Mathematically, a vote on the mainland is worth less than a grenadines vote. 3000 votes = 1 seat on the mainland, but 2 seats in the grenadines. That's wrong. I would argue its damn near unconstitutional, lol.
Grenadines should be given much more attention. But gerrymandering the constituencies isn't the answer. Look, they are in opposition now. Does it matter that it is two of them in the house and not 1? there are better ways.
re: your point about 17 constituencies. I don't disagree. **BUT** back to my point about roughly the same number of voters in each constituency: right now, there are more voters in south leeward and east st. george than there are anywhere else. That's wrong. their votes are diluted. You can (a) create new constituencies; or (b) keep the same 15, but redraw all the boundaries to make the numbers more even. I don't have a problem with either 1.
(note: if u carve a new seat in south leeward, and one in st. george, you are probably creating a "safe" seat for the NDP (leeward) and a "safe-ish" seat for ULP (st. george). so it's a wash. it would be a problem if both seats were made in ulp strongholds, without regard to demographics (like what happened in the grenadines, lol)
@ saddis and empath: both of you are more optimisitc about constitutional reform than i am. saadiss, you say "*IF* politicians in vincyland ae genuinely concerned"... empath, you say "*IF* either of the parties are worth their salt"...
those are big "ifs". didn't this referendum campaign answer these questions? Not pointing fingers, but it seems that some politicians and political parties had interests beyond the constitution.
This comment has been removed by the author.
ReplyDeletePatriot,
ReplyDeleteI hear you on the importance of demographics re the marking of constituency boundaries. I have a couple questions:
1) How then should the situation in the Grenadines be rectified to be more consistent with demographics, without causing feelings of resentment among the residents of the Grenadines?
2) Would it be possible to have an independent boundaries commission re-draw boundaries based purely on demographic expediency?
Additionally, both the 1979 (Section 33.2) constitution and the 2009(Section 96.3) bill make allowances for "the Commission to depart from this [equal number of people per-constituency] principle to such extent that it considers expedient in order to take account of the following factors, that is to say-
ReplyDeletea) the density of the population and in particular the need to ensure adequate representation of sparsely populated rural areas;
b) the means of communication;
c) geographical features, particularly with respect to the Grenadines; and
d) the boundaries of existing administrative areas."
So, the original allotment of two constituencies to the Grenadines, despite their smaller population, may not have been unconstitutional. As the Grenadines, especially the Southern isles, may well fall under the category of "sparsely populated rural area" requiring adequate representation.
(Side note, the proposed constitution was pretty much like the old one in this respect until we get to 96.10.)
@ Empath -- great comments! My thoughts:
ReplyDelete(1) I'll deal with your second comment first (re: text of the constitutions) -- first, does the current constitution have the language that says "particularly with respect to the Grenadines"? I couldn't find it in the online version of the constitution that i refer to (http://pdba.georgetown.edu/Constitutions/Vincent/stvincent79.html). But maybe it was added when the ndp changed the number of constituencies. i dunno. if it's not in the current constitution, we can't use it to argue constitutionality. In any event, I would read that to mean "the grenadines" as a single entity, not as something to be divided, or you could logically have a bequia constituency, a mayreau constituency, a union island constituency, etc. Second, the overriding "principle" set forth in the clause is "All constituencies shall contain as nearly equal numbers of inhabitants as appears to the Commission to be reasonably practicable." So, while deviation from that principle is permitted, it must be within reason. I don't see making a constituency with less than half the numbers of other constituencies "reasonable." I really think a fundamental principle of democracy is that votes must count for almost the same weight no matter where you live.
Look at the map. North leeward is the largest constituency (geographically) in SVG. Why? because it is sparsely populated.It is a sparsely populated rural area. It is remote. Why don't we make that two constituencies as well? Demographics.
(side note to your side note: 96.10 in the failed proposed constitution is the infamous "shall not be enquired into in any court" provision. I really believe this was much ado about nothing. First, the exact same provision is in the existing constitutions of Jamaica, Trinidad, Antigua, to name a few, and there is are similar provisions in st. lucia's and grenada's. it's not some sinister new invention.
Further, take a look at the old constitution, 32(10) -- "In the exercise of its functions under this Constitution, the Commission shall not be subject to the direction or control of any other person or authority." That's actually a much broader provision. In the new constitution, it wasn't that the entire COMMISSION wasn't subject to judicial review, just one aspect of it: the validity of an order that has been approved by parliament. one thing. The current constitution gives blanket immunity.
Further still, the current constitution has a commission of 3 -- one appointed by GG, one by PM and one by leader of opposition. But they can act without the opposition's nominee (Sec. 32(9)). Can't do that in the proposed constitution -- you don't have quorum unless both opposition and gov't present (94(8)).
end of side note, lol)
oops! i forgot your previous comment re: what to do and could it be done strictly demographically.
ReplyDelete(1) what to do to make grenadines constituencies and representation.
(a) me? i'd remake 1 constituency there, until demographics demand 2. but that's NEVER gonna happen at this point, lol. Horse out the gate already.
(b) you could make another 5 constituences on the mainland, brining all constituencies down to N. grenadines level, but i suspect that isn't gonna happen either, lol.
(c) so leave them with the 2. But it doesn't fix the fact that they are not adequately represented. here's what i'd do:
(i) the gov't had a couple good ideas, but they are half-baked, and poorly implemented. i think a minister of grenadines affairs is a great idea. but there is currently just such a ministry in name, and it grouped in with a bunch of other ministries under someone's portfolio (the PM's i think). Make a dedicated Minister of Grenadines and Rural Affairs. With a budget and a staff.
(ii) the idea of that grenadines commission or whatever its called. currently its headed by the two failed ulp grenadines candidates, belmar and snagg, so its not a respected entity. But its a good idea, in principle.
(iii) establish local government in the grenadines (legislatively, since it failed constitutionally) so that people have an on-the-spot representative to deal with little things.
(iv) parliament should sit at least twice per year in the grenadines (north and south) and should have at least one annual session dedicated solely to grenadines matters.
(v) we should change the anthem. i'm serious. you have no idea how much people in the grenadines hate this "our little sister islands" b.s. it's insulting. i really think we have the worst anthem in the caribbean, but that's another post.
(2) would it be possible to have boundaries drawn based solely on demographics? no. not solely. but predominantly. the current constitution's commission isn't sufficiently independent, and is too politically controlled. the new one would have been more bureaucratic, and thus less likely to make bold political steps. it would've stuck to the numbers.
i think the considerations listed in the constitution are valid ones. not advocating constituencies with EXACTLY the same number of people. but that should be the ideal. The deviation shouldn't be significant. If one constituency has an extra couple hundred people, that's ok. But once you are over 500 people difference, i think we have a democratic deficit.
I think the constitution says we should revisit boundaries every 8 years, right? So its overdue. Either slide some boundaries around within the context of the current 15, or carve 2 new ones -- between south leeward and west kingstown, and between east and west st. george. that would be the demographic answer. (the political answer may be the st. george seat, and another seat somewhere between north central/south central/south windward)
"So, while deviation from that principle is permitted, it must be within reason. I don't see making a constituency with less than half the numbers of other constituencies "reasonable." I really think a fundamental principle of democracy is that votes must count for almost the same weight no matter where you live."
ReplyDelete1)I think the other aspects of the clause (for example "sparsely populated areas") would "reasonably" allow for the Grenadines to be split into two constituencies.
2)A lot of your ideas for the running of the affairs of the Grenadines sound workable, but I disagree with the one to have a Ministry of Grenadines affairs as that, depending on the ruling party and how it is established, may be deliberately used to circumvent the authority of the elected rep from that (those) constituency.
Furthermore, how can the establishment of a ministry with special focus on the Grenadines be justified, especially if the argument is put forward that the Grenadines are under-populated? It would beg the question: Why the special focus on the Grenadines? Such an action exposes itself to a similar criticism to the one you made about the fairness of having the two constituencies.
I think it might work to keep the two constituencies as they are, have the local government set up in each of the constituencies (mainland ones as well) and that any decision that is made re: the Grenadines be vetted through/discussed with their representatives (and not passed in a hurried Sunday afternoon meeting so that it is made retroactive, if you catch my drift).
These ideas would work only if you have a party in power that cares more about the people and less about regime survival. That way they would care more about the fact that a rep from the opposing/minority party is meeting the needs of his/her constituents and less about making it difficult for him/her to get the resources he/she needs to help his/her people.
continued...
ReplyDeleteResponse to the Side note Comment:
(side note to your side note: 96.10 in the failed proposed constitution is the infamous "shall not be enquired into in any court" provision. I really believe this was much ado about nothing. First, the exact same provision is in the existing constitutions of Jamaica, Trinidad, Antigua, to name a few, and there is are similar provisions in st. lucia's and grenada's. it's not some sinister new invention.
Further, take a look at the old constitution, 32(10) -- "In the exercise of its functions under this Constitution, the Commission shall not be subject to the direction or control of any other person or authority." That's actually a much broader provision. In the new constitution, it wasn't that the entire COMMISSION wasn't subject to judicial review, just one aspect of it: the validity of an order that has been approved by parliament. one thing. The current constitution gives blanket immunity.
Further still, the current constitution has a commission of 3 -- one appointed by GG, one by PM and one by leader of opposition. But they can act without the opposition's nominee (Sec. 32(9)). Can't do that in the proposed constitution -- you don't have quorum unless both opposition and gov't present (94(8)).
1) I disagree that 96.10 was much ado about nothing. That such a clause exists in the laws of other Caribbean territories does not comfort me. 96.10 represents much of what I felt was wrong with the constitution, because it came on the heals of more or less OK provisions for the establishment and functions of the boundaries commission. It leaves the voters with no recourse if an action taken by the commission disenfranchises them in any way. It can also be abused to disadvantage an opposing representative. In 2005 for example, the boundary between West St. George and East Kingstown was adjusted. I am not sure why. Perhaps the people at the electoral office might be able to tell us, officially. But the school children been say that that act was to dilute the support of the rep for East Kingstown. It backfired of course. This action was taken under the current constitution, with a 32.10 clause that is largely ambiguous in its wording and open to interpretation, let alone a 96.10 which is explicit in its pronouncement.
@ Empath -- enjoying this exchange! To your 1st post:
ReplyDelete(1) I think "reasonably" has to be within reason. And 2-for-one isn't reasonable to me. That's why I raised north leeward. It is also a sparsly populated rural area. Why isn't it two constituencies. i think that reasonable has to be within a certain number of people, it can't destroy the overriding principle.
(2) You'll see I said a minister of grenadines AND rural affairs. But I don't think even a grenadines ministry is an assault on the authority of the reps. gov'ts have things to do that reps can't do.
We can have a ministry of urban development, even though we only have one urban area worth talking about (kingstown). Suppose NDP won all 3 kingstown seats and ULP was in power 10-5? It would still be a worthwhile ministry.
(aside: btw, i forgot to mention the so-called "leacock amendment" in the constitution as a good idea. It says that the reps should get some money and a budget to do work in their constituency, regardless of who is in power. many parliamentary democracies have this law. it would help increase relevance of the reps, esp. in the grenadines)
Re: your point on special focus. I DOthink the grenadines require a special focus. Just not by making their votes weighted disproportionately. We have all kinds of "special focus" ministries. We have a ministry of youth. We have a ministry of ecclesiastical affairs. We used to have a ministry of women's affairs, but now its gender affairs. Nothing wrong with a minister or ministry focusing on a particular part of the country, imho.
(one more aside: i see this tendency in svg to worry too much about the potential for abuse/misuse, and thereby stick with the status quo -- which is already abused/misused! -- i think it happened to some degree in the constitution debate. But i read in your post a worry about who "the ruling party" is and how the ministry might be "used." we can't keep tailorig our institutions to fit or contain certain individuals -- ralph, sir james, arnhim, etc -- or our governance will always be in flux. We have to set up the right institutions, and let the individuals adjust to them, rather than adjusting the institution to the individual)
... and to your second post:
ReplyDeleteWe'll agree to disagree on that one. I think, actually, that the impunity of the commission is much narrower in the new constitution than the old. Like you said, curious changes have been made under the old constitution, and they are totally unchallengable. So there is no new power there. In fact, there is only one thing removed from court review -- a report on boundaries that has been approved by parliament. The law provides for all other types of electoral or voter challenges. I stand by my previous post.
And work this through for me: how could a voter legally challenge the commission's drawing of a constituency? under the old constitution its not possible. the test will be "can you vote?" yes? then you are not disenfranchised. The franchise is the right to vote, not the right to vote for arnhim eustace.
I say "much ado about nothing" because there is no new mischief in the new formulation. it does not insulate the comission any more than the old formulation. in fact, imho, less.
Thank you for this truly stimulating discussion!