• Latest
The Importance Of Making A Proper Will

Did a Revolution Take Place in Grenada in 1979?

6 years ago
NNP denies chartering planes to bringing in voters

New entry requirements for fully vaccinated persons effective May 1

8 mins ago
GTAWU fears possible job losses following acquisition of Scotiabank

GTAWU in discussion with SGU about mandatory vaccine directive for staff

2 hours ago
Pest and disease management in banana production

Government to host a conference on agriculture

2 hours ago

SAS students at SGU to protest against mandatory vaccination 

5 hours ago
China praised for helping government deliver affordable housing

China praised for helping government deliver affordable housing

8 hours ago
Winners of CYEN/GIZ essay writing competition

Winners of CYEN/GIZ essay writing competition

9 hours ago
Republic Bank continues to support Covid-19 relief efforts

Republic Bank continues to support Covid-19 relief efforts

9 hours ago
Grand Bacolet to Munich Road nearing Completion

Road Closure: Hermitage Public Road

9 hours ago
Claims of coronavirus at SGU designed to create fear and panic

Covid-19 update: Grenada Dashboard 21 April

22 hours ago
Grenada elected as a VP of United Nations General Assembly

Grenada secures seat on UNICEF Executive Board

1 day ago
Vincentian charged for drug possession

Personal and religious use first step to remove marijuana from Drug Act

1 day ago
Launch of yet another hotel project

Launch of yet another hotel project

1 day ago
NOW Grenada

Main Header Ad 468x60

booked.net
  • Front Page
  • Categories
    • General News
      • All
      • Agriculture & Fisheries
      • Arts & Culture
      • Business
      • Education
      • Environment
      • Health
      • History
      • Lifestyle
      • Law
      • Politics
      • Technology
      • Travel & Tourism
      • Weather
      • Youth
    • Sports
      • All
      • Athletics
      • Cricket
      • Football
      • Watersports
    • Community
      • All
      • Tribute
    • Crime
    • Features
      • All
      • Today in History
    • Opinion/Commentary
    • Press Releases
      • All
      • Advertisements
      • Notices
  • Video
  • Notices & Vacancies
  • Advertise
  • Contact Us
No Result
View All Result
  • Front Page
  • Categories
    • General News
      • All
      • Agriculture & Fisheries
      • Arts & Culture
      • Business
      • Education
      • Environment
      • Health
      • History
      • Lifestyle
      • Law
      • Politics
      • Technology
      • Travel & Tourism
      • Weather
      • Youth
    • Sports
      • All
      • Athletics
      • Cricket
      • Football
      • Watersports
    • Community
      • All
      • Tribute
    • Crime
    • Features
      • All
      • Today in History
    • Opinion/Commentary
    • Press Releases
      • All
      • Advertisements
      • Notices
  • Video
  • Notices & Vacancies
  • Advertise
  • Contact Us
No Result
View All Result
NOW Grenada
No Result
View All Result

Article Header

Did a Revolution Take Place in Grenada in 1979?

This story was posted 6 years ago
8 April 2015
in OPINION/COMMENTARY
4 min. read
Sir Lawrence A Joseph
Share

By Dr Lawrence A. Joseph

36 years ago, on 13 March 1979, a historic event took place in Grenada: the constitutionally elected government of Prime Minister Eric Gairy was overthrown by a usurper regime. This regime later became known as the People’s Revolutionary Government (PRG) and was led by the former Leader of the Opposition in Parliament, Maurice Bishop. The usurpers suspended the constitution and Maurice Bishop took over executive control of the country as Prime Minister. This group ruled Grenada for four and a half years until its demise on 25 October 1983.

The event which occurred on 13 March 1979 is being referred to by many as a revolution. Upon proper examination of this historic event, some doubts may be raised as to whether in truth and in fact that that event was indeed a revolution. It is postulated that for any proper analysis to be made on the nature and character of that occurrence in 1979, the analysis must be done from a legal/political/philosophical perspective.

One significant way of so doing is to examine the way in which the event was treated by the courts. During the trial of Bernard Coard and eighteen others in 1985 for the murder of Maurice Bishop and others, the defendants challenged the constitutionality, validity and competence of the Court to undertake their trial. The situation was that following the demise of the PRG in 1983, constitutionalism was substantially restored to the country by Governor-General Sir Paul Scoon. At the same time the accused persons were scheduled to be tried before an unconstitutional court which was established by the unconstitutional PRG under People’s Law No. 4 of 1979.

Despite the juridical dilemma, both the High Court and the Court of Appeal dismissed the pre-trial application of the defendants. The judges determined that despite the courts’ unconstitutionality they possessed the validity and competence to try the defendants based upon the doctrine of necessity. This doctrine caters for the accommodation of unconstitutional or illegal activities in necessitous situations for a temporary period, whilst recognizing that constitutionalism still prevails. An important implication of adopting this doctrine is that the constitutional legal order was still presumed to have had continuity. This would not have been the case if the courts had adopted either Kelsen’s theory of revolutionary legality or the doctrine of successful revolution. These were the prevailing doctrines used in common law jurisdictions for many years in extra-constitutional adjudication. With these doctrines the legal order is presumed to have been discontinued with the establishment of a new legal order.

There was no denial that the PRG had de facto status (governmental control in fact only). However, based upon the adduced evidence the courts could not find that the PRG had de jure status (governmental control both in fact and in law). De jure status could have only kicked in if the then existing legal order was discontinued and a new legal order was established. This must be so as a usurper regime cannot be legitimate under the original constitution. It was noted by the courts that the constitution was merely suspended with no other constitution taking its place. The legal order was therefore preserved. Moreover, de jure status must be determined in accordance with municipal (local) law, and in order to attach that status to a usurper regime, that regime must be legitimated either by general elections or by referendum. This situation was non-existent in the Grenada case.

One may therefore ask the question: was the historic occurrence in Grenada on 13 March 1979 a revolution or a mere coup d’état? A revolution may be defined as a complete overhaul of the existing legal order giving rise to a completely new one which is by and large endorsed by the bulk of the population. A coup d’état may be defined as an unconstitutional seizure of governmental power with or without the use of force. It is to be noted however, that an initial coup d’etat could give rise to a revolution.

In 1977 a coup d’état occurred in the Seychelles located in the Indian Ocean. A new Constitution was adopted, and general elections were held which the usurper regime won. The court held (Valabhajji v Controller of Customs, 1980) that a new legal order was created because the populace had given the original usurper regime legitimacy and validity. A successful revolution therefore had taken place in the Seychelles. Did the initial coup d’état in Grenada give rise to a revolution?

It is posited therefore that what occurred in Grenada on 13 March 1979 was not a successful revolution but a mere coup d’état. This coup d’état did not give rise to a revolution as Grenadians were not given the opportunity to legitimize and validate the usurper regime either by way of general elections or by referendum. There is no evidence to support a claim that the bulk of the population endoresed the usurper regime.

NOW Grenada is not responsible for the opinions, statements or media content presented by contributors. In case of abuse, click here to report.

Tags: constitutioncoupcourtgrenadalawrence josephprgrevolution
Next Post
PetroCaribe to Launch LPG Gas

PetroCaribe to Launch LPG Gas

Comment on story Cancel reply

Please enter your valid email address.
Your email address will not be published. Required fields are marked *

This site uses Akismet to reduce spam. Learn how your comment data is processed.

Home Sidebar NP 300x250

© NOW Grenada. All Rights Reserved. Published by Aqua Design Inc. | Terms of Use | Privacy Policy

No Result
View All Result
  • Front Page
  • Categories
    • General News
      • All
      • Agriculture & Fisheries
      • Arts & Culture
      • Business
      • Education
      • Environment
      • Health
      • History
      • Lifestyle
      • Law
      • Politics
      • Technology
      • Travel & Tourism
      • Weather
      • Youth
    • Sports
      • All
      • Athletics
      • Cricket
      • Football
      • Watersports
    • Community
      • All
      • Tribute
    • Crime
    • Features
      • All
      • Today in History
    • Opinion/Commentary
    • Press Releases
      • All
      • Advertisements
      • Notices
  • Video
  • Notices & Vacancies
  • Advertise
  • Contact Us

Copyright NOW Grenada

We are using cookies to give you the best experience on our website.

You can find out more about which cookies we are using or switch them off in settings. Visit our Privacy Policy | Terms of Use.

NOW Grenada
Powered by  GDPR Cookie Compliance
Privacy Overview

This website uses cookies so that we can provide you with the best user experience possible. Cookie information is stored in your browser and performs functions such as recognising you when you return to our website and helping our team to understand which sections of the website you find most interesting and useful. Visit our Privacy Policy | Terms of Use.

Strictly Necessary Cookies

Strictly Necessary Cookie should be enabled at all times so that we can save your preferences for cookie settings.

If you disable this cookie, we will not be able to save your preferences. This means that every time you visit this website you will need to enable or disable cookies again.