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Chief Justice (ag),China Jerseys Wholesale, Ian Chang, has found that Government’s expenditure of the $ 4.5 billion unapproved by the National Assembly last year, to be illegal.However, he declined to grant the conservatory order sought by the plaintiff, Opposition Leader David Granger, seeking to prevent the government from spending any further sums disapproved by the House.In his ruling, Chang went on to note that even though the expenditure of most of the disapproved programmes in 2014, not being for public service or for the services of the government would still not be authorized by Article 219 (3) or provisions of the Financial Management and Accountability Act 2013, the application for the conservatory order in the form applied for is “misconceived and must be dismissed.”The Chief Justice noted that the court cannot nullify or limit in any way whether directly or indirectly,Cheap Nike NFL Jerseys, the effect of the application of the constitution which it is sworn to uphold. “It is absolute that there can be no judicial subversion of the constitution directly indirectly or consequentially.”Chang clarified that another reason existed for his declining the conservatory order. He said the remedies hoped for through this action are “declaratory in nature and substance.”Last year, some $36.75B was disapproved by the Opposition-controlled National Assembly. The disapproved monies included some $1.3B from the Office of the President (OP) under its Administrative Services programme; $3.8B also from Office of the President for capital estimates also under Administrative Services; some $22B from Ministry of Finance; $1.1B from Ministry of Amerindian Affairs’ Development Fund; $6.78B from Ministry of Public Works capital works and $1.3B from the Ministry of Health’s Regional and Clinic.Finance Minister Dr. Ashni Singh subsequently admitted that some $4.5B had been spent for the period ended June 16, 2014.Opposition Leader,Cheap Jerseys Wholesale, David Granger had filed an application asking the court to declare that the National Assembly,Cheap NFL Jerseys, in keeping with Article 218 (2) of the Constitution, lawfully disapproved in the annual estimates of Revenue and Expenditure of 2014.In a ruling which was handed down yesterday, Justice Chang said that “the power of the Minister of Finance to authorize expenditure from the Consolidated Fund or the contingency fund is restricted not by the programmed disapproved by the Assembly in 2014, which there is no authorization in the spent Appropriation Act 2014 but rather by the limitations contained in the Article 219 (3) of the Constitution and in the provision of the Financial Management and Accountability Act.”Article 219 (3) states,NFL Jerseys Cheap, “Where at any time Parliament has been dissolved before any provision or any sufficient provision is made under the title For Carrying on the Government of Guyana,Wholesale China Jerseys, the Minister responsible for finance may authorize the withdrawal of such funds from the Consolidated Fund as he considers necessary for the purpose of meeting expenditure on public service….”The CJ said that it would be irrational for a conservatory order to be granted “until the hearing and determination of the substantive action” when no final enforceable order has been sought. Chang added that the court must consider that all the final orders sought are declaratory in nature and relate to past financial year 2014.He advised that a conservatory order must now (in 2015) relate strictly to future constitutional or statutory spending excess and not past excesses.The Chief Justice said if the order was granted it would in effect be an injunction against Government spending permitted by the Constitution and the Financial Management and Accountability Act rather than a conservatory order against non-approved spending for the past financial year, one he noted as “a classic case of the grant of an injunction as a conservatory order.”Chang explained that for those reasons the application for an interlocutory conservatory order cannot be granted.Commenting on the outcome of the case, Attorney-at-Law Basil Williams who is part of the legal team representing Granger explained, that the Conservatory Order was not granted since it would be an injunction against Government spending and the constitution allows for spending for the first four months of the year (2015).“But that expenditure is limited to 1/12 of last year‘s budgetary estimates. They cannot spend from the $ 37 billion which was not approved.”A Partnership and National Unity (APNU), Carl Greenidge, said that the decision is a good one since it tells that the Minister of