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Separation Of Power Plays An Important Role In The Constitution Of Trinidad And Tobago

1347 words - 6 pages

The doctrine of separation of powers plays an important role from a constitutional perspective. In defining the term it can be seen within a vast multitude of legal text as the “constitutional principal limiting powers vested in an institution or person". The functions of governmental authority is divided into three categories; inspired by French jurist Montesquieu (1689- 1755), the legislative, executive and judiciary as separate branches exists in many countries.
In Trinidad and Tobago these branches are defined as the Legislative in the form of Parliament, the Executive as the Government and the Judiciary as the courts. Reflected by chapter 4 part I of The Constitution of the Republic of Trinidad and Tobago Act 4 of 1976, composition of parliament states that the parliament must consist of the President, Senate and House of Representatives. Therefore parliament as a whole has delegated responsibilities and is given special powers and privileges in order for its functionality to be effective. Section 75 (1) of Chapter 5 of the Republic of Trinidad and Tobago Constitution read as follows: " There shall be a cabinet for Trinidad and Tobago which shall have general direction and control of the government of Trinidad and Tobago and shall be collectively responsible therefore to Parliament" this gives parliament the authority of law making for good governance and order in the country and is possible because of its composition. The parliament of Trinidad and Tobago is ' bicameral' which means it is a mixed government which includes two branches or houses as a legislative body, which is the Senate and the House of Representatives.
Chapter 5 Section 74 (1) of the Constitution clearly reads, “The Executive authority of Trinidad and Tobago shall be vested in the President and subject to this constitution may be exercised by him either directly or through officers subordinate to him". As Chief of State the President represents the State at official ceremonies but his executive authority is largely fictional; the general control is vested collaboratively between the Cabinet and the Prime Minister. Important acts of the President can only be exercised as identified in 80 (1) ".... in accordance with the advice if Cabinet or a Minister acting under the general authority of the Cabinet". The Cabinet consists of elected members where its election principle includes the percentage of votes each candidate received in the last election. They are responsible for formulating methods to implement the laws passed by Parliament; however it is noteworthy that these elected members can be at any time dismissed by the Prime Minister.
The Judiciary of the Republic of Trinidad and Tobago is the last of the three mentioned arms of the state, it is headed by the Chief Justice, and the judiciary consists of the Supreme Court of Judicature, the Magistracy and the Privy Council. The Constitution seeks to ensure the independence of the Judiciary by...

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