Separation of Power Plays an Important Role in the Constitution of Trinidad and Tobago

Separation of Power Plays an Important Role in the Constitution of Trinidad and Tobago

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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 auth...


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... institutions is prevalent. This is where Constitutional Reform would aid in correcting procedural impropriety however the opposing argument is the possibility that a complete separation of the three branches could result in legal and constitutional deadlock. Trinidad and Tobago is yet to undergo constitutional reform due to this argument which in my opinion is void since Constitutional Reform would assist to some extent in separation of powers and the issues that may arise when trying to achieve complete separation of the institutions. In conclusion the separation of powers doctrine can be outlined in nearly the entire reading of the Constitution and remains a key feature and concern of the Republic of Trinidad and Tobago and however flawed in respect to modernization it still upholds the belief in democracy and maintains respect for lawfully constituted authority.

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