The Evolution of Government in Trinidad and Tobago

• Author: Kirk Meighoo/Peter Jamadar
• Profession: Member of the Democratic National Assembly and the author of Politics in a Half-Made Society: Trinidad and Tobago 1925?2002/Judge of the Supreme Court of Trinidad and Tobago and the author of The Mechanics of Democracy
• Pages: 35-74

The Evolution of Government in Trinidad and Tobago |35

The Evolution of

Government in

Trinidad and Tobago

How close is our system of government in Trinidad and Tobago to

the ideal of democratic self-government? In the last chapter, we concluded

that at the heart of democratic self-government sits an assembly of

citizens which is legitimate, conscientious, effective, fearless, free,

representative, autonomous, accountable, and responsible. In this

chapter, we evaluate our institutions of government not only as they

exist today, but as they have developed over time. In so doing, we

elaborate the logic behind the establishment and operation of our system

of government, discover our system’s weaknesses and strengths (according

to our understanding of democratic self-government), examine its

characteristics, and how and why it has changed (or not changed) over

time.

Is there an objective way to measure a strong parliament? M. Steven

Fish at the University of California at Berkeley has been conducting a

global survey of the power of national legislatures (Fish and Kroenig

2006). The survey is composed of 32 statements phrased in such a way

that that affirmation of the statement indicates greater, rather than lesser,

power for the national legislature. Thus, affirmation of each statement

would produce a score of 32, indicating an all-powerful legislature. A

very low score would indicate a weak legislature. How does our Parliament

score? The statements, with their answers for Trinidad and Tobago, are:

1.The legislature alone, without the involvement of any other

agencies, can impeach the president or replace the prime minister.

[No]

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36 | Democracy and Constitution Reform

2.Ministers may serve simultaneously as members of the legislature.

[Yes]

3.The legislature has powers of summons over executive branch

officials and hearings with executive branch officials testifying

before the legislature or its committees are regularly held. [No]

4.The legislature can conduct independent investigation of the

chief executive and the agencies of the executive. [No]

5.The legislature has effective powers of oversight over the

agencies of coercion (the military, organs of law enforcement,

intelligence services, and the secret police). [No]

6.The legislature reviews and has the right to reject

appointments to the judiciary; or the legislature itself appoints

members of the judiciary. [No]

7.The legislature’s approval is required to confirm the

appointment of individual ministers; or the legislature itself

appoints ministers. [No]

8.The legislature’s laws are supreme and not subject to judicial

review. [No]

9.Any executive initiative on legislation requires ratification or

approval by the legislature before it takes effect; that is, the

executive lacks decree power. [No]

10.The country lacks a presidency entirely or there is a presidency,

but the president is elected by the legislature. [Yes]

11.The legislature can vote no confidence in the government

without jeopardizing its own term (that is, without, the threat

of dissolution). [No]

The Evolution of Government in Trinidad and Tobago |37

12.The legislature is immune from dissolution by the executive.

[No]

13.Members of the legislature are immune from arrest and/or

criminal prosecution. [No]

14.Laws passed by the legislature are veto-proof or essentially veto-

proof; that is, the executive lacks veto power, or has veto power

but the veto can be overridden by a simple majority in the

legislature. [Yes in theory; but in practice No]

15.All members of the legislature are elected; the executive lacks

the power to appoint any members of the legislature. [No]

16.The legislature has a substantial voice in the operation of the

state-owned media. [No]

17.The legislature alone, without the involvement of any other

agencies, can change the Constitution. [Yes]

18.The legislature is regularly in session. [Yes]

19.Expenditure of funds appropriated by the legislature is

mandatory; the executive lacks the power to impound funds

appropriated by the legislature. [Yes in theory]

20.The legislature controls the resources that finance its own

internal operation and provide for the perquisites of its own

members. [Yes]

21.Each legislator has a personal secretary. [No]

22.Each legislator has at least one non-secretarial staff member

with policy expertise. [No]