Topic > The separation of powers plays an important role in...

The doctrine of separation of powers plays an important role from a constitutional point of view. In the definition of the term, it can be seen, within a vast multitude of legal texts, as the “principal restrictive constitutional powers conferred on an institution or person”. The functions of government authority are divided into three categories; inspired by the French jurist Montesquieu (1689-1755), the legislative, executive and judicial branches exist as separate branches in many countries. In Trinidad and Tobago these branches are defined as legislative in the form of Parliament, executive as government and judicial as courts As reflected in Chapter 4 Part I of the Constitution of the Republic of Trinidad and Tobago Act 4 of 1976, the composition of parliament states that parliament it must be composed of the President, the Senate and the House of Representatives, therefore the parliament as a whole has delegated responsibilities and special powers and privileges for its functionality to be effective. Article 75 (1) of Chapter 5 of the Constitution of the Republic of Trinidad and Tobago reads as follows: "There shall be a Cabinet for Trinidad and Tobago which shall have the general direction and control of the Government of Trinidad and Tobago and shall thereupon be collectively responsible towards Parliament", this gives Parliament the authority to legislate for good governance and order in the country and is possible due to its composition. The parliament of Trinidad and Tobago is "bicameral", which means that it is a mixed government comprising two branches or houses as a legislative body, namely the Senate and the House of Representatives. Chapter 5, Section 74 (1) of the Constitution clearly states, “Executive authority… at the heart of the charter… institutions are prevalent. This is where constitutional reform would help correct procedural irregularities, however the opposing argument is the possibility that a complete separation of the three branches could lead to a legal and constitutional stalemate. Trinidad and Tobago has yet to undergo constitutional reform due to this argument which in my opinion is hollow as constitutional reform would help to some extent the separation of powers and the issues that may arise when trying to achieve complete separation of institutions. In conclusion, the doctrine of separation of powers can be outlined in almost any reading of the Constitution and remains a key feature and concern of the Republic of Trinidad and Tobago and, however imperfect with respect to modernisation, still maintains the belief in democracy and the respect for legitimately constituted authority.