In constitutional law, a rule of thumb is that a right is inviolate and to diminish it requires a special majority vote in the Legislature unless the Constitution provides an allowance.
With the election to the THA, a member acquires a proprietary right to serve out a four year term under the THA Act unless this is diminished under the provisions of that law.
In the event of a stalemate as in the case of a tied election, the convention is that the elected and sworn Assemblymen can continue in executive power, as is the case, until the money voted for the administration of Tobago runs out. The doctrine of necessity would then become applicable with Central Government taking responsibility for administering the affairs of Tobago from Port of Spain.
In the interregnum, the national Parliament may amend the THA Act to break the deadlock and governance conundrum but only to the extent that it does not alter individual rights of anyone affected by such a measure.
As stated above, on election and taking of oath an Assemblyman acquires proprietary rights to serve out a four year term as a member of the Assembly. To alter this constitutional arrangement the Assemblyman must in relation to him give up the right by resigning, or the measure must be enacted by a three fifth’s vote in the Parliament.
I’ve heard the Attorney General advocate a simple amendment to increase the number of seats to fifteen by altering electoral boundaries. He is dead wrong and short sighted here for to do so would be to diminish the right of every Assemblyman to a one twelfth share in the power devolved upon the THA by law. Contrary to this wrong statement of law, his measure will require a special majority during the life of the Assembly.
The parliamentary Opposition will not support his proposed measure which is dead on arrival despite his public bravado.
The measure will be passed without the special majority, and struck down by the Privy Council as I do not expect the Archie Court to rule against the PNM government by holding the matter for filing until it falls for assignment to a ‘safe judge’ when it will be then received, filed, and so assigned. Such is the apparent modus operandi and abuse by systemic manipulation of the administration of justice in favor of government.
We are in a Trump-like governance period in Trinidad and Tobago and citizens need to be vigilant of back door horse-trading between different arms of the State. I was once in the system in both Executive and Judicial arms of the State, and seen it play out before my eyes as the so-called rotation system was manipulated to place politically sensitive matters before me, or have them removed from my adjudication.
God bless those of us with the fear only of God to continue keep the flame of truth alight.
Be guided accordingly.
Justice Herbert Volney (Emeritus)
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