Do We Have True Separation of Powers in Trinidad and Tobago?
DO WE HAVE TRUE SEPARATION OF POWERS IN TRINIDAD AND TOBAGO?
Power tends to corrupt, and absolute power corrupts absolutely! (Lord Acton, 1834-1902).
This phrase aptly demonstrates the reason for the separation of powers, which is meant to prevent abuse of power in a democracy and preserve each and every citizen’s rights through the division of government responsibilities into distinct branches, averting one branch from gaining absolute power or abusing the power they are given. The intent is to avoid the concentration of power and provide for checks and balances. Though it can be traced as far back as ancient Greece, the first modern interpretation of the separation of powers was introduced by the French enlightenment writer Charles Montesquieu in De L'Esprit des Lois (The Spirit of the Laws) in 1748. He believed that for liberty and freedom to be maintained a safeguard against centralisation of power in one person should be provided. Montesquieu wrote that a nation's freedom depended on the three powers of governance - legislative, executive and judicial – and that these three powers must be separate and act independently to effectively promote liberty. This principle has been widely used in the development of many democracies since that time. The question is asked though: ‘Is the separation of powers truly separate?’ This essay would be focussing on the separation of powers in Trinidad and Tobago and the question of whether there exists true separation of powers in this country. For this purpose we will also examine the differences of the Unitary and Federal State and will be using the USA as an example of a Federal State.
Trinidad and Tobago is a Unitary State governed by a democratic system. Unitary States exists in homogenous societies; there is one central government and all taxes goes back to the central government; one law making body and the laws made applies to the entire State. It is a single state. Federal states consists of a
Power tends to corrupt, and absolute power corrupts absolutely! (Lord Acton, 1834-1902).
This phrase aptly demonstrates the reason for the separation of powers, which is meant to prevent abuse of power in a democracy and preserve each and every citizen’s rights through the division of government responsibilities into distinct branches, averting one branch from gaining absolute power or abusing the power they are given. The intent is to avoid the concentration of power and provide for checks and balances. Though it can be traced as far back as ancient Greece, the first modern interpretation of the separation of powers was introduced by the French enlightenment writer Charles Montesquieu in De L'Esprit des Lois (The Spirit of the Laws) in 1748. He believed that for liberty and freedom to be maintained a safeguard against centralisation of power in one person should be provided. Montesquieu wrote that a nation's freedom depended on the three powers of governance - legislative, executive and judicial – and that these three powers must be separate and act independently to effectively promote liberty. This principle has been widely used in the development of many democracies since that time. The question is asked though: ‘Is the separation of powers truly separate?’ This essay would be focussing on the separation of powers in Trinidad and Tobago and the question of whether there exists true separation of powers in this country. For this purpose we will also examine the differences of the Unitary and Federal State and will be using the USA as an example of a Federal State.
Trinidad and Tobago is a Unitary State governed by a democratic system. Unitary States exists in homogenous societies; there is one central government and all taxes goes back to the central government; one law making body and the laws made applies to the entire State. It is a single state. Federal states consists of a
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