The ultimate sin today is criticising a group, especially on moral grounds. We live in a nihilistic post-shame era. There are no permanent standards, just the shifting judgment of the crowd. We have a culture of oversensitivity, overreaction and frequent moral panics, during which everybody feels compelled to go along. …
Read More »LATT: Police are ‘enforcing law which does not exist’—secret and public exchanges on roadblocks
“[…] All of these are instances of police officers enforcing a law which does not exist. There is no law which says you cannot be on the road after 8pm, no law which says you can only go to the grocery if absolutely necessary, no law which empowers the police …
Read More »Killing ants with sledgehammers: the problem with Interception of Communications amendments
On 4 February 2020, the Attorney General introduced the Interception of Communications (Amendment) Bill, 2020 (the ‘Bill’) in the Senate. The Bill has noble intentions, but as we all know the road to hell is paved with such intentions. The Bill seeks to amend the Interception of Communications Act by …
Read More »Daly Bread: So much of nothing; a week of ‘Blame Game’ from Hinds/Ramdial to Rowley/Archie
“With so much of everything how do we leave with nothing?” This question is asked in a multi layered (adults only) song called the ‘Blame Game’, a collaboration between John Legend and Kanye West, released in 2010. I came across this last Sunday on one of those Sunday mornings when …
Read More »Did the Prime Minister act fairly? Crowne explains why he backs Rowley on Archie issue
“The Prime Minister’s decision to refer, or not refer, allegations to the President—who in turn is constitutionally charged with appointing a tribunal to formally investigate such allegations—is itself an intrusion into judicial independence and the usual separation of powers. “To then have a Court review the Prime Minister’s exercise of …
Read More »Dear Editor: T&T’s legal profession woefully short on ethics; pound home Her Excellency’s message
“Twenty years ago, the ‘Nolan principles’ in the UK sought to improve standards in public life. These seven principles are: Selflessness; Integrity; Objectivity; Accountability; Openness; Honesty; Leadership. At the time, these principles were revolutionary because they focused on behaviour and culture, rather than processes. “You’d be hard-pushed to find anyone …
Read More »Dear Editor: Resolving the concerns over the judiciary, Gafoor suggests mediation
“At stake here is the constitutional right to freedom of expression, which is ventilated not only during the Carnival season but is an entitlement which belongs to all citizens protected under the Constitution and the common law, subject only to the law of defamation or other statutory constraints…” In the …
Read More »Crowne: ‘Naïve, outdated and self-serving!’ Taking aim at ban on advertising legal services
“The prohibition of advertising serves only to restrict the information that flows to consumers… Advertising is the traditional mechanism in a free market economy for a supplier to inform a potential purchaser of the availability and terms of exchange. “[…] In the absence of advertising, an attorney must rely on …
Read More »Dear Editor: Prime Minister Dr Rowley has duty to trigger investigation into Chief Justice
“When a Minister (or Prime Minister) is asked to exercise his discretion to establish an inquiry (as you are being asked to do), he ‘must do so in a manner that conforms to basic public law principles of reasonableness and due consideration of relevant matters’. “There is a duty to …
Read More »Daly Bread: Commissioner Griffith, Chief Justice Archie and rationalising to death
A significant number of persons, including those who have deluded themselves, have written about the habit of rationalisation. Ayn Rand, the philosopher, wrote: “Rationalisation is a process of not perceiving reality, but of attempting to make reality fit one’s emotions.” It is too early to make an assessment whether Gary Griffith …
Read More »Crowne: Archie, the Privy Council, the Law Association and the way forward…
“On 11 December, a Special General Meeting has been convened to […] ‘consider the report of the Committee established to look into the allegations made against the Honourable Chief Justice and to direct Council as to the next steps, if any, which should be taken’—including a possible referral to the …
Read More »Crowne: AG Al-Rawi was out of line and unprofessional in response to Senator Hosein
“The Attorney General occupies the second or third highest office in our nation. To use that office to suggest that a fellow member of the legal profession be de-credentialed simply because he disagrees with their statement is appalling. “This is not about politics. It is about civility and basic professionalism.” …
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