Tag Archives: judiciary

In response to several requests, I comment on the now established maladministration of the Ayers-Caesar situation and I also expand on the provisions of section 57 of the Constitution, to which I referred last week in connection with the introduction into the Cabinet of a new finance minister. Marcia Ayers-Caesar …

“[…] Both the Privy Council and the Court of Appeal noted that the motivations of the JLSC [in the Marcia Ayers-Caesar case] were not malign. “[…] In my view, reforms are needed of both the Constitution and the Judicial and Legal Services Act. The basis of the reforms must be …

Why has the perception of improper influence changed?  The main character in the recent television series The Diplomat asserts that “we exist in a marketplace of favours”. However, our marketplace is more tangled up than that. Last week’s column examined the recent recusals of two judges on account of family …

In what circumstances should the public become concerned about the appearance of potentially improper influence or access? This is the “how it go look” dilemma and it has been a significant part of the news cycle for the past fortnight. The dilemma arose first in the form of family connections …

“[…] As the calypsonian Luta said: ‘the system works for the rich, it holds no hope for the poor’. So miss we with talk about ‘bulwark of democracy’, ‘separation of powers’ and ‘sanctity of the process’. “[…] Are we to expect the Customs, Immigration, Police and parliamentarians to follow the …

“[…] The T&T constitution is defective in one important respect. Too much power of nomination and appointment resides in the premiership and presidency; and therein lies suspicions of cronyism. “The Constitution effectively leaves the lid of the cookie jar unsecured. It then seems to operate on the expectation that those …

When a public official who has undoubted legal power exercises that power, a question of the legitimacy of the exercise of that power can arise. Legitimacy concerns the exercise of legal power in a manner that is appropriate and justifiable and does not otherwise disturb the public conscience. Our governments …

I have a friend who I will call Jarndyce, to protect his identity and save him from victimization. His story is this. Jarndyce is in his sixties and suffered a major failure of his eyesight in January 2020 as a result of glaucoma, which is a clandestine destroyer of sight—because …

“[…] Access to justice is a human right and divorce is a basic exercise in access to justice. For many women, divorce is the only means by which to escape domestic violence or financial subjugation at the hands of a spouse. “[…] Adjournments or no shows of judges prolong the …

“[…] We should seek to establish an advisory committee comprising of eminent jurists and law enforcement officials from some [foreign] jurisdictions (possibly a five-member panel) to undertake a comprehensive review of our existing laws and other measures/practices in our criminal justice system. “[…] Accordingly, all crimes related to the illegal importation …

Nearly three months ago, in a column published on 5 September, I called on the Government to consider legislative options in the face of the Delta variant threat. I wrote as follows: ‘Given the low rate of vaccination, our population is wide open to death or hospitalisation from the Delta …

The swearing of an oath by our presidents is an expression of a specific intention to others. It is not limited to the moment when the person articulates the words. It commits to act in a certain way in the future.  This action is a deliberate exercise of one’s free …