Get Involved - A look at the draft Constitution
The much vaunted new Constitution has now been presented in draft format to the Parliament of Trinidad and
Though the draft paper has only recently been presented as the ‘white paper’, there is, with a general election looming on the horizon, the impetus for this draft to take the next step towards implementation as soon as possible, some expectations state a ‘green paper’ document before the end of 2006. Without the public interest, perusal and involvement it is all too possible that this 159 page document can be passed as the new Constitution of Trinidad and
The judiciary and Parliament itself has suffered the fate of ambiguous laws, drafts etc. that has restricted their ability to perform in the best interests of the nation, now we are confronted by a draft that contradicts the very purpose for which it was enacted, to restrict the considerable power that the political leader of T&T wields, in the hope of a more democratic process.
A look at the draft shows the favouring of the ‘Executive President’ model as we meander along the road to full Americanism in media, behaviour, thought, deed and now, governance. What this means is that we the public, will put all the power into one individual as this President will be leader of his political party, Head of the government and the Head of State. If you think that the current PM currently makes whimsical decisions without much opposition or regard for public opinion, what do you think will happen with a Constitution that grants almost total political power to an individual? Though the favoured practice of late is for our President to steer clear of all things Party-related, surely we all recognise the folly of eradicating the system of a separate Government and State.
Other points for major concern regarding the proposed Constitution would be the appointment of the Chief Justice by this President. Given the current situation between Mr. Manning and Mr. Sharma, one does not need to highlight the potential issue of a President choosing a leader of the judiciary that favours his or her desires. Effectively, this could lead to a President deciding upon which laws he will adhere to and which ones he will ignore. This type of system will even dwarf the burgeoning autocratic leadership that is raring its head in T&T.
Though there are many more points to be raised from this draft such as the eradication of the Cabinet sharing responsibility, therefore, accountability for government decisions, the PM has stated that there are more aspects that will reveal themselves as further examination of the document continues. However it is hardly likely that there will be any proposed solutions to outweigh the massive empowerment that the post of Executive President will produce.
It is quite confusing that Sir Ellis Clarke, the man that stated, in 2005 I believe, that the office of Prime Minister in Trinidad and Tobago holds too much power hence the need for a new Constitution, then produces a document that does the opposite to his observation. Though we are continually reminded that this is the first draft and it is now to be debated in Parliament, the general direction of this draft should give cause for concern to a public that already feel helpless when their government makes decisions in a dictatorial manner.
It is equally baffling that the purveyors of our news, the quality media, have not provided much comment or more importantly a breakdown of the major points of this draft. Not everyone has the access or will go to the Parliament website to look at the draft. One would have thought that the importance of such a document would entail a daily or weekly series dedicated to empowering the people of T&T with the knowledge of this draft along with comment and potential repercussions, be they positive or negative. It is part of the obligation of the media to enact this.
If copy can be given to the berating comments of members of the Opposition and the Government, surely this qualifies as a higher priority in the echelon of worthy news. I trust that my mild criticism will not deter you from the points listed above.
This draft has silently entered the door of Parliament but some of its intentions are quite loud and clear despite its infancy. The importance of this document means that the people of this nation need to understand its affect upon their rights and freedom and be involved in its development, otherwise like the majority of similar projects, we will continue to be distracted by other things and when the changes take place that leave us even more helpless and disenchanted we will wonder how and why we arrived there. The governance of a nation is important enough to garner your attention and your continued involvement, don’t you think?
Get involved.
http://www.ttparliament.orgSheldon Waithe
posted by Babash Media & Events at 16:14
9 Comments:
sheldon,
in response to your astute piece, i beg to differ. I think that the problem with trinidad has to do more with the people behind the scenes as opposed to any system of governance. i may not be best placed to judge because i am apolitical at the best of times. however, i still feel inclined to offer my ''two cents'' for all that we dislike about america, i actually think that their system of governance works quite well. a lot of that has to do with the time limits set on any given presidency. in countries that have a separate state and government, the head of state is merely cosmetic. the prime minister, despite not being the head of state, makes all the important decisions about the day to day running of the country. in other words, he makes the decisions that affect the man on the street. the head of state on the other hand seldom gets involved in anything meaningful; hence i ask: what is their purpose? look at trinidad's maxwell richards and queen elizabeth as two cases in point. apart from inspecting the independence day parade (something he even had diffuculty with this year) what other meaningful tasks are entrusted to him? likewise the queen. apart from opening the occasional hospital and the yearly address to the nation, it is widely known and accepted that her role is more ceremonial than anything else. most countries are more like america than they care to admit. trinidad's politics has since i have known it, always been a two horse race; akin to that of the republicans and the democrats. likewise, here in the UK with the labour party and the conservatives. despite the enormity of executive powers in the USA, the system still has its checks and balances in the form of a scrutinising bi-partisan congress. May i remind you that it was this same system that had Richard Nixon impeached in the Watergate scandal and Bill Clinton caught with his trousers down!! I cannot think of any other country off the top of my head that holds its leaders to account like america...the old biblical proverb applies...''TO WHOM MUCH IS GIVEN, MUCH IS REQUIRED!''
In concluding, I applaud you for your effort in stimulating this debate because i think that this is something that we sorely lack back home. nevertheless, until we can get a totally new breed of people contesting elections back home, things will more or less remain the same...whether we change system or not!!
PROPHET
holla at me with your riposte
September 02, 2006 6:54 pm
"i actually think that their system of governance works quite well" - you are joking right?
"despite the enormity of executive powers in the USA, the system still has its checks and balances in the form of a scrutinising bi-partisan congress" - Umm check and balances that have done what in the War on Terror except let this administration destablise the entire world for oil profits that line the pockets of president's family and friends.
"I cannot think of any other country off the top of my head that holds its leaders to account like america." - What!? You are living on this planet right? and you have been watching the last ten years with your eyes open.
Environmental destruction, 'crimes against peace,' pre emptive strikes, New Orleans, torture, increases in unemployment, capital punishment, cut backs in civil liberties, conservative fundamentalism, this list could go on and on. The US under Bush is none of the things you mention.
Sheldon is right to say we do not need a US style system. The current evidence as well as historical evidence shows that it is easily abused.
Read Eichmann in Jerusalem if you want a first hand account how systems of government can turn bumbling fools into towering leviathan's who have the power to destroy millions of lives.
Your last para is distinct to the rest of your post. maybe new types of people are needed but sheldon's point is even more valid then is it not?
September 03, 2006 6:33 pm
okay... what exactly is your point? that the Bush regime is hell bent on american domination of the world? that the bush administration uses torture, started an illegal war in Iraq, fosters capital punishment? that the bush administration is racist(as shown in its response to Katrina) Is that what you're trying to say?? Okay, i sure hope that i got YOUR point because you surely didnt get mine!!
maybe you're not as misinformed as you have come across and maybe some of it was lost in translation (things are interpreted a little differently here on Planet Venus)
but nevertheless...
you have confused an incompetent regime that has delusions of grandeur and a miskewed foreign agenda, with the entire american system of governance!! the neocons in the republican administration destabilising the world for oil etc, should not be confused with the system of government. you are so blinded by hate towards the bush regime that you have neglected to identify with the point i am making. this is and was not an endoresement of any one regime...it is an endoresement of a system of government...if you have an iota of sense, you will see the difference!! explain to me how the things that you have mentioned like katrina, the environment, torture, etc are a direct result of the system of government that america has? ... i didn't think you could!!
these are the result of electing an inadequate buffoon to the job!!
what we need to do is to see past the inadequacies of this administration and look at the system itself? do you get me? forget george bush, condi rice, donald rumsfeld et al and look at their system of the executive, the judiciary and the legistature and how they all tie in...
may i remind you that the UK was skipping hand in hand with Bush and his cohorts into Iraq. The torture you allude to at Guantanamo and other secret locations is condoned and i dare say even participated in by agents of H M Government!! How come the fool-proof system of government we have here involving a seaprate head of state and prime minister does not kick in??
besides, it is not only america that encorporates this system but several other countries do as well, including france and germany!! and neither of these went to war!!! in hindsight, it may have been better to use one of these as an example..you probably would have let me known what Chirac and Merkel have done to upset you too!!
i applaud you for highlighting to me the inadequacies of the Bush regime... the fact that i already knew of them is immaterial...they will come in handy if and when someone chooses to debate that particular topic...
until then...
September 04, 2006 3:27 pm
or yeah,
the role of the american congress or any other sovereign parliament is to act in the best interests of its own people...so, if the american congress ratifies bills which solely have america's interest at heart, then, be angry as we may, that is their job. if they decide not to sign up to kyoto or partake in unsubsidised farming, then they are acting in their people's best interest...it is not the role of the american congress to make decisions that the rest of the world is happy with. their role is to make sure that the president is acting in the country's best interest. we may seldom agree with their reasonsing but that is not their concern.
September 04, 2006 3:46 pm
by the way, i am the prophet...in case you were wondering!!
September 04, 2006 4:28 pm
Although I do not agree with a shift to a new system of governance in TnT I have to admit that the US model does incorporate a very strict set of "checks and balances". To address Dylan's concerns, a testiment to the fact that the US system works is that George Bush can not be re-elected when the next presidential election rolls around so his band of merry men will go back to their private lives as oil tyrants. And even if he were able to run again, his current job approval rating would almost guarantee that the Republican party pressure him into not being the primary candidate. The president's power is not limitless and can be he can be removed by acts of congress which can be called to parliment at any time. The system itself is not bad but the people who manage it and that goes to the Prophet's point about the people. I also agree that it is the people who are the problem and not so much the system.
September 04, 2006 6:05 pm
I hear you guys and perhaps first morning repsonse to blogs is not the smartest thing to do however that doesnt mean i agree with your follow up. You say "explain to me how the things that you have mentioned like katrina, the environment, torture, etc are a direct result of the system of government that america has? ... i didn't think you could!!" Before you answer for me, let me answer for me. The US system of government puts the power of 300 million people, with more money and arms than a good percentage of the world in the in of one man. I am not saying the british system is better or any other. I am more making a statement about the failure of democracy in the modern world to represent the people. Participatory democracy is a misnomer for the current US style of government - true participation needs more than bi annual participation.
Also the management of the US system allows for manipulation, let us not forget that Bush was not elected in the fair use way you seem to imply, he had less votes than Mr Kellogs Cereal. And many reports at the time spoke of mass disenfranchisment of voters in states that mattered, not to mention machines that had no paper trail and were build by companies that donated mney to the republican party. Also those that called the election in his favour were in his camp so to speak, all this may not to you seem to be about the system but actually it is - its shows how the system can be coerced if you have enough money, power and patronage, which is what would happen in T&T (and some would say already happens in T&T) if you went over to the presidential system.
The checks and balances you herald as being a saving grace are also easily manipulated by interest groups - has no one read the recent report on the way American Foregin Policy is shaped by Israeli pressure groups not becuase of some secret plan to take over the world but rather becuase these groups are best at manipulating the pressure groups ethos on Capitol Hill. In a presidential system the is less room for debate - the president has vetos, he (will it ever be a she?) can appoint judges to life terms and slant the entire balance of the judiciary to their own point of view even if they did not possess the electoral majority.
this debate could go on and on. I think we must beg to differ. making Trinidad more like the US is a recipe for disaster. We have so much money now $80 a barrell people why not say up yours the US and up yours the UK and come up with system designed with are own indigenous ideas and make up in mind. we are one of the few countries in the world able to do this now.
Also a final point regarding the two terms idea. When Bush 's cousin Jeb becomes president at the next election or possibly the one after, will that not count as Bush dynasty, or will they really give you some thing different? If you are not a part of the two party system here - that means if you are not a registered voter you cannot vote in the primaries for the next party candidate. this system is constantly going to produce more of the same but a little more agressive as the US power slowly erodes in the face of other powerful nations China, the EU possibly, Venezuela and Iran sayin up yours. Why support and herald a system that really must be in decline now or if not very soon.
Sorry about the tone of first reply. Im always grumpy at that time
In terms of the actual system, the presidential system
September 04, 2006 7:24 pm
Dylan, firstly, there is no need to ever apologise for tone on our site, this is what we want and encourage passionate discussion. This will help all views to be expressed in a constructive way.
Next, as a person currently living in the US, I do not agree with MANY of the things that go on with current US politics. The previous US presidential election was a farce. Again, those things you mentioned are more a result of politics than a direct result of the system of governance. No matter what system of governance you adopt you will still be at the mercy of politicians who seek to retain control. We have to remember that US society is based around one thing and that is money. Who has the most money can decide how everything goes. It is a fact of life. Your point about Bush being able to appoint judges for life, that is not strictly true. The president can make a recommendation and then leave it up to an "independant" senate sub-committee responsible for screening the nominee. The president, obviously has some influence in the matter but the nominee can and has been rejected in the past.
I do think that you are onto something with the idea of doing something different. What could this possibly be? What structure could work to be able to distribute power effectively? Could we possibly have 3 heads of state? All of whom have to agree in order for a motion to be ratified? I like our current parlimentary setup. I think that the current post of President should be removed, it serves no purpose other than giving pardons to persons attempting to forcibly overthrow the government. I like the idea of restricting the number of terms one can be leader (btw, Jeb is G.W.'s brother, not his cousin). I do not like the ability of the Executive President to choose the Chief Justice, I would prefer that the President be able to nominate someone but that person would still need to be approved by the senate and cabinet. I have to do some further reading of the document before I can make more suggestions.
Just to close out, the system of governance has nothing to do with the people who actually enact the rules. For instance, at its core, Socialism/Communism is not a bad idea but putting the control of everything in the had of one person is terribly wrong as has been proven by the person who have been in control of such systems. Capitalism is much better in that it at least allows for the illusion of choice. In the end we are all at the mercy of the politician.
September 05, 2006 12:12 am
FROM PROPHET:
fair enough sheldon and dylan...
i wasnt implying that we should adopt the US system wholesale...i was just looking for a case in point where a country with an elected head of state fares reasonably well in a democratic sense...as i have said, there are also other countries which employ this system of government and they too fare well. I hear the point that you guys are making however in that ''gopaul luck aint always seepaul luck!'' A system that works for the USA isn't necessarily guaranteed to work for us. nevertheless, i don't think that we should dismiss out-of hand the idea of an elected head of state. i still come back to my point about the relevance of a head of state in trinidad or in any other country for that matter where their role is nothing more than cosmetic...i still feel that an elected head of state would work well...provided that adequate ''checks and balances'' (there's that phrase again dylan!) are put in place.
this was really a stimulating debate on a topic of obvious importance to all trinis who care. this was why the progressive was set up in the first place and long may it continue.
i hope that you guys see this as an opportunity to contribute more regularly, as is only through motion and activity that change can be brought about...
keep up the good work everybody...one love
prophet
September 05, 2006 7:25 pm
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