Constitutional rights and parliamentary privilege

Each person who identifies as a national, whether by birth or otherwise, is presumed to have affirmed the five principles of nationhood which allow for constitutionally protected rights, freedoms and enjoyment of same.

Our nation acknowledges supremacy of God, faith in fundamental human rights and freedom, the importance of family within a free society, dignity of the human person, and generally inalienable rights which define the human family.

Good governance requires that the principles of social justice are put into practice. The concern of government should be the equitable distribution of resources and opportunities, aimed at the reduction of poverty and its associated social ills. This is derived from the constitutional philosophy of nationhood that acknowledges the protection of human dignity and self-respect that defines the ambit of social justice.

Parliament has the power and privilege of making laws for the nation’s peace, order and good governance and is expected to ensure and protect basic rights and freedoms. It follows that parliamentary power should be limited to making laws that protect democracy and prevent the abuse of power. Currently, the question may be asked whether this is actually the case in TT .

Our human rights and fundamental freedoms exist and continue without discrimination by reason of race, origin, colour, religion or sex and should not be infringed upon by Parliament.

Critical to our nationhood is the fundamental right of each individual to life, liberty, security of the person and enjoyment of property. So too is the right to respect an individual’s private and family life. With these guarantees, no one should be homeless and without the amenities for basic subsistence.

The Human Rights Council observed breaches in the Government’s obligations to the nation to provide adequate housing, safe water and sanitation through State institutions. These are primary obligations of the State to the nation.

Is it that the Property Tax Act Chapter 76:04 enacted by Parliament and assented to by the President is a declaration of invalidity to the citizen’s right and freedom to enjoy property? A strict prohibition on parliamentary privilege is the making of any law that may abrogate, abridge, or infringe the recognised and declared property rights of our nation’s citizens.

Arbitrary interference with citizens’ privacy, property and family is prohibited, the Government is expected to exercise constitutional restraint in law-making.

If citizens are to be lawful, it is the duty of the State also to act lawfully, heeding the constitutional safeguards which limit excessive parliamentary privilege.

MARVIN RAMNARINE president, Pointe-a-Pierre Rotary Club