Omar Bennett
The Constitution of Trinidad and Tobago was drafted by Prime Minister Dr. Eric Williams and was passed by both houses of Parliament on 26 March 1976. The new constitution was adopted on 1 August 1976, when Trinidad and Tobago became a republic within the Commonwealth, marking a significant shift in the country's political system. The constitution outlines fundamental rights and freedoms, including equality regardless of race, origin, colour, religion, or gender, and it establishes the role of the president as the head of state and commander-in-chief of the armed forces.
| Characteristics | Values |
|---|---|
| Year written | 1976 (revised in 2007) |
| Date of adoption | 1 August 1976 |
| Writer | Prime Minister Dr. Eric Williams |
| Head of State | President |
| Current President | Christine Kangaloo |
| Previous Heads of State | Ellis Clarke, Noor Hassanali, Arthur N.R. Robinson, Anthony Thomas Aquinas Carmona, Paula-Mae Weekes |
| Equality | Regardless of origin, gender, skin colour, religion, or race |
| Citizenship | Acquired by birth, descent, or registration |
| Territory | Islands of Trinidad and Tobago, their seabed and subsoil, and any former dependencies |
| Law | The Constitution is the supreme law, and any other law that is inconsistent with it is void |
| Powers of the President | Dismissal of the prime minister, dissolution of parliament, removal of a judge, negotiation and ratification of treaties, accreditation of ambassadors, appointment of senators |
| Economic System | The operation of the economic system should result in the distribution of material resources for the common good, with adequate means of livelihood for all and no exploitation of labour |
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What You'll Learn
The 1976 Constitution
In terms of citizenship, the Constitution provides a clear framework. It ensures that those who were citizens under the former Constitution or acquired citizenship through the Trinidad and Tobago Citizenship Act of 1962 would continue to be recognised as citizens under the new Constitution. Additionally, individuals born in Trinidad and Tobago after the Constitution's commencement automatically become citizens by birth.
The Constitution also defines the territorial extent of Trinidad and Tobago, encompassing the islands of Trinidad and Tobago, along with any territories that were dependencies before 31 August 1962, including their territorial seas and continental shelves.
The role of the president is another key aspect of the 1976 Constitution. The president has executive powers, including the ability to dismiss a prime minister, dissolve parliament, and remove a judge in exceptional circumstances. They are responsible for appointing the prime minister, other ministers, and senators, while also playing a crucial role in foreign affairs by accrediting diplomats, negotiating and ratifying treaties, and representing the state internationally.
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Dr. Eric Williams
Dr. Eric Eustace Williams, born on September 25, 1911, in Port of Spain, Trinidad and Tobago, was the first Prime Minister of the republic of Trinidad and Tobago. He was also a renowned Caribbean historian and scholar, most notably recognised for his book 'Capitalism and Slavery'.
Williams played a pivotal role in the independence of Trinidad and Tobago. On January 15, 1956, he founded his own political party, the People's National Movement (PNM), which led the country to majority rule on October 28, 1956. The PNM dominated post-colonial politics, and in the 1961 elections, it secured 57% of the votes and 20 out of 30 seats. This significant majority empowered the PNM to draft the Independence Constitution without input from the DLP (Democratic Labour Party).
Despite opposition from the DLP, which accused the PNM of attempting to disenfranchise illiterate rural voters, Williams successfully negotiated with the DLP leader, Rudranath Capildeo. This resulted in strengthened rights for the minority party and an expansion of the number of Opposition Senators. Consequently, on August 31, 1962, Trinidad and Tobago gained independence from colonial rule.
On June 13, 1975, Prime Minister Dr. Eric Williams introduced the draft constitution of the republic in Parliament. The Constitution of the Republic of Trinidad and Tobago Act was passed by both houses of Parliament on March 26, 1976. The new constitution was adopted on August 1, 1976, marking Trinidad and Tobago's transition to a republic within the Commonwealth, with a president as its head of state. This constitution superseded previous laws, asserting its supremacy and voiding any inconsistent legislation.
Dr. Williams' legacy is honoured through the Eric Williams Memorial Collection (EWMC) at the University of the West Indies in Trinidad and Tobago. The collection comprises his library, archives, and memorabilia, reflecting his contributions as a scholar, politician, and international statesman.
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Republican Constitution
On 13 June 1975, Prime Minister Dr Eric Williams laid the draft constitution of Trinidad and Tobago's republic in Parliament. The Constitution of the Republic of Trinidad and Tobago Act was passed by both houses of Parliament on 26 March 1976. The new constitution was adopted on 1 August 1976, marking the country's transition to a republic within the Commonwealth. Trinidad and Tobago's republican constitution outlines the nation's core principles, territorial boundaries, citizenship criteria, and the role and powers of the president as head of state.
The republican constitution establishes Trinidad and Tobago's commitment to fundamental human rights and freedoms, social justice, and a reasonable standard of living for all its citizens. It guarantees equality for its citizens, regardless of race, origin, colour, religion, or gender. The constitution also defines the nation's territorial extent, encompassing the islands of Trinidad and Tobago, along with their territorial seas and continental shelves, and any territories that were dependencies before 31 August 1962.
Citizenship provisions in the constitution ensure continuity for those who were citizens under the former constitution. It also outlines that individuals born in Trinidad and Tobago after the constitution's commencement automatically become citizens at birth. The constitution outlines the role of the president, who is the head of state, commander-in-chief of the armed forces, and the repository of executive authority. The president is responsible for appointing the prime minister, other ministers, and senators, and has the power to dismiss the prime minister, dissolve parliament, and veto bills passed by Parliament.
The president also plays a crucial role in foreign affairs, accrediting ambassadors and diplomats, negotiating and ratifying treaties, and representing the state internationally. Additionally, the president has a ceremonial role, including presenting honours and awards, hosting functions, and participating in official ceremonies. The president is elected by the Electoral College, comprising senators, the speaker, and members of the House of Representatives, and holds office for a term of five years.
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Constitutional reform
The Constitution of Trinidad and Tobago was drafted by Prime Minister Dr. Eric Williams and passed by both houses of Parliament on 26 March 1976. The new constitution was adopted on 1 August 1976, marking the country's transition to a republic within the Commonwealth, with a president as its head of state. This constitution superseded the previous one, which was likely formulated when the country gained independence from British rule in 1962.
The 1976 Constitution outlines the fundamental rights and freedoms of citizens, including equality regardless of race, origin, colour, religion, or gender. It also establishes Trinidad and Tobago's territorial boundaries and asserts its supremacy over other laws within the nation.
Since its inception, the Constitution of Trinidad and Tobago has likely undergone revisions and reforms to address evolving societal needs and political changes. Here are some key aspects of constitutional reform in Trinidad and Tobago:
Republic Status and Presidential Powers: One of the significant constitutional reforms in Trinidad and Tobago's history was the transition to a republic within the Commonwealth. On 12 December 1969, the Prime Minister proposed the consideration of becoming a republic, leading to the appointment of a joint select committee. This process culminated in the 1976 Constitution, which abolished the monarchy and the post of governor-general, replacing it with a presidential system. The president holds executive powers, including the appointment of the prime minister, other ministers, and senators, as well as the ability to dismiss the prime minister and dissolve parliament in exceptional circumstances.
Citizenship Provisions: The 1976 Constitution also addressed citizenship provisions, ensuring continuity for those who were citizens under the previous constitution and establishing criteria for acquiring citizenship by birth or descent.
Human Rights and Social Justice: The Constitution affirms the nation's commitment to fundamental human rights and freedoms, including the right to a reasonable standard of living, prohibition of slavery, and equality for all citizens. It emphasises the dignity of the human person and the belief in social justice, advocating for an economic system that distributes resources for the common good and provides adequate means of livelihood.
Parliamentary Processes: The Constitution outlines the roles of the president, the Senate, and the House of Representatives in the legislative process. While the president's role is largely ceremonial and representative, they possess the significant power to veto bills passed by Parliament and assent to or withhold their assent from bills, impacting their enactment into law.
International Relations: The president plays a crucial role in international relations, accrediting ambassadors and receiving foreign diplomats. They negotiate and ratify treaties, alliances, and international agreements, as well as issuing credentials for the nation's ambassadors and consuls when they visit foreign nations.
As Trinidad and Tobago continues to evolve as a nation, further constitutional reforms may be proposed and implemented to reflect the changing needs and aspirations of its people, ensuring that the constitution remains a living document that adapts to the demands of a modern democracy.
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Citizenship
The Constitution of Trinidad and Tobago was drafted by Prime Minister Dr. Eric Williams and was laid in Parliament on 13 June 1975. The Constitution of the Republic of Trinidad and Tobago Act was passed by both houses of Parliament on 26 March 1976.
The Constitution outlines the rules regarding citizenship of Trinidad and Tobago. Firstly, anyone who was a citizen by birth or descent under the former Constitution and has not ceased to be a citizen, remains a citizen under the new Constitution. Additionally, anyone who acquired citizenship through registration or the Trinidad and Tobago Citizenship Act of 1962, and has not ceased to be a citizen, continues to be a citizen under the new Constitution.
Furthermore, the Constitution states that every person born in Trinidad and Tobago after the commencement of the new Constitution shall become a citizen at birth, with certain exceptions. This ensures that those born in the country after it became a republic in 1976 are automatically granted citizenship.
The Constitution also provides for a path to citizenship through registration. This includes individuals who were citizens of the United Kingdom and Colonies immediately before Trinidad and Tobago became independent and had a specific connection to the country, such as being born, residing, or having a parent or grandparent born in Trinidad and Tobago.
The Constitution guarantees equality for all citizens of Trinidad and Tobago, regardless of race, origin, colour, religion, or sex. It affirms the fundamental human rights and freedoms of its citizens, including the right to a reasonable standard of living, prohibition of slavery, and respect for human dignity.
Trinidad and Tobago's Constitution also outlines the territorial scope of its citizenship. It includes the islands of Trinidad and Tobago, along with any territories that were dependencies before 31 August 1962, encompassing the territorial sea and continental shelf as defined by the respective Acts of 1969.
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Frequently asked questions
Prime Minister Dr. Eric Williams laid the draft constitution of the republic in Parliament on June 13, 1975.
The Constitution of the Republic of Trinidad and Tobago Act was passed by both houses of Parliament on March 26, 1976.
Trinidad and Tobago became a republic within the Commonwealth on August 1, 1976, when the new constitution was adopted.
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