Q:
What is a Constitutional Motion?
A:
According to section 14(1) of the Constitution of the Republic of Trinidad and Tobago, a “Constitutional Motion” is stated as
follows:
14.
(1) For the removal of doubts it is hereby declared that if any person alleges
that any of the provisions of this Chapter has been, is being, or is likely to
be contravened in relation to him, then without prejudice to any other action
with respect to the same matter which is lawfully available, that person may apply to the High
Court for redress by way of originating motion.
In layman terms, a Constitutional Motion is the legal proceedings that a citizen of
Trinidad and Tobago is entitled to bring against a party whom s/he believes has
infringed any or all of her/his Constitutional Rights, which are
listed under section 4 of the Constitution:
4.
It is hereby recognised and declared that in Trinidad and Tobago there have
existed and shall continue to exist, without discrimination by reason of race,
origin, colour, religion or sex, the following fundamental human rights and
freedoms, namely:
(a)
the right of the individual to life, liberty, security of the person and
enjoyment of property and the right not to be deprived thereof except by due
process of law;
(b)
the right of the individual to equality before the law and the protection of
the law;
(c)
the right of the individual to respect for his private and family life;
(d) the right of the individual to equality of treatment from any public authority in the exercise of any functions;
(d) the right of the individual to equality of treatment from any public authority in the exercise of any functions;
(e)
the right to join political parties and to express political views;
(f)
the right of a parent or guardian to provide a school of his own choice for the
education of his child or ward;
(g)
freedom of movement;
(h)
freedom of conscience and religious belief and observance;
(i)
freedom of thought and expression;
(j)
freedom of association and assembly; and
(k)
freedom of the press.
