Ramesh calls for a referendum of the draft constitution

Former attorney general Ramesh L. Maharaj has written to Prime Minister Patrick Manning suggesting that a referendum or election be held on the the proposed Constitution for Trinidad and Tobago. And he has threatened legal action if Manning refuses.

The Tabaquite MP said a vote on the matter is critical because the new Constitution proposed by Manning "would effect a radical change of the structure and form of government from a democratic government to a dictatorial government."

He said the Parliament does not have the authority to change the existing constitution "which is founded on democratic principles, the Rule of Law and the Separation of Powers to a dictatorial Constitution to give to an Executive President absolute State power."

Maharaj took issue with the present draft that provides for the existing prime minister to become the Executive President before the next general election, telling Manning, "This shows that it is your intention for the existing Parliament to vote to change of the existing Constitution."

He said the purpose of his letter is to get an undertaking "from you that this Draft Constitution would only become effective if the majority of the electorate in the country vote for it to be the new Constitution. This vote can be taken either by means of a Referendum or at a General Election held for that purpose."

He served notice that if he does not get such an undertaking he would file "public interest litigation" in the High Court against the Cabinet.

He said the legal action would seek to have the court "interpret the Constitution "and to rule whether you and your government are permitted to change by a Parliamentary vote the existing democratic Constitution to a new Constitution which does not have the protection and safeguards of the Rule of Law, the Separation of Powers and an Independent Judiciary."

He warned that, "Any such action on your part would amount to an abuse of public power" and requested that "within twenty one (21) days of this letter you inform us whether the policy of your government to change the existing Constitution for Trinidad and Tobago by a Parliamentary vote instead of the allowing the people to vote to approve such change."