Chief Justice Ivor Archie said on Friday contrary to opinions expressed in "uniformed circles," the Constitution of Trinidad & Tobago has not been suspended because the country is under a State of Emergency.
He was speaking at the opening of the 2011/2012 law term at the Hall of Justice.
Archie said the President has declared the State of Emergency in accordance with the Constitution. He added that the exercise of the emergency powers is subject to the Constitution.
"As a matter of fact, His Excellency the President has issued a Proclamation of a State of Emergency pursuant to the Constitution.
"It sounds a little obvious when one states it but clearly, the Constitution will not suspend itself. So that those provisions of the Constitution which protect and preserve our fundamental rights have not been suspended or pushed aside. What it does mean is that there are some temporary and limited restrictions on the exercise of some of those rights," Archie said.
The Chief Justice said citizens should be questioning how the country got to the point in which a State of Emergency had to be declared.
"It pains me to report that what I see and feel around me is an atmosphere of growing cynicism and distrust, even amongst the younger generation and who can blame them? What has happened to us?
"Over the years we have too often placed politics above statesmanship, personality above principle and sometimes, family and tribe before the nation," the Chief justice said.
Archie urged citizens to take the opportunity afforded by the emergency to do some self-examination.
"It is up to us to use any temporary respite or breathing space that the current situation allows, to look beyond the immediate imperatives and reflect and refocus. We must ask ourselves what sort of society we want to build. What are our core values," he said.
Archie stated that citizens have a right to expect the protective services to exercise appropriate restraint and use force only as is necessary and lawful, adding that the courts are the ultimate arbiter of what is Constitutional and lawful in the case of the arrest or detention of any person.
He was speaking at the opening of the 2011/2012 law term at the Hall of Justice.
Archie said the President has declared the State of Emergency in accordance with the Constitution. He added that the exercise of the emergency powers is subject to the Constitution.
"As a matter of fact, His Excellency the President has issued a Proclamation of a State of Emergency pursuant to the Constitution.
"It sounds a little obvious when one states it but clearly, the Constitution will not suspend itself. So that those provisions of the Constitution which protect and preserve our fundamental rights have not been suspended or pushed aside. What it does mean is that there are some temporary and limited restrictions on the exercise of some of those rights," Archie said.
The Chief Justice said citizens should be questioning how the country got to the point in which a State of Emergency had to be declared.
"It pains me to report that what I see and feel around me is an atmosphere of growing cynicism and distrust, even amongst the younger generation and who can blame them? What has happened to us?
"Over the years we have too often placed politics above statesmanship, personality above principle and sometimes, family and tribe before the nation," the Chief justice said.
Archie urged citizens to take the opportunity afforded by the emergency to do some self-examination.
"It is up to us to use any temporary respite or breathing space that the current situation allows, to look beyond the immediate imperatives and reflect and refocus. We must ask ourselves what sort of society we want to build. What are our core values," he said.
Archie stated that citizens have a right to expect the protective services to exercise appropriate restraint and use force only as is necessary and lawful, adding that the courts are the ultimate arbiter of what is Constitutional and lawful in the case of the arrest or detention of any person.
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