Public and Constitutional Law in Trinidad and Tobago: Your Rights and How to Enforce Them

When the State Gets It Wrong

Most legal disputes are between private parties — neighbours, business partners, spouses. But some of the most significant legal matters involve the State itself: a government agency that makes an unlawful decision, a public body that acts outside its powers, or the police who arrest and detain someone without legal justification.

These are matters of public law — and in Trinidad and Tobago, the legal framework for challenging them is well established, even if most citizens do not know it exists.

This article explains what public law covers, what rights the Constitution of T&T protects, how judicial review works, and when you need an attorney experienced in this area.

What Public Law Covers

Public law is the body of law that governs the relationship between the individual and the State. It includes three main areas:

Constitutional law — the rights and protections guaranteed by the Constitution of the Republic of Trinidad and Tobago 1976, and the legal mechanisms for enforcing them.

Administrative law — the rules that govern how public authorities (government ministries, statutory bodies, licensing boards, planning authorities) must exercise their powers, and how their decisions can be challenged when they get it wrong.

State liability — the circumstances in which the State, including the police service and government agencies, can be sued for causing harm to individuals.

Your Constitutional Rights Under the 1976 Constitution

The Constitution of the Republic of Trinidad and Tobago 1976 is the supreme law of the country. All other legislation and government action must be consistent with it. Chapter 1 of the Constitution sets out fundamental rights that every person in T&T is entitled to, including:

• The right to life, liberty, security of the person, and enjoyment of property
• The right to equality before the law and the protection of the law
• Freedom of thought and expression
• Freedom of movement
• Freedom from arbitrary arrest and detention
• Protection from discrimination on grounds of race, origin, colour, religion, or sex

These rights are not merely aspirational. They are legally enforceable. Under section 14 of the Constitution, a person whose fundamental rights have been breached can apply to the High Court for a constitutional motion. The court has the power to award damages, make declarations about the unlawfulness of the conduct, or grant injunctions to stop unlawful action.

Judicial Review: Challenging Government Decisions

Judicial review is the process by which the High Court reviews the lawfulness of decisions made by public authorities. It is not an appeal — the court is not asking whether the decision was the right one, but whether it was made lawfully.

The main grounds for judicial review are:

• Illegality — the public body acted outside the legal powers granted to it, or misinterpreted the law it was applying
• Irrationality — the decision was so unreasonable that no reasonable public authority could have made it
• Procedural impropriety — the public body failed to follow fair procedures, including failing to give a person a hearing before making a decision that affects them

Examples of decisions that may be subject to judicial review include: a planning authority refusing a permit in breach of its own policy; a licensing board revoking a licence without giving the holder an opportunity to respond; a government ministry dismissing an employee of a state body without proper process; or an immigration decision that was made without considering relevant evidence.

Timing is critical. Applications for judicial review in T&T must generally be made within three months of the decision being challenged. This deadline can be extended in limited circumstances, but courts are strict about delay in public law proceedings. If you believe a government decision has been made unlawfully, speak to an attorney without delay.

State Liability: When the Police or Government Causes Harm

The State can be sued in Trinidad and Tobago. Common claims include:

• Unlawful arrest and detention — where the police arrest someone without reasonable cause or detain them beyond the permitted period without charge
• Police brutality and excessive force — claims in assault, battery, or under the Constitution for violations of the right to security of the person
• Malicious prosecution — where a prosecution was initiated without reasonable grounds and with malicious intent
• Negligence by a state entity — where a government body or its employees cause harm through careless conduct

The Police Complaints Authority

The Police Complaints Authority (PCA) is a statutory body that investigates complaints against members of the Trinidad and Tobago Police Service. If you have a complaint about police conduct, you can report it to the PCA. However, the PCA investigation process is separate from a civil claim. Where you have suffered significant harm — including wrongful imprisonment or physical injury — a civil claim in the courts may be the more appropriate path to compensation. An attorney can advise on which route, or which combination of routes, is best suited to your situation.

Practical Examples of Public Law Matters

Martin George & Company has experience handling public law matters including:

• Challenging a wrongful dismissal from a state enterprise or statutory body where proper procedures were not followed
• Bringing a judicial review of a planning or licensing decision that was made unlawfully or without following the relevant policy
• Filing a constitutional motion after an unlawful arrest and detention by the police
• Advising on rights enforcement where a public authority has acted in a discriminatory or procedurally unfair manner

Why You Need an Attorney Experienced in Public Law

Public law matters are procedurally demanding. The deadlines are short, the applications are technical, and the courts expect a high standard of pleading. A constitutional motion that is filed incorrectly or late can fail on procedural grounds before the substance is ever considered.

Beyond procedure, these cases require a detailed understanding of the constitutional framework and the existing case law — including decisions from the Privy Council, which remains T&T's final appellate court. Experience in this area matters.

Contact Martin George & Company

If you believe a government authority has made an unlawful decision that affects you, or that your constitutional rights have been violated, contact Martin George & Company. We will assess your position, advise on whether judicial review, a constitutional motion, or a civil claim is the appropriate course of action, and act quickly to protect your rights within the applicable deadlines.