THE COMMONWEALTH CHARTER 10 YEARS ON: VALUES AND PRINCIPLES FOR PARLIAMENTS TO UPHOLD
CPC WORKSHOP F: 20 YEARS OF THE LATIMER HOUSE PRINCIPLES ON THE SEPARATION OF POWERS: IS IT WORKING? Panel Chair: Joy Burch, MLA, CPA Small Branches Chairperson and Speaker of the Legislative Assembly of the Australian Capital Territory Discussion Leaders: • Senator Hon. Nigel de Freitas, President of the Senate, Trinidad and Tobago • Senator H.E Wan Junaidi Tuanku Jaafar, President of the Senate, Malaysia • Senator Hon. Sue Lines, President of the Senate, Australia • Professor Hakeem Yusuf, Professor of Global Law, Derby University Facilitator: Jarvis Matiya (CPA Secretariat) Rapporteurs: Mr Daniel Tenkorang, Ms Olivia Asante, Mr Armiyau Khalilu-Rahman and Ms Annastecia Konadu Boah (Parliament of Ghana) This workshop session focused on the significance of the Commonwealth Latimer House Principles and examined strategies to strengthen the relationship among the three branches of government. It also highlighted best practices for embedding these Principles in Commonwealth Parliaments. For democracy to thrive, the Executive, the Legislature and the Judiciary must operate within their constitutional mandates. The Legislature makes laws, the Executive implements and the Judiciary, which is the final arbiter of a state, exercises the powers of adjudication and interpretation. The CPA Small Branches Chairperson, Joy Burch, MLA, Speaker of the Legislative Assembly of the Australian Capital Territory, chaired the workshop session and introduced the panellists. She also recalled the role of the CPA in drafting the Commonwealth Latimer House Principles with other Commonwealth organisations and the role that all Commonwealth jurisdictions have in implementing them. The first panellist, Senator Hon. Nigel de Freitas, President of the Senate of Trinidad and Tobago, examined the implementation of parliamentary democracy and the Commonwealth Latimer House Principles in Trinidad and Tobago. He stated that the Constitution as the fundamental and supreme law of the land establishes and defines the functions of the three branches of government, thereby ensuring their independent operation. He mentioned that the Commonwealth Latimer House Principles have been effective in preserving the Legislature's independence, its oversight role and its representative functions. He referred to a number of constitutional provisions in Trinidad and Tobago,
especially Article 55 which guarantees the freedom of speech of Parliamentarians during parliamentary proceedings. However, it must be stated that, although this freedom as prescribed by the Constitution is well-intentioned from a privilege point of view, it must be exercised within the remit of the law. In addition to this constitutional freedom, Parliamentarians enjoy security of tenure, protection against expulsion and revocation of appointment. Nevertheless, in benchmarking the Principles against the Edinburgh Plan of Action for the Commonwealth, the President of the Senate of Trinidad and Tobago highlighted some challenges. The Edinburgh Plan calls for the remuneration of Parliamentarians to be determined independently. In the current dispensation, the Parliament of Trinidad and Tobago still relies on funding from the Executive, thereby compromising on its independence. Moreover, the Commonwealth has not met its goal of having at least 30% women in political and decision-making positions, as outlined in the Edinburgh Plan of Action. The discussion underscored the importance of enhancing gender diversity in government branches, aligning with Commonwealth standards. It was emphasised that while strict adherence to the separation of powers is mandated by the constitution, parliamentary oversight should be more robust. The effective discharge of this function serves as a check on the Executive. It also reduces the occurrence of arbitrary rule and leadership. Senator H.E. Wan Junaidi Tuanku Jaafar, President of the Senate of Malaysia, explained how Malaysia applies the Commonwealth Latimer House Principles. He outlined the role of Malaysia's three branches of government and the unique role of the Sultans in electing a Supreme King as head of state. He outlined that the Legislature has its own internal checks and balances but the Judiciary has the mandate to determine the constitutionality of the laws passed by the Legislature. One of the main challenges in Malaysia lies in the independence of the Judiciary as members of the bench are appointed by the Executive.
“For democracy to thrive, the Executive,
the Legislature and the Judiciary must operate within their constitutional mandates. The Legislature makes laws, the Executive implements and the Judiciary, which is the final arbiter of a state, exercises the powers of adjudication and interpretation.”
The Parliamentarian | 2023: Issue Four | 100 years of publishing | 359
