Public, Administrative & Constitutional Law

When the state acts against you — through a regulatory decision, an administrative action, or conduct that threatens your constitutional rights — you need a constitutional-law attorney in Trinidad and Tobago with the experience and the preparation to mount an effective challenge. Public-law matters are distinct from ordinary private disputes because the other side is a public body or the state itself, the procedural rules are specific, and the relief available — including declarations, orders of certiorari, mandamus, prohibition, and constitutional remedies — requires a different legal framework from a civil claim between private parties. At Martin George & Company, public, administrative, and constitutional law has been a part of the firm’s practice since its founding, and we bring serious capability to these matters.

Judicial review is the primary mechanism by which the courts supervise the exercise of public power, and is governed by the Judicial Review Act, Chapter 7:08 and Part 56 of the Civil Proceedings Rules 1998. Where a public authority has made a decision that is illegal (no power to make it), procedurally unfair (failure to give a hearing, breach of natural justice), unreasonable (Wednesbury irrational), in breach of a legitimate expectation, or otherwise ultra vires, judicial review may be available. The application must be made promptly and in any event within three months of the date the grounds first arose. Delay is one of the most common reasons applications are refused — even where the underlying decision was genuinely wrong. This is not an area where waiting to see what happens is a safe approach.

Constitutional motions are brought under section 14 of the Constitution of the Republic of Trinidad and Tobago, which gives the High Court original jurisdiction to hear claims that the fundamental rights and freedoms protected by sections 4 and 5 of the Constitution have been infringed or are likely to be infringed by state action. These rights include the right to life, liberty, security of the person, equality before the law and protection from discrimination, the right to a fair hearing within a reasonable time, freedom of conscience and religion, freedom of expression, and freedom of association. Where the state’s conduct engages one of these rights, a constitutional motion may be the right route — though the courts may decline to hear a constitutional motion where another adequate remedy (such as judicial review or a statutory appeal) is available.

Habeas corpus applications — urgent applications to produce a person before the court where they are being held without lawful authority — also fall within this practice area. Freedom of Information applications, where a public body has refused access to documents or information it is required to disclose under the Freedom of Information Act, Chapter 22:02, are similarly part of this service line. Statutory appeals from regulatory bodies (the Environmental Commission, the Equal Opportunity Tribunal, professional disciplinary bodies, and others) require careful navigation of the relevant statutory framework and are also handled within this practice.

Services in this practice area

• Constitutional Motions
• Judicial Review
• Administrative Law
• Public Law
• Human Rights Applications
• Challenges to Government Decisions
• Declarations and Orders against public authorities
• Freedom of Information
• Habeas Corpus
• Fundamental Rights and Freedoms under the Constitution of Trinidad and Tobago

When you consult with us on a public law matter, the most important information you can provide is the specific decision or action that has affected you, the date it was taken or communicated, and any correspondence, notices, or documents from the public authority involved. The sooner we receive that information, the more options remain available. Public law remedies are often time-sensitive, and the window for challenging a decision or seeking interim relief can close faster than clients expect. Bring everything you have been given in writing by the relevant authority, along with any internal appeals or complaints you have already made and the responses received.

Our approach to public, administrative, and constitutional law is analytically rigorous and strategically minded. These cases require not only a sound understanding of the legal principles involved but also an awareness of the procedural pathways available in Trinidad and Tobago, and the practical considerations that affect whether a challenge is likely to succeed and on what grounds. We are direct about the strength of the legal position and clear about what the likely range of outcomes is before a client commits to a course of action. Individuals, businesses, office holders, and regulated entities across Trinidad and Tobago who are facing state action or official decision-making that affects their rights or operations are welcome to consult with us.

Further reading at law.martingeorge.net

For deeper background on T&T constitutional and public law, see the firm’s legal education site:

• The Constitution of Trinidad and Tobago Part 2: Bill of Rights and Separation of Powers
• State of Public Emergency in Trinidad and Tobago: Constitutional Framework, Powers and Limits
• How International Treaties Become Law in Trinidad and Tobago
• The Tobago House of Assembly: Autonomy and Constitutional Status in Trinidad and Tobago
• Parliamentary Privilege in Trinidad and Tobago: How Section 55 and the Powers and Privileges Act Protect MPs, Senators and THA Members
• Public Procurement Law in Trinidad and Tobago: Bidder Rights, Tender Procedures, and the OPR