Searchlight Logo
special_image

    • News
      • Front Page
      • News
      • Breaking News
      • Press Release
      • Features
      • Special Features
      • From the Courts
      • Sports
      • Regional / World
    • Opinions
      • Editorial
      • Our Readers’ Opinions
      • Bassy – Love Vine
      • Dr. Fraser- Point of View
      • R. Rose – Eye of the Needle
      • On Target
      • Dr Jozelle Miller
      • The World Around Us
      • Random Thoughts
    • Advice
      • Kitchen Corner
      • What’s on Fleek this week
      • Health Wise
      • Physician’s Weekly
      • Business Buzz
      • Hey Rosie!
      • Prime the pump
    • ePaper
    • Obituaries
      • In Memoriam / Acknowledgement
      • Tribute
    • Contact Us
      • Advertise With Us
      • Letters To The Editor
      • General Contact Information
      • Contact our Webmaster
    • About Us
      • Privacy Policy
      • Interactive Media Ltd
      • St. Vincent & the Grenadines
    • Subscribe
    • News
      • Front Page
      • News
      • Breaking News
      • Press Release
      • Features
      • Special Features
      • From the Courts
      • Sports
      • Regional / World
    • Opinions
      • Editorial
      • Our Readers’ Opinions
      • Bassy – Love Vine
      • Dr. Fraser- Point of View
      • R. Rose – Eye of the Needle
      • On Target
      • Dr Jozelle Miller
      • The World Around Us
      • Random Thoughts
    • Advice
      • Kitchen Corner
      • What’s on Fleek this week
      • Health Wise
      • Physician’s Weekly
      • Business Buzz
      • Hey Rosie!
      • Prime the pump
    • ePaper
    • Obituaries
      • In Memoriam / Acknowledgement
      • Tribute
    • Contact Us
      • Advertise With Us
      • Letters To The Editor
      • General Contact Information
      • Contact our Webmaster
    • About Us
      • Privacy Policy
      • Interactive Media Ltd
      • St. Vincent & the Grenadines
    • Subscribe
Guardians of fundamental rights and freedoms
Empowerment
November 23, 2021

Guardians of fundamental rights and freedoms

In St. Vincent and the Grenadines (SVG), we have what is known as the doctrine of separation of powers. This is a principle of good governance which is based on the rule of law and is an essential feature of our democratic society. This doctrine refers to the principal institutions of the state or arms of government (the legislature, the executive, and the judiciary) being clearly divided into separate branches in order to safeguard the rights and freedoms of citizens and to guard against tyranny.

The role of the legislature is to decide upon and enunciate policy. The role of the executive is to administer and implement that policy and the judiciary is empowered to review and strike down legislation that is inconsistent with SVG’s Constitution.

The doctrine of separation of powers prevents one individual or group of people from having the power to make law, to interpret and apply that law and to investigate and detect violations of that law. However, the doctrine as conceived in contemporary society does not always mean a complete separation between the different branches of government, as oftentimes this is impossible, not feasible or impractical.

There is often some overlap of powers and personnel, especially in relation to the legislature and the executive.

Unfortunately, there are many persons in society or persons in authoritative positions who do not always respect the rights and freedoms of others. Moreover, some laws currently exist in SVG or that were created which violate the rights and freedoms of others and/or are inconsistent with SVG’s Constitution. What can someone do who feels that their rights under SVG’s Constitution are being violated or are likely to be violated? They may go to the guardians of fundamental rights and freedoms, the judiciary, for redress.

According to section 16 of the SVG Constitution, “If any person alleges that any of the provisions of sections 2 to 15 inclusive of this Constitution has been, is being or is likely to be contravened in relation to him (or, in the case of a person who is detained, if any other person alleges such a contravention in relation to the detained person), then, without prejudice to any other action with respect to the same matter that is lawfully available, that person (or that other person) may apply to the High Court for redress”. If anyone is unsatisfied with the decision of the High Court, they may appeal the decision to the Court of Appeal of the Eastern Caribbean Supreme Court. If they are also dissatisfied with the decision of the Court of Appeal of the Eastern Caribbean Supreme Court, they may appeal the decision to the Privy Council, which is currently the highest court over St. Vincent and the Grenadines.

It is important that fundamental rights and freedoms should be protected by an impartial and independent judiciary. Although there is a close relationship between independence and impartiality, they are nevertheless separate and distinct values or requirements.

The Canadian case of Valente v R [1985] states that “Although there is obviously a close relationship between independence and impartiality, they are nevertheless separate and distinct values or requirements. Impartiality refers to a state of mind or attitude of the tribunal in relation to the issues and the parties in a particular case. The word “impartial”…connotes absence of bias, actual or perceived. The word “independent”…reflects or embodies the traditional constitutional value of judicial independence. As such, it connotes not merely a state of mind or attitude in the actual exercise of judicial functions, but a status or relationship to others, particularly to the executive branch of government, that rests on objective conditions or guarantees”.

Today, I encourage us to know more about our fundamental rights and freedoms under SVG’s Constitution, and the role of the judiciary in safeguarding those fundamental rights and freedoms.

Author: Jeshua Bardoo is a Vincentian Barrister-at-law and Solicitor. He is also the President of Equal Rights, Access and Opportunities SVG Inc. He can be contacted via email at jeshuabardoo@gmail.com

  • FacebookComments
  • ALSO IN THE NEWS
    Venezuelan Grassroots Organizations Express Support for Cuba
    News, Press Release
    Venezuelan Grassroots Organizations Express Support for Cuba
    Jada 
    May 29, 2026
    They condemn Washington’s military threats and call for an end to the U.S. blockade. This week, the Social Movements and Communes Council, an entity a...
    Venezuela Launches 2nd Phase of National Pilgrimage Against Sanction
    News, Press Release
    Venezuela Launches 2nd Phase of National Pilgrimage Against Sanction
    Jada 
    May 29, 2026
    Acting President Rodriguez calls for an end to U.S. and European sanctions. Venezuelan Acting President Delcy Rodriguez launched the second phase of “...
    President Maduro Sends a Message of Union and Hope to the Venezuelan People
    News, Press Release
    President Maduro Sends a Message of Union and Hope to the Venezuelan People
    Jada 
    May 29, 2026
    From the place where Trump’s government hold him hostage int the United States, the constitutional president of Venezuela Nicolas Maduro sent a messag...
    Venezuela Rejects Guyana Claims, Reiterates Esequibo Defense
    News, Press Release
    Venezuela Rejects Guyana Claims, Reiterates Esequibo Defense
    Jada 
    May 29, 2026
    Venezuela categorically rejected recent provocative statements made by Guyanese President Irfaan Ali during his nation’s 60th independence anniversary...
    Searchlight loses  stalwart  Renwick Rose
    Front Page
    Searchlight loses stalwart Renwick Rose
    Webmaster 
    May 29, 2026
    Sometime after 4:00 p.m on Wednesday, May 27, 2026, we received word that Renwick had passed to the great beyond. A Rose in name and existence had tak...
    Sweet-I struggles no more
    Front Page
    Sweet-I struggles no more
    Webmaster 
    May 29, 2026
    She was able to achieve her dreams of attending the St Vincent and the Grenadines Community College (SVGCC), and graduating from that institution, all...
    News
    Venezuelan Grassroots Organizations Express Support for Cuba
    News, Press Release
    Venezuelan Grassroots Organizations Express Support for Cuba
    Jada 
    May 29, 2026
    They condemn Washington’s military threats and call for an end to the U.S. blockade. This week, the Social Movements and Communes Council, an entity a...
    Venezuela Launches 2nd Phase of National Pilgrimage Against Sanction
    News, Press Release
    Venezuela Launches 2nd Phase of National Pilgrimage Against Sanction
    Jada 
    May 29, 2026
    Acting President Rodriguez calls for an end to U.S. and European sanctions. Venezuelan Acting President Delcy Rodriguez launched the second phase of “...
    President Maduro Sends a Message of Union and Hope to the Venezuelan People
    News, Press Release
    President Maduro Sends a Message of Union and Hope to the Venezuelan People
    Jada 
    May 29, 2026
    From the place where Trump’s government hold him hostage int the United States, the constitutional president of Venezuela Nicolas Maduro sent a messag...
    Venezuela Rejects Guyana Claims, Reiterates Esequibo Defense
    News, Press Release
    Venezuela Rejects Guyana Claims, Reiterates Esequibo Defense
    Jada 
    May 29, 2026
    Venezuela categorically rejected recent provocative statements made by Guyanese President Irfaan Ali during his nation’s 60th independence anniversary...
    Vincentian teacher is Valedictorian at Southern Caribbean University Commencement Ceremony
    News
    Vincentian teacher is Valedictorian at Southern Caribbean University Commencement Ceremony
    Webmaster 
    May 29, 2026
    A Vincentian primary school teacher was the Valedictorian at the University of the Southern Caribbean’s 93rd commencement ceremony held on Sunday, May...

    E-EDITION
    ePaper
    google_play
    app_store
    Subscribe Now
    • Interactive Media Ltd. • P.O. Box 152 • Kingstown • St. Vincent and the Grenadines • Phone: 784-456-1558 © Copyright Interactive Media Ltd.. All rights reserved.
    We use cookies to ensure that we give you the best experience on our website. If you continue to use this site we will assume that you are happy with it.Ok