Delineating and derogating constitutional rights in Trinidad and Tobago

This article examines the approach taken by courts in Trinidad and Tobago when analysing the Parliament’s power under section 13 of the Constitution to derogate from constitutionally guaranteed rights protected under section 4. The author analyses inconsistencies in the tests applied by the courts over the years in various cases and considers a different approach that could be adopted in order to protect citizens’ rights while having due deference to the Parliament’s power to legislate.