Introduction to Public Law in Trinidad and Tobago

At Quantum Legal, we have a team of expert attorneys who specialise in administrative and public law. We recognise and appreciate that administrative and public law considerations run through all aspects of decision making and policy development.

Whether you are contemplating or defending a judicial review challenge, appearing before a select committee or concerned about protecting your personal information, we understand that wider interests are at stake.

Our team advises local governments, businesses, and other stakeholders on complicated public law matters.

What is public law in Trinidad and Tobago?

Public law refers to the area of law that governs an individual’s relationship with the Government of the Republic of Trinidad and Tobago (the ‘State’). It is concerned with controlling public authorities’ exercise of power and rights.

Public law comprises constitutional, tax, administrative, and criminal law. Ultimately, the State is responsible for making decisions on behalf of its citizens. However, citizens of Trinidad and Tobago may request judicial review proceedings if they are unhappy with a decision.

In such cases, judicial review proceedings may be brought if the public authority’s decision is unlawful, unreasonable, or irrational or if the decision-making process is unfair.

Public law concerns public bodies.

To understand the parameters of public law, we must first understand what a public body is. The Judicial Review Act of Trinidad and Tobago states that a judicial review application can only be brought against a public body exercising statutory powers. A public body is, therefore, any legal person (a company) that carries out governmental functions granted to it by legislation.

Areas of public law

Constitutional law – which ensures that the powers of the State (Executive and Legislative Arms) are not abused and are used correctly with the public interest in mind.

Administrative law concerns the procedures, powers, duties, rights, and liabilities of public bodies charged with administering public policies. As a matter of public law, a public official or body must act fairly and reasonably.

Tax law – which involves regulating the tax regime of Trinidad and Tobago so that the State does not lose money, but the individual taxpayer is not unfairly taxed.

Criminal law concerns offences committed by individuals and public bodies and the consequences of these actions in Trinidad and Tobago.

If you have been affected by a poor decision made by a public body or a failure or lack of decision made by the government, you can challenge it with the help of public law attorneys in Trinidad and Tobago.