The passing of Judge Bob Wit (see Wednesday newspaper) cast light on the Constitutional Court which he chaired since its inception. St. Maarten is the only country in the Kingdom of the Netherlands with such a tribunal to review the constitutionality of laws passed in Parliament.
One each of the court’s three judges (and their respective deputies) are nominated by the Kingdom Council of State in The Hague and the Dutch Caribbean’s Joint Court of Justice in Willemstad, and a third by the court itself. Wit was, of course, also on the Caribbean Court of Justice (CCJ) based in Trinidad.
As Constitutional Court proceedings can only be initiated by the Ombudsman there is just one hearing about every four years, but that does not mean it has no use. Keep in mind that the country’s legislators take an oath to uphold the constitution and this involves merely instances when that promise is allegedly broken by a majority.
In other words, it’s – hopefully – not something needed on a frequent basis. The Constitutional Court supports the Ombudsman Bureau in its role as gatekeeper of the constitution also in light of related provisions in the European Convention of Human Rights (ECHR) and its case law as well as the Kingdom Charter and Dutch Constitution.
One interesting case regarded the draft revised Criminal Code in 2013. The Ombudsman objected to several parts including allowing cockfights. While the court did not find the latter directly unconstitutional, it said such an exemption from animal rights as “cultural expression” should be properly regulated.
However, the court did rule against life sentences without evaluation and parole possibilities. The same goes for allowing non-resident detainees earlier “on licence” release from prison than locals.
Just like with the law to suspend Members of Parliament (MPs) charged with relevant crimes or in pre-trial custody, also unique in the kingdom, St. Maarten’s pre-country-status leaders who came up with the Constitutional Court deserve credit for their vision. It’s all about safeguards, checks and balances.
