One salutary effect of the present brouhaha in Parliament and Government is that is has focused laser sharp attention on the right of Parliament to dismiss government via a vote of no confidence and government's right in turn to dissolve Parliament and trigger new elections.
Article 33 of St. Maarten's Constitution states that a Minister must surrender his seat when he no longer enjoys the confidence of Parliament. Parliament makes this clear by a vote of no confidence against the Minister.
Article 59 of our constitution gives government the right to dissolve Parliament. At present the dispute is whether Government should dissolve parliament. Regardless to how one feels about the issue, one cannot dispute the fact that if government passes a resolution (Landsbesluit or LB) to dissolve Parliament there is little anyone, much less the governor can do. The right to dissolve Parliament is an inherent right of government. All that is left for the governor to do is ask Parliament whether they wish to maintain the government in office for the three months leading up to the election or whether Parliament wishes to appoint an interim cabinet to prepare the elections.
This is part of the system of "checks and balances" found in most constitutions. No one has absolute power. Each branch of government has limits to its exercise of power. Parliament's right to dismiss government is counterbalanced by government's right to dissolve Parliament. This is what separates a democracy from a dictatorship. In a dictatorship, the leader has absolute power. This is what makes living under such systems so loathsome. There are no "checks and balances" to the exercise of power, and that eventually leads to abuse of power.
Many have expressed frustration at the spectacle of MPs "Jumping Ship". Many have proposed all sorts of complicated schemes and amendments to our constitution to stop the practice. But drastic changes may not be necessary. Once it sinks into MP's minds that government can dissolve Parliament thus triggering new elections in ninety days, MPs will be much more careful about jumping ship. If they try to form a new government, and use article 33 to hold a vote of confidence against government, or withdraw their support from government, they are now aware that government can launch its own poison pill, and dissolve Parliament. Ship jumpers will then have to face the voters and run the risk of losing their seat before the normal four year Parliamentary term is up. Viewed from this perspective, and used judiciously, government's right to dissolve Parliament can act as a brake on the ambitions of opportunistic MPs, and lead to a much more stable government.
