The Constitution of Sint Maarten
When It is Time to Vote
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Maintaining transparency in the elections.
In order to achieve balanced and responsible progress of elections, Sint Maarten choose to establish the National Ordinance on the registration and finances of political parties. The legal basis for this national ordinance is article 55 paragraph 2 of the Constitution of St. Maarten.
According to the explanatory memorandum on mentioned national ordinance, this national ordinance has two objectives.
1. The first is to promote a transparent and democratic structure of political parties. Through the proposed introduction of the association form, political parties are assigned the constitutional function in the legislation that they have long held in practice. As a result it is possible to impose legal rules regarding political parties that can ensure that the design and functioning of these organizations, which are so important for parliamentary democracy, have a proper legal structure that is transparent for the public and is democratic.
2. The second is the promotion of the integrity of political parties, the prevention of (the appearance of) conflicts of interest and the promotion of a balanced and clean political process.
Excessively high donations to candidates of parties, in particular, entail a risk of a conflict of interest. For that reason, the prohibition of excessively high donations is proposed. In this way, balanced progress of elections is also promoted, as the funds that parties may receive for their election campaigns are standardized.
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About the Book
Since the birth of Sint Maarten on October 10, 2010, the constellation of the parliament of Sint Maarten has changed multiple times. In The Constitution of Sint Maarten, author Hensley G. A. Plantijn offers a look at the country and its laws and regulations.
An expert in constitutional law, Plantijn reviews some key points, providing a look at:
• the history of the parliament of Sint Maarten;
• maintaining transparency in the elections;
• election rights and the election ordinance:
• what happens after the elections; and
• Article 59 of the constitution.
Plantijn discusses that free, transparent, and secret elections are the cornerstones of democracy, and that Article 59 is also part of the system of checks and balances in the parliamentary system. He contends the electorate needs to be aware of the relevant laws and regulations regulating the elections and functioning of the representative parliamentary system.
About the Author
Hensley G. A. Plantijn earned a master decree in Netherlands Antillean law and is a post-graduate in international trade and banking. An expert in constitutional law, he started his professional career as a policy advisor of government in 1992, working for the government of Curaçao, and later for the government of the Netherlands Antilles. Currently he is working for the Government of Sint Maarten in the function of Secretary General of the Ministry of General Affairs.