Dear Editor,
Normally I give information and explanation to the people of St. Maarten. But presently I have a question for St. Maarten legal advisors about article 41 of the St. Maarten Constitution. See paragraph 3.
It states: "I swear (promise) allegiance to the King and the Constitution of the Kingdom, that I shall always help to uphold the Constitution of Sint Maarten, and that I shall champion the interests of Sint Maarten to the best of my ability. So help me, Almighty God! (And I hereby make this declaration and promise)!"
My question is, if the ministers’ allegiance is to the King and the Constitution of the Kingdom, what happens when the interest of St. Maarten is in conflict with the Kingdom’s wishes? Common sense tells me you cannot serve 2 masters. Allegiance is loyalty or commitment of a subordinate to a superior or of an individual to a group or cause. If the St. Maarten ministers are answerable to St. Maarten parliament, but the allegiance is to the King and the kingdom Constitution, what happens if the Kingdom disagrees with a law St. Maarten parliament has established?
Should the kingdom government supersede St. Maarten parliament? Should the ministers and Governor be obliged to then disobey the request of the people of St. Maarten (St. Maarten parliament)?
We all know the kingdom government is the highest body in the Dutch kingdom. But who should the Council of Ministers of St. Maarten be loyal to? Should it be to the allegiance of the King and Constitution of the Kingdom or to the people of St. Maarten (St. Maarten parliament)? Your legal input will be highly be appreciated.
The patriot Miguel Arrindell
