Frequently Asked Question

A Constitution may be made by the agreement of the members, in the case of an organisation, or the citizens and their representatives, in the case of a State. 

The form of a constitution may be dictated by historical factors, legal rules or the will of the members who form the organisation or State.  

Jamaica as a British Colony eneded the approval of the Imperial Government in the United Kingdom to attain its independence and adopt a new Constitution. Although the Independence Constitution which we now have was drafted in Jamaica by our own parliamentarians, the approval of the British Government was necessary for the implementation of the new proposal, the English administration had to give its approval and an officer of Queen Elizabeth II had to sign the Constitution Order in Council which brought the Constitution in force in Jamaica.  

• It is written in great detail in mostly legal language and style. 

• It made provisions with respect to important matters such as Citizenship, human rights, the composition of the Executive Organ of Government, the Cabinet, the appointment of the Prime Minister and other Ministers, the composition of the legislature, the House of Representatives and the Senate and the power to make laws by Acts of Parliament, the institution of the Judiciary, and the appointment and dismissal of Judges, the appointments of the Director of Public Prosecutions and the Auditor-General, the Public Service and Police Services Commissions and the appointment and dismissal of public officers, the imposition of taxation and the establishment of the office of the Governor General and the grant of pardon for criminal offences.  

• It is essentially a parliamentary cabinet system in which the main executive authority and policy-making power are vested in persons selected from the elected legislature.  

The term refers to a political entity that exercises sovereign control over a defined territory and population. It is a legally recognized and politically organized entity that possesses the following characteristics: 

• Territory – A state has a defined territory with clear boundaries that delineate its geographical area of control. This may include land, water and airspace  

• Population – A state has a population of people who are subject to its laws, regulations and governance. The population may consist of citizens, residents and other individuals who fall under the state’s jurisdiction 

• Sovereignty – A state has sovereignty which means it has the supreme authority and independence to govern its territory without interference from external powers. It includes the ability to make laws, enforce them and represent the state in relations with other states 

• Government – A state has a government, which is a system of institutions and officials that exercise authority and power to administer the affairs of the State.  

• Recognition – A state is typically recognized as a legal and legitimate entity by other states in the international community

The term typically refers to the system or organization responsible for governing and managing a group of people or a community. It is the authority that establishes and enforces laws, regulations and policies to guide the behaviour of individuals and ensure order, security and the welfare of society. The primary functions of government often include maintaining law and order, providing public services, protecting rights and freedoms and managing public resources.  

• Executive Branch: This branch is responsible for executing and administering policies and programs, managing the bureaucracy, and making decisions related to the day-to-day governance of the country. It is usually headed by the prime minister who serves as the chief executive and is responsible for leading government.  

• Legislative Branch: This branch is responsible for making laws. It is usually composed of a parliament, congress, or other legislative body, which is made up of elected representatives who create, debate and vote on legislation. The legislative branch has the authority to make and amend laws, approve budgets, and represent the interests of the people. 

• Judicial Branch: This branch is responsible for interpreting laws and ensuring that they are correctly applied. The judicial branch is also responsible for resolving disputes, upholding the rule of law, and protecting the rights and liberties of citizens.  

These three branches of government are intended to have separate powers and functions, and to provide a system of checks and balances, where each branch has a specific role and can exercise oversight over the other branches. This system is designed to prevent the concentration of power and ensure that the government operates in a balanced and accountable manner.  

• Monarchy: This form of government is led by a monarch, who is usually a hereditary ruler, such as a king or queen. Monarchs have varying degrees of power, ranging from absolute monarchy, where the monarch has almost complete authority, to constitutional monarch, where the monarch’s powers are limited by a constitution and there may be other branches of government.  

• Republic: In a republic, the head of state is an elected or appointed official, and the government is based on the rule of law and a constitution. There are different types of republics, such as presidential republics, where there is a separation of powers between the executive and legislative branches and parliamentary republics, where the head of state is usually a president or a ceremonial figurehead, and the real power is held by a parliament.  

Constitutional Reform refers to the process of making changes or amendments to a constitution. It may involve modifying or updating various aspects of a constitution, such as its provisions or clauses in order to adapt to changing circumstances, address perceived shortcomings or reflect evolving societal values or political dynamics.  

1944 – Universal adult suffrage introduced; new constitution providing for a popularly elected House of Representatives put forward   

1958 – Jamaica becomes a member of the British-sponsored Federation of the West Indies  

1961 – Jamaica withdraws from the Federation of the West Indies after a referendum  

1962 – Jamaica gains independence from the United Kingdom on August 6, 1962 and adopted the Constitution of Jamaica which established the country as a Constitutional Monarchy.  

1978 – The House of Representatives passed a resolution recommending the establishment of a Joint Select Committee on Constitutional and Electoral Reform  

1979 – The Representation of the People (Interim Electoral Reform) Act was enacted establishing the Electoral Advisory Committee  

1991-1993 – Joint Select Committee on Constitutional Reform established which recommended the convening of a Constitutional Reform Commission which hosted a total of 14 town hall meetings and received 129 public submissions detailing proposals for reform.  

1994-1995 – Constitutional Commission produced a final report in 1994 and a reconvened Joint Select Committee on Constitutional and Electoral Reform produced its report in 1995.  

1999 – Resolution passed in 1999 by the House of Representatives to appoint a Special Select Committee to sit jointly with a similar committee appointed by the Senate to consider and report on the Bill entitled “The Charter of Rights (Constitutional Amendment) Act.” This Bill was meant to achieve the underlying intent and objectives of the recommendations made by the Constitutional Commission in 1994 and approved by the Joint Select Committee in its 1995 report.  

2001 – 2009 – Between 1999 and 2001, written and oral submissions were received on the proposed Charter of Rights. A report of the Joint Select Committee was presented in 2001 and later in 2006*. In 2009, the Bill on the Charter of Rights was redrafted.  

2011 – The Charter of of Fundamental Rights and Freedoms (Constitutional Amendment) Act was enacted  

According to the 1962 Constitution of Jamaica, Parliament may by an Act of Parliament passed by both Houses (the House of Representatives and the Senate) alter any provisions of the Constitution. 

Constitutional entrenchment refers to the process of inserting certain provisions or principles within a constitution in a way that makes them more difficult to amend or repeal. It involves giving special protection to certain constitutional provisions, typically to safeguard them from being easily changed or undermined. The purpose of entrenchment is often to provide stability, durability and protection to certain fundamental aspects of a constitution in order to prevent arbitrary changes or abuse of power.   

Within the context of the 1962 Jamaican Constitution there are two types of entrenched provisions:  

• ordinarily entrenched; and  
• deeply/specially entrenched.  

In order to alter ordinarily entrenched provisions, the proposed Bill must be debated and approved by two-thirds majority vote in both houses of Parliament. This means that at least two-thirds of the members must vote in favour of the proposed amendment.   

In order to alter deeply/specially entrenched provisions, the proposed Bill must be debated and approved by two-thirds majority vote in both houses of Parliament after which it is submitted for approval to those qualified to vote in a referendum.  

Yes. Some provisions are ordinarily entrenched and only require a referendum for amendment if the necessary majority for the change is not obtained in the Parliamentary vote.  

Important examples are: 

• The Charter of Rights 

• The establishment of the Supreme Court and Court of Appeal 

• The establishment of the Office of the Director of Public Prosecution 

• The establishment of the Office of the Auditor General  

• The authorisation of public expenditure 

• The establishment and functions of the Public Service and Police Service Commission  

The provisions which always need a referendum to be abolished or changed are: 

• The rule that the Constitution is supreme and above all other laws 

• The establishment of the Houses of Parliament and the qualifications for their membership 

• The duration or life of each Parliament 

• The power of the Prime Minister to advise on the dissolution of Parliament and therefore the timing of general elections 

• The requirement to hold general elections within 3 months of the dissolution of Parliament; and  

• The formal vesting of the executive authority of Jamaica in the British Monarch 

A referendum is the putting of a specific question to the voters as to whether they agree or not with a proposed policy, plan or law.

Yes. In 1961 there was a dispute as to whether Jamaica should remain as a member of the Federation of the West Indies and a referendum was held to decide that issue.  

We used our regular electoral system, with each elector voting at his or her designated polling station on a ballot paper where the question was – Should Jamaica remain in the Federation of the West Indies? – and space was provided for the voter to place the mark X in either the space with the word “Yes” or the space with the word “No” 

In some cases, yes  

In the Jamaican Constitution, there are certain provisions which are described as deeply entrenched because they cannot be abolished or changed without special majorities and in some cases a referendum.  

The electorate is eligible to participate in the referendum. The electorate includes any Jamaican citizen who is over the age of 18 years and lives in Jamaica who is qualified and registered to vote.  

The provisions of the Constitution that would require a referendum to change them are: 

• The Effect of the Constitution as the Supreme Law of Jamaica  
• The Establishment of Parliament  
• Composition of the Senate  
• Composition of the House of Representatives  

• Qualification for Membership of the Senate and the House of Representatives  
• Alteration of the Constitution  
• Duration between the sessions of Parliament to be no more than six (6) months  
• Duration of Parliament for five (5) years  
• Dissolution of Parliament after five (5) years except during war  

• Power of the Governor General to Dissolve Parliament with majority vote of no confidence by House of Representatives  
• General Elections and the Appointment of Senators  
• Executive Authority of Jamaica which is vested in the King  

The abolition of the monarchical form of government by which King Charles III is Jamaica’s King and formal Head of State, the adoption of a republican form of government with a President who is not appointed on the basis of blood relationship, the limited duration of Parliament and the requirement to hold general elections within a specified time after the dissolution of Parliament. Other examples are the establishment and composition of the House of Representatives and the Senate, the qualifications for membership of the Senate and the House of Representatives, the duration of the life of each Parliament and the holding of general elections within three months of the dissolution of Parliament.  

To “Jamaicanize the Constitution” means to have a Constitution, the highest law of Jamaica, that is enacted by the Parliament and people of Jamaica.  

A constitutional monarchy is a form of government in which a country has a monarch as the ceremonial or symbolic head of state, whose powers and authority are limited by a constitution and are usually exercised on the advice of elected or appointed officials.  

A republic is a form of government in which the country is considered a “public matter” and its head of state is an elected or appointed individual, rather than a hereditary monarch. In a republic, the government is based on the consent of the governed and the country’s political power is vested in the people or their elected representatives.  

In a republic, the head of state is typically a president, who may be elected by the people or appointed by an elected body, and serves for a limited term. The president is not a hereditary monarch, but rather a public servant who represents the people and is accountable to them.  

In a constitutional monarchy, the head of state is a monarch who serves as a ceremonial or symbolic figure, often with limited powers and authority that are defined by a constitution. In a republic, the head of state is usually an elected or appointed individual, such as a president, who may have more active powers and authority in the governance of the country.  

The Constitutional Reform Committee has been convened by the Government of Jamaica (GOJ) to assist in providing expert guidance and oversight to the Government and the People of Jamaica during the Constitutional Reform Process and to implement recommendations of the 1995 Joint Select Committee on Constitution and Electoral Reform (JSCCER) on which consensus remains, while helping to build consensus where it has eroded or is non-existent  

The Constitution Reform Committee will be required to:

• Assess how the passage of time has impacted the recommendations of the Joint Select Committee on Constitutional and Electoral Reform (JSCCER) contained in its Final Report (1995) which were submitted to and approved by the Parliament; and  

• • Advise what fresh perspectives ought to be considered in light of any new national, regional or international development between then and now, as well as  
  • Recommend any necessary modification to update the recommendations for implementation  

• Evaluate the said recommendations of the JSCCER on the establishment of the office of the President; and 

• • Advise on the nature of such presidency, the qualification and tenure of the President, and the legislative, executive, or ceremonial powers to be exercised by the President  

• Assist in coordinating the required Parliamentary cross-aisle and nationwide consultation and collaboration during the various phases of the reform work; and in particular  

• • Help to educate the electorate on their role in the referendum process, in order to successfully transition from a Constitutional Monarchy to a Republic and to provide for related matters  

• Generally, agree on and guide the sequence of steps to be taken to implement the said recommendations of the JSCCER and other recommendations for implementation to achieve the overall reform goal  

Phase 1: Repatriation of the Constitution of Jamaica, abolition of the Constitutional Monarchy, establishment of the Republic of Jamaica and all matters for which a referendum is required to amend.  

Phase 2: Review other ordinarily entrenched provisions of the Constitution for which amendments are desired and required, including the wordings and provisions on the Charter of Fundamental Rights and Freedoms set out at Chapter III. 

Phase 3: Full assessment of Jamaica’s legal and constitutional infrastructure to facilitate the creation of a new Constitution for Jamaica.   

A non-executive president is a head of state who holds a ceremonial or symbolic role, typically distinct from the day-to-day executive functions of government. In a non-executive presidential system, the president’s role is usually limited to performing ceremonial and representational duties, while the executive functions of government, such as policy making, administration and decision-making are carried out by other branches or bodies of government, such as the legislature or the executive branch headed by a prime minister.  

An executive president is a head of state who holds significant powers and responsibilities in the day-to-day governance and policymaking of a country or state. In an executive presidential system, the president is not just a ceremonial or symbolic figure, but also has substantial powers to directly influence and make decisions on matters of policy, administration and governance.