Isabella Carter
The Jamaican Constitution, drafted in 1961-62, outlines the laws and principles that govern the country. It was established to grant Jamaica political independence and transform it into a sovereign state and independent constitutional monarchy with Elizabeth II as its head of state. The Constitution is the supreme law of Jamaica, outlining the rights and freedoms of its citizens, the acquisition and deprivation of citizenship, and the roles of key figures such as the Governor-General and Prime Minister. It also establishes the independence of the judiciary, with provisions for the enforcement of citizens' rights.
| Characteristics | Values |
|---|---|
| Date of creation | 1962 (revised in 2015) |
| Purpose | To outline the laws of Jamaica, and to establish Jamaica as a sovereign state and independent constitutional monarchy |
| Citizenship | Automatic right to citizenship for those born in Jamaica, and those born outside Jamaica to Jamaican parents |
| Women who marry Jamaican men, and former UK citizens who have become naturalised, can register as citizens | |
| Parliament has the power to make provisions for the acquisition, deprivation, and renunciation of citizenship | |
| Governor-General has the power to deprive citizens of their Jamaican citizenship if they acquire citizenship or citizenship rights in another country | |
| Equality | Every person, regardless of race, place of origin, political opinions, colour, creed, or sex, is entitled to fundamental rights and freedoms |
| Individual rights | Can be suspended in the public interest, for example, in the event of war or calamity |
| Any person who believes their rights are being violated can apply to the Supreme Court for enforcement of rights and redress | |
| Parliament | Any Jamaican citizen over 21, or Commonwealth citizen over 21 living in Jamaica for at least a year, can become a member of either House of Parliament |
| Prime Minister | The Governor-General appoints the Prime Minister, who must be able to "command the support" of a majority in the House of Representatives |
| The Prime Minister forms the Cabinet, advises the Queen on the appointment of the Governor-General, and has the power to advise the Governor-General to dissolve Parliament and call a general election | |
| Governor-General | Acts in accordance with the advice of the Prime Minister, but also in consultation with the Leader of the Opposition and other authorities |
| Has the authority to name the date of a general election, appoint Ministers and assign responsibilities, appoint Parliamentary Secretaries, the Attorney General, Senators, Privy Councillors, the Chief Justice, the President of the Court of Appeal, the Director of Public Prosecutions, and members of the Services Commissions |
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What You'll Learn
The Constitution is the supreme law of Jamaica
The Constitution of Jamaica is a collection of laws made by the government. It is the supreme law of Jamaica, with all other laws secondary to it. The Constitution of Jamaica was drafted by a bipartisan joint committee of the Jamaican legislature and approved in the United Kingdom in 1962. It came into force with the Jamaica Independence Act, 1962, of the UK Parliament, which gave Jamaica political independence and transformed it into a sovereign state and independent constitutional monarchy with Elizabeth II as its head of state and Queen of Jamaica.
The Constitution outlines the rights and responsibilities of Jamaican citizens and the structure and powers of the government. For instance, under Chapter 2, persons born in Jamaica and those born outside Jamaica to Jamaican parents have an automatic right to Jamaican citizenship. Women who marry Jamaican men and former citizens of the United Kingdom and Colonies who have become naturalised or registered as British subjects in Jamaica may also register as Jamaican citizens.
Chapter 3 of the Constitution guarantees that every person, regardless of race, place of origin, political opinions, colour, creed, or sex, is entitled to certain fundamental rights and freedoms. These rights, however, may be suspended in the public interest in specific circumstances, such as in the event of war, calamity, or threat of subversion. In such cases, individuals who believe their rights are being violated or threatened can seek redress by applying to the Supreme Court or the Court of Appeal.
The Constitution also outlines the roles of key figures in the government. For example, Chapter 6 states that the Governor-General is required to appoint as Prime Minister the member of the House of Representatives who can "command the support" of a majority of the members of that House. The Prime Minister, in turn, selects the Ministers, Ministers of State, and Parliamentary Secretaries, forming the Cabinet and presiding over it. The Prime Minister also has the power to advise the Governor-General to dissolve Parliament and call for a general election at any time within a five-year period.
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Citizenship rights and acquisition
The Jamaican Constitution of 1962, with amendments through 2015, outlines the rights and acquisition of Jamaican citizenship. Jamaican nationality law is regulated by this Constitution, the Nationality Act of 1962, its revisions, and various British Nationality laws. The Constitution provides that a person may become a citizen of Jamaica by birth, descent, or registration as a citizen based on marriage to a Jamaican citizen.
Regarding birth, every person born in Jamaica shall become a citizen by right. For those born outside Jamaica before or after 6 August 1962, at least one parent must have been a Jamaican national at the time of birth. Alternatively, they could have had Jamaican parents or grandparents who would have acquired such nationality had they not died before independence.
Descent is another route to citizenship. A person can become a citizen by descent if they were born outside Jamaica to parents with Jamaican nationality. Additionally, minors under the age of majority who are legally adopted by a Jamaican national at the issuance of an adoption order can acquire citizenship.
Marriage is also a route to citizenship. A person who marries a Jamaican citizen after 5 August 1962 can apply to be registered as a citizen. However, they may be denied if there is evidence that the marriage was entered primarily for citizenship purposes or if the couple does not intend to live together permanently. Before 26 March 1999, anyone entitled to apply for Jamaican citizenship through marriage under the Constitution retained that right.
The Constitution also addresses deprivation of citizenship. While those who acquire citizenship by birth, descent, or being a national of a Commonwealth country or the Republic of Ireland generally cannot be deprived of their citizenship, other citizens can be deprived of their status by law, provided there are specified grounds and a procedure for deprivation, including access to the Supreme Court for a review.
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The role of the Governor-General
The Governor-General of Jamaica is the representative of the Jamaican monarch, currently King Charles III. The Governor-General is appointed by the monarch based on the recommendation of the prime minister of Jamaica. The office of the governor-general was created on 6 August 1962 when Jamaica gained independence from the United Kingdom as a sovereign state and an independent constitutional monarchy.
The functions of the Governor-General include appointing ministers, judges, and ambassadors; giving royal assent to legislation passed by parliament; and issuing writs for election. The Governor-General also appoints members of the Services Commissions, and on the advice of the Commissions, the public services decide on recommendations regarding appointments, disciplinary control, retirement, and the payment of retirement benefits for public servants. These Commissions include the Judicial Service Commission, the Public Service Commission, and the Police Service Commission.
The Governor-General frequently grants an audience to overseas delegations, as well as to Jamaican public and private sector officials. He receives the credentials of newly designated Ambassadors to Jamaica and meets with them prior to the end of their assignment. Each newly appointed Jamaican Ambassador and High Commissioner may also call on the Governor-General before assuming office. At the start of each Parliamentary year, the Governor-General delivers the “Throne Speech” in a joint sitting of both Houses, outlining the Government’s programme for the year.
The Governor-General also conducts annual parish tours to interact with the people and understand the issues of interest to the Jamaican people. He is represented in each parish by a Custos Rotulorum, who is appointed by the Governor-General on the advice of the prime minister. The Governor-General is also the Patron of several organizations, including the St. John Ambulance in Jamaica, the Jamaica Agricultural Society, the Jamaica Cancer Society, and the National Road Safety Council. He is also the Chief Scout of Jamaica.
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The Prime Minister's powers
The Jamaican Constitution of 1962 outlines the powers and responsibilities of the Prime Minister, who is the head of the executive branch of the government. The Prime Minister's powers include:
- Heading the Cabinet and overseeing key portfolio areas such as defence, economic growth, job creation, housing, water, climate change, and infrastructure development.
- Implementing fiscal measures such as raising the income tax threshold and lowering the national debt, thereby strengthening the economy and easing the financial burden on citizens.
- Playing a significant role in international climate efforts by positioning Jamaica as a regional and global leader in climate action. Prime Minister Holness has implemented several environmental policies, such as designating protected areas, banning single-use plastics, and investing in renewable energy.
- Shaping the education system: Dr Holness, during his tenure as Minister of Education from 2007 to 2012, focused on improving literacy rates and ensuring universal access to quality education.
- The power to call for elections: Prime Minister Holness, after succeeding Bruce Golding in 2011, called for a general election to get his own mandate from the Jamaican electorate.
The Office of the Prime Minister has been located at Jamaica House since 1972, with prime ministers residing there from 1964 to 1980.
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Individual rights and freedoms
The Jamaican Constitution, drafted in 1961-62, outlines the rights and freedoms of individuals in the country. It is the supreme law of Jamaica, taking precedence over any inconsistent laws, which are deemed void.
Chapter 3 of the Constitution guarantees fundamental rights and freedoms to all individuals, regardless of race, place of origin, political opinions, colour, creed, or sex. This includes the right to life, liberty, and security of the person, as well as freedom of movement, conscience, and expression. These rights are protected by the Supreme Court, which individuals can turn to if they believe their rights are being violated or threatened.
The right to acquire and renounce citizenship is also outlined in the Constitution. Persons born in Jamaica and those born outside Jamaica to Jamaican parents have an automatic right to Jamaican citizenship. Additionally, women who marry Jamaican men and former citizens of the United Kingdom and Colonies who have become naturalised or registered as British subjects in Jamaica can register as Jamaican citizens. The Governor-General has the power to deprive individuals of their Jamaican citizenship if they acquire the citizenship or rights of citizenship of another country.
The Constitution also addresses the issue of marriage for the purpose of acquiring Jamaican citizenship. It states that if a marriage is entered primarily for this purpose or if the couple has no intention of living together permanently, it will not affect the right of either spouse to apply for or retain Jamaican citizenship.
The protection of individual rights and freedoms is a key purpose of the Jamaican Constitution, ensuring that all individuals in the country are treated equally and fairly, regardless of their background or status. These rights and freedoms are fundamental to the functioning of a democratic and just society in Jamaica.
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Frequently asked questions
The Jamaican Constitution is the supreme law of Jamaica, outlining the country's rules and regulations. It also provides a framework for governance, outlining the roles of the Governor-General, Prime Minister, and Parliament.
The Constitution guarantees fundamental rights and freedoms for all individuals, regardless of race, place of origin, political opinions, colour, creed, or sex. It also sets out the requirements for Jamaican citizenship and the process for becoming a member of the House of Parliament.
The Jamaican Constitution was drafted by a bipartisan joint committee of the Jamaican legislature in 1961-1962 and approved in the United Kingdom. It came into force with the Jamaica Independence Act of 1962, which granted Jamaica political independence and transformed it into a sovereign state and independent constitutional monarchy with Elizabeth II as its head of state.
