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Hold a referendum on The Queen, CCJ with the next general election
The CaribbeanCourt of Justice inTrinidad & Tobago.
Editorial
September 12, 2015

Hold a referendum on The Queen, CCJ with the next general election

Last week Queen Elizabeth II of the United Kingdom of Great Britain became the longest reigning monarch in that country’s history. Her 63 years and eight months exceeded the reign of Queen Victoria.

The longevity of her reign is truly remarkable but her more important achievement has been her unblemished record of service over a lifetime on the throne. Her conduct and comportment have been impeccable in the midst of a royal family that has had its scandals and indiscretions.

She enjoys the admiration and affection of her people even those who think the monarchy is an anachronism. For all she has done she is to be congratulated.

The Queen of England has remained a venerable symbol of continuity in Great Britain and in those countries which are constitutional monarchies, including Canada and Australia which have chosen to retain this status of being independent states, with a foreigner as their head of state.

Nobody can doubt the sovereignty of Canada and Australia but it is a strange and enigmatic symbol of umbilical ties to a former colonial master that have not been severed. Ironically, while many countries hang on to the monarchy, many in an increasingly disunited Great Britain would abolish it, particularly in Scotland where they do not share the sentimentality and tradition of the English.

We in Jamaica have been debating since Independence in 1962 whether to continue as a constitutional monarchy or become a republic. In recent times, political leaders in Jamaica have publicly announced that true Independence requires the removal of the last vestiges of colonialism. Whether or not they disagree on establishing the Caribbean Court of Justice (CCJ) to replace the Privy Council or not, Jamaicans seem to favour relinquishing the monarchy.

In 2003, then Prime Minister PJ Patterson made the call to abolish the link to the monarchy. In 2010, then Prime Minister Bruce Golding declared his intention to amend the Constitution to replace The Queen with a Jamaican President. In 2011, the current Prime Minister Portia Simpson-Miller mooted replacing the constitutional monarchy with a republic.

Whether the change is merely symbolic or substantive in making such a momentous decision the people of Jamaica should be consulted by a national memorandum.

The referendum question could be settled by having it at the same time as the next general election. We could also achieve another great feat of democracy by including the decision on whether to dispense with or retain the CCJ in that referendum. This would save the enormous expense of having a national referendum as a separate event.

We are not arguing the case either for or against the monarchy but we are simply suggesting that it is time to resolve this national debate which has dragged on for over 50 years.

In the case of the CCJ, we are yet to be convinced that the region is ready to make this far reaching decision which goes to the heart of our justice system. We will be happy to say ‘yes, let it go’, when we see that our politicians have matured to the extent that they can allow the CCJ to operate completely unfettered.

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