Dear Editor,

I have been reading with much interest ever since Prime Minister Andrew Holness’s important announcement some months ago that Jamaica will be breaking ties with the British monarchy and, by extension, establishing a republic-style Government.

In many ways this is indeed a bold and fundamental step in the right direction as independence for a modern nation really means its willingness to free itself of the legacies of its colonial past, including historical and dinosaurian relics which have lost their significance in the 21st century.

In this regard, I see as very relevant and timely the setting up of the Ministry of Legal and Constitutional Affairs. This is an important organ of the State, which, if its policies are effectively executed, could rewrite the Jamaican Constitution and, by extension, correct many of the jurisprudential wrongs so evidently associated with the present system.

Therefore, I think that the way forward for the Government in establishing a committee to, among other things, “conduct a thorough and comprehensive review of the 1962 constitution, including the Charter of Fundamental Rights and Freedom …” is to not only appoint Government and Opposition members, but also this body should include eminent legal scholars, both from the practising Bar and leading academics from Norman Manley Law School. In addition to these specialist groups, there needs to also be representatives from civil society because the essence of the constitution of a country is the protection and guarantee of rights of all citizens, not just a few.

Indeed, if it is true that, according to some advocates, the Privy Council has become an irrelevant appellate court and should be replaced by our own regional Caribbean Court of Justice, then it makes logical sense to begin the process of peeling away and reconstructing Jamaica’s judicial system through its constitution by making use of the many years of legal and civic experience of our own people.

Surely, Jamaica at 60 is a nation with greater opportunities for its people than years ago. There is, however, much more that needs to be done, especially with regard to the country’s education system, the control of law and order, and the distribution of the island’s socio-economic resources for the holistic benefits of its people.

Importantly, though, and as seen through the eyes of and experienced by many Jamaicans over the years, there is the ironic twist associated with the justice system. This structure is seen more as a retributive institution of and for the State rather than being geared toward providing fair and equitable judicial judgements for the body politic who it was established to protect.

Against this background, I therefore appeal that, as the Government seeks to reform the constitution, it is done in an inclusive and holistic way. Indeed, we are a nation founded on the motto, “Out of many one people”.

Normandella Collins

normandellacollins@yahoo.com