Discard obsolete and inappropriate terms
Dear Editor,
The Speaker of the House of Representatives Marisa Dalrymple Philbert has been reported more than once to have declared in the House of Representatives that, “This is the highest court of the land.”
This statement is not only historically inappropriate but is legally erroneous. The Jamaican legislature has never been a court in any sense. While in Britain it could be said that Parliament, which consisted of the House of Lords, of which the Law Lords, constituted the highest court, this was never the case of any branch of a Jamaican legislature. In fact, the highest court has been the Judicial Committee of the Privy Council in England.
Historically, our legislature never had legislative supremacy because before Independence our legislature was subject to the governor’s power to reserve Bills and the royal powers of disallowance. In our Independence constitution, the legislative power of the Parliament is subject to the supremacy of the constitution and, therefore, to the judicial arm of government. Even in respect of the determination of its membership, the jurisdiction rests with the judiciary. The one area in which our Parliament is supreme is in the control of its procedures, although some sections relating to the legislative processes and compliance with the need for a quorum are controlled by the constitution.
It is time for us to relinquish terms, titles, and postures which were transported to us as part of the transatlantic trade. For instance, the very title “speaker” is inappropriate. The historical basis for the adoption of that term, whereby in England the speaker addressed the monarch on behalf of the Parliament, was never present in Jamaica. It is of interest to note that in Scotland many of these terms are not used and the title given to this office is the Presiding Member and no wig is worn.
Two other phrases which we often use and which are inappropriate are “Upper House” and “Lower House”. There is no rational basis for classifying the Senate, which is a nominated House, above the House of Representatives, which contains members elected by the people. The proper names for these Houses are the First House or Chamber and the Second House or Chamber.
As part of our constitutional reform exercise, let us, as Jamaicans, discard the use of obsolete and inappropriate titles, terms, and phrases.
Lloyd Barnett
dr.lgbarnett@gmail.com
