With work now well under way to transform the island from a constitutional monarchy to a republic, the Jamaica Observer, in association with Citizens Action for Free and Fair Election (CAFFE), will provide information on all aspects of the proposed changes. We invite your response to the questions which will be included in each article.

1. What is a constitution?

A constitution is a collection of the basic principles and procedures for the Government of a State or other organisation. Thus, there are constitutions for clubs and citizens’ organisations as well as constitutions for states. In the case of a State, the constitution is usually the supreme law with which all other laws must conform and both Government and people must obey.

2. How is a constitution made?

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

3. What is the required form of a constitution?

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. Thus, it may be in general terms or detailed terms. It may be in technical style or simple style. Essentially, however, it sets out the basic rules as to how the persons to make laws and exercise power are selected, the extent of these powers and the rights of the persons being governed.

4. How was the present Constitution of Jamaica made?

Jamaica as a British Colony needed 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 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.

5. What are the main characteristics of the Jamaican Constitution?

(1) It is written in great detail in mostly legal language and style.

(2) It makes 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, the establishment of the Office of Governor General, and the granting of pardon for criminal offences.

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

Today’s Question:

Should the present constitution made in England be replaced completely by one made in Jamaica?

Send answer to editorial@jamaicaobserver.com