THE 15-member Constitutional Reform Committee (CRC) is proposing that among the first changes to Jamaica’s Constitution is the introduction of a preamble to reflect the aspirations of its people.

A preamble to a constitution, which is usually of no legal consequence, serves as a brief introduction of its overarching objectives.

“At the beginning of the constitution, there is reference to the fact that it was signed at Buckingham Palace, with no reference about the Jamaican people. There is no reference about how the constitution should reflect the history and the presence of the Jamaican people,” committee member retired Judge Hugh Small told journalist and editors at the latest Jamaica Observer Monday Exchange.

“The preamble is going to include those words and the one I favour preferably is the one proposed by Professor Cecil Baugh. There are at least two on public record by Phillip Sherlock and Professor Baugh,” added Small, although efforts to find the two have so far been unsuccessful.

In the meantime, chair of the committee Minister of Legal and Constitutional Affairs Marlene Malahoo Forte told the Monday Exchange that the preamble will be written in simple terms which will be easy for Jamaicans to understand.

“It will show self-determination and our developmental aspiration and reflective of our common values. It is going to be simple,” said Malahoo Forte as she pointed out that committee is currently working on a draft preamble.

“Everybody has said that with all the work done so far. What a crying shame that it was not implemented,” added Malahoo Forte.

In several other jurisdictions, including the United States, there is a brief preamble which outlines the purpose of its constitution

“We the People of the United States, in order to form a more perfect union, establish justice, insure domestic tranquillity, provide for the common defence, promote the general welfare, and secure the blessings of liberty to ourselves and our posterity, do ordain and establish this Constitution for the United States of America,” is the preamble to that document.

A preamble usually sets the stage for a constitution while clearly communicating the intentions of the framers and the purpose of the document.

The preamble is an introduction to the highest law of the land but it is not the law and does not define Government powers or individual rights.