The Constitution of Jamaica

Flashcards for review of the key concepts and details from the lecture on the Constitution of Jamaica.

What is the highest form of delegated legislation in Jamaica?

The Jamaica (Constitution) Order in Council, 1962.

Who exercises the powers to enact the Jamaica (Constitution) Order in Council, 1962?

Her Majesty under section 5 of the West Indies Act, 1962.

What does a Constitution determine regarding the State?

The direction of the State and the manner in which it is organized.

What is the Supreme Law Clause of the Jamaican Constitution?

It states that the Jamaican Constitution prevails over any other inconsistent law, rendering the other law void to the extent of the inconsistency.

What does the Jamaican Constitution provide in terms of citizen's rights?

It defines citizen's rights and the nature and form of the legal and political systems.

What principle does the Constitution of Jamaica embody regarding governmental functions?

The principle of separation of powers.

What was the significance of the case Hinds v R. [1977]?

It was the first instance where an Act of Parliament was invalidated as unconstitutional due to a violation of the separation of powers doctrine.

What does entrenchment in the Jamaican Constitution refer to?

The protection of certain provisions of the Constitution against change by the ordinary legislative process.

What is required to alter provisions of the Bill of Rights in Jamaica?

A two-thirds majority of both Houses and a delaying procedure.

What does Judicial Review entail under the Jamaican Constitution?

The court's duty to examine state activities and decide their consistency with the Constitution.

What is the interpretation controversy regarding saving law clauses in Caribbean constitutions?

Whether they are merely codifying common law or creating new legal rights.

What was a significant change in judicial interpretation reflected in Pratt and Morgan?

A move away from restrictive interpretation towards a generous interpretation of constitutional provisions against cruel and inhuman punishment.

What rights were provided by the Fundamental Rights (Additional Provisions) (Interim) Act of 1999?

The right to vote, the right to fair treatment from public authority, and the right to be granted a passport.

What was the outcome of the Charter of Rights and Freedoms (Constitutional Amendment) Act, 2011?

It replaced the existing Bill of Rights and incorporated fundamental rights protections.