Organs of State in Jamaica

Organs of State

The Commonwealth Caribbean Constitutions establish three organs of State: the legislative, the executive, and the judiciary. The Constitution of Jamaica is used as a reference.

Parliament - The Legislative Organ

Section 34 of the Jamaican Constitution establishes a bicameral Parliament with an Upper House (Senate) and a Lower House (House of Representatives). Sections 48-62 outline parliamentary powers and procedures, including immunities, privileges, constitutional alterations, bill submission, and voting procedures.

Eligibility to vote or become a member requires Jamaican or Commonwealth citizenship with at least 12 months of residency, attainment of 18 years, and absence of specific disqualifications (e.g., death sentence, electoral offense, insanity).

The Senate has 21 members: 13 appointed by the Governor-General on the Prime Minister's advice and 8 on the Leader of the Opposition's advice. Certain individuals are barred from either House, including foreigners, public officeholders (without dispensation), those with undeclared contractual relationships with the government, those under a death sentence, undischarged bankrupts, persons of unsound mind, and individuals convicted of electoral offenses.

The House of Representatives consists of 63 elected members. The government must maintain the support of the majority of the members of the House of Representatives. The Constitution also provides for a Speaker and Deputy Speaker in the House and a President and Deputy President in the Senate. The Clerk and Deputy Clerk manage the administration of each House.

Powers and Procedures

Section 48 grants Parliament the power to make laws for peace, order, and good government in Jamaica. This is subject to judicial review.

The maximum term of Parliament is five years, after which a general election must be held within three months. Sections 66-68 establish constituencies and procedures for delimitation of boundaries.

The Executive

Executive Authority

Executive authority is vested in Her Majesty, the King, and exercised by the Governor-General, who is appointed by the King on the Prime Minister's advice. The role of the Governor-General includes:

Appointing the Prime Minister and Leader of the Opposition.
Appealing for clemency in criminal matters.
Opening Parliament.
Representing the King on ceremonial occasions.
Removing judges for misconduct.
Assenting to legislation.
Dissolving Parliament.

The Cabinet

Section 69 establishes the Cabinet, consisting of the Prime Minister and other ministers appointed by the Governor-General on the Prime Minister's recommendation. The Cabinet is the highest decision-making body in the Executive.

Section 69(2) states that the Cabinet directs and controls the Government and is collectively responsible to Parliament. Cabinet considers significant policy, strategic, and controversial issues, as well as matters of public urgency, financial implications, and government machinery.

The Prime Minister

The Governor General appoints the Prime Minister. The Governor General may revoke the Prime Minister's appointment (Section 71(1)), or the office becomes vacant through resignation or dissolution of Parliament. Similar reasons apply to a Minister's post.

Section 76 requires the Prime Minister to keep the Governor General informed about the government's conduct and provide requested information.

Parliamentary Secretaries and Attorney General

Sections 78 and 79 provide for the appointment of Parliamentary Secretaries (junior ministers) and the Attorney General (principal legal advisor).

The Leader of the Opposition

The Governor General appoints the Leader of the Opposition from the House of Representatives, based on who commands the support of a majority of non-government members (Section 80(1)). The Leader of the Opposition's office can be vacated similarly to the Prime Minister's.

The Privy Council

The Privy Council, chaired by the Governor General, advises on the prerogative of mercy. It consists of six members appointed by the Governor-General after consulting the Prime Minister.

Functions include advising on the Royal Prerogative of Mercy and the discipline of civil service, local government officers, and the police.

Section 91 addresses the Governor-General's power to grant pardon to persons sentenced to death on the recommendation of the Privy Council or if that recommendation is not obtainable in a timely manner. Sections 82, 90 and 91 outlines the exercise of the prerogative of mercy.

Permanent Secretaries

The Cabinet Secretary manages Cabinet business and conveys decisions.

Permanent Secretaries are senior officers who supervise departments or ministries, with the Minister exercising general direction and control (Section 93). The Permanent Secretary in the Ministry of Finance is the Financial Secretary.

The Director of Public Prosecutions

Section 94 establishes the office of the Director of Public Prosecutions (DPP), a public office. The Governor General appoints the DPP, who can only be removed for inability or misbehavior, following a tribunal hearing (Section 96(4)).

The DPP has powers to institute, undertake, take over, continue, and discontinue criminal proceedings (Section 94).

Section 94 (5) empowers the DPP to exercise their powers in person or through others acting under instruction. Section 4 of the Criminal Justice (Administration) Act empowers the DPP to discontinue criminal proceedings during the trial process.

DPP Objectives and Functions

Objectives include presenting criminal cases promptly, providing professional service, ensuring fairness to victims and the accused person, and collaborating with law enforcement. Functions involve prosecuting cases in the Supreme Court and Parish Circuits, representing the Crown in criminal appeals, drafting legal documents, and advising government agencies and law enforcement.

DPP's Discretion

The DPP can present a voluntary bill of indictment moving a case straight to the Circuit Court without a preliminary examination, as per Section 2 (2) of The Criminal Justice (Administration) Act.

The DPP cannot be forced to initiate prosecutions if there is insufficient evidence and does not have to give reasons for this decision.

Criteria exists for reviewing the DPP's decision not to prosecute:

DPP did not act in accordance with the Constitution or any other law;
DPP failed to act in accordance with settled policy;
The decision of the DPP was perverse and unreasonable and was one at which no reasonable prosecutor could have arrived.

The Judiciary or Judicature

Judges of the Supreme Court and Court of Appeal are appointed under Sections 97-109 of the Constitution.

The Supreme Court

Section 97 establishes the Supreme Court, with jurisdiction and powers conferred by the Constitution or other laws. Judges include the Chief Justice, a Senior Puisne Judge, and other Puisne Judges. The Chief Justice is appointed by the Governor General on recommendation of the Prime Minister after consultation with the Opposition Leader, while the Puisne Judges are appointed by the Governor General on the advice of the Judicial Service Commission.

A Judge of the Supreme Court shall hold office until the age of 70 years. Judges can only be removed for inability or misbehavior, following review by the Judicial Committee of the Privy Council.

Independence of the Judiciary

Independence includes security of tenure, financial security, and administrative independence. Core tenets include: removal from office only for specific causes such as inability or misbehavior.

Security of Tenure: A judge may only be removed from office for i) inability to discharge the functions of the office due to infirmity of the body or mind or ii) other causes such as misbehaviour.

Financial Security: Executive control shall not control the terms of service of judges such as remuneration, pension or travel allowance.

Administrative Independence: control by the courts over the administrative decisions that bear directly and immediately on the exercise of the judicial function.

Appeals to His Majesty in Council

Section 110 provides for appeals to the Judicial Committee of the Privy Council. Appeals lie as of right in civil matters exceeding $1000$ , dissolution/nullity of marriage etc.

The Court of Appeal

Section 103 establishes the Court of Appeal, with jurisdiction and powers conferred by the Constitution or other laws. Judges include a President, the Chief Justice, and other Judges.

The President of the Court of Appeal is appointed by the Governor General on recommendation of the Prime Minister after consultation with the Opposition Leader. The other Judges of the Court of Appeal shall be appointed by the Governor-General on advice of the Judicial Service Commission.

Section 110 provides that an appeal shall lie from decisions of the Court of Appeal to Her Majesty in Council, which is the Judicial Committee of the Privy Council.

The Judicial Service Commission

Sections 111-113 establish the Judicial Service Commission, comprising the Chief Justice, the President of the Court of Appeal, the Chairman of the Public Service Commission, and three appointed members. The Commission advises the Governor General on judicial appointments, removal, and disciplinary control. Appointments of Resident Magistrates, Judge of the Traffic Court, Registrars of the Supreme Court and of the Court of Appeal are also under the jurisdiction of the Commission.