Commonwealth Caribbean constitutions pres (1)

Commonwealth Caribbean Constitutions

Issues Discussed

• What is a constitution?

• Origins: Where did our constitutions come from? How were they created?

• Main features

• Methods of amendment: How can our constitutions be changed?

Definition of a Constitution

• According to Heywood (2002, p. 421), a constitution is a set of rules that establish:

  • The duties, powers, and functions of government institutions.

  • The relationship between the state and the individual.

Origins of Commonwealth Caribbean Constitutions

• Cynthia Barrow-Giles (2002, p. 126): "Participation or imposition?"

• Marked by two main features:

  • Extensive input from British civil servants.

  • Limited time and participants in the drafting process.

British Involvement in Constitution Creation

• High level of British involvement led to:

  • Unquestionable acceptance of the British Westminster model of government.

  • Lack of true constitutional decolonisation in the English-speaking Caribbean.

Limited Involvement in Drafting Processes

• Narrow base of involved social and political interests:

  • Jamaica: Two committees solely comprised of Upper and Lower Houses of Parliament.

  • Trinidad: Constitution drafted primarily by one individual, Ellis Clarke.

  • St. Lucia: Opposition parties boycotted the drafting process.

Critique of Constitution Creation

• Barrow-Giles (2002, p. 127): Commonwealth Caribbean constitutions originated from an undemocratic process.

• No attempts were made to establish a political system different from that of the former colonial power.

Features of Commonwealth Caribbean Constitutions

• Written or Codified Constitutions:

  • Major provisions are consolidated into a single document, deemed the highest law.

  • The judiciary holds the power of judicial review for constitutional matters.

Entrenched Provisions

• Specially protected parts that require specific procedures for amendments:

  • Example (Barbados):

    • Section 1: Supremacy of the constitution.

    • Chapter 11: Citizenship.

    • Chapter III: The Bill of Rights.

Methods of Amending Entrenched Provisions

• Referendum: Vote by the people.

• Special Parliamentary Majority: Requires a two-thirds vote from parliamentarians.

Pros and Cons of Amendment Methods

• Referendum: Consider advantages and disadvantages.

• Special Parliamentary Majority: Consider advantages and disadvantages.

Bill of Rights

• Features limited government by granting citizens constitutionally-guaranteed rights.

• Helps protect individuals from governmental and citizen infringement.

Monarchical Systems

• Many English-speaking Caribbean nations retained the Queen of England as ceremonial Head of State, represented by local Governors-General.

• The Prime Minister remains the Head of Government, exercising effective executive power.

Strengths of Codified/Written Constitutions

• Contained in a single, accessible document.

• Major principles entrenched, safeguarding them against government manipulation.

• Legislative and executive powers are checked by an independent judiciary.

• Individual rights are constitutionally guaranteed.

Weaknesses of Codified/Written Constitutions

• Rigid framework may lack responsiveness and adaptability.

• Final constitutional authority rests with non-elected judges instead of accountable politicians.

• Electoral processes may be more effective in constraining government power than constitutional documents.

• Provisions based on custom and convention might be more respected due to historical endorsement.

• Bias in constitutions can lead to conflict by endorsing one set of values over others.