The Jamaica Constitution 1962 is the most fundamental legal document in the country, guaranteeing the freedom, rights and privileges of every Jamaican citizen. The Constitution reflects the country’s independence as a nation state and, to this day, remains the corner- stone of the island’s legal systems and institutions. The Constitution took effect on August 6, 1962 when Jamaica gained political independence from Britain, after more than 300 years of British colonial rule. While being the first constitution for the politically independent nation, it was not the first legal framework for the island. Following Emancipation in 1834, black Jamaicans struggled against the harsh realities of being a colony of Britain and their dissent grew louder in the 1930s. In 1938 a royal commission was appointed to investigate the working conditions as well as other political and social conditions that were affecting the society. The investigations and reports led to the crafting and adoption of a new constitution on November 20, 1944 which ensured universal franchise for all Jamaicans regardless of race and class. By the 1950s there was a growing urgency and push for political independence as well as a burst of nascent national- ism across the British Caribbean territories. The turning point came on January 3, 1958 when Jamaica and nine other British West Indian colonies entered into an internal self-governing, federal state with the goal of gaining Independence; the West Indian Federation was born. But Jamaica withdrew its membership in September 1961, when by the referendum, “Should Jamaica Remain in the West Indies Federation?”, the people voted that Jamaica leave the Federation. Afterwards, Jamaica began to push for its own independence and, from October 1961 through to January 1962, a joint committee of the House of Representatives and the Legislative Council worked to draft the Jamaican Constitution. It was approved by the United Kingdom (UK) and included as the Second Schedule of the Jamaica (Constitution) Order in Council, 1962 under the West Indies Act, 1962. The Constitution came into force with the Jamaica Independence Act, 1962 which granted Jamaica political independence. The Jamaican Constitution At the centre of the Constitution are the principles upholding the rights and freedoms of all Jamaicans, ensuring the right to “equitable and humane treatment”. These rights and freedoms are guaranteed regardless of race, colour, place of origin, class, gender, religion or political opinion. The Constitution is divided into ten chapters, each of which addresses separate aspects of Jamaica’s governance. The ten chapters are: 1. Interpretation and Effect 2. Citizenship 3. Fundamental Rights and Freedoms 4. The Governor-General 5. Parliament 6. Executive Powers 7. The Judicature 8. Finance 9. The Public Service 10. Miscellaneous The Constitution also outlines the procedures for amendments to its provisions. In cases where the provision under question is not of significant national importance, amendments can be approved with a majority decision in both houses of Parliament. If the provision is considered to be of significant importance then the amendment has to be approved by two-thirds of all the members in both houses of Parliament. THE ARCHITECTS OF THE CONSTITUTION The foundation of the political landscape of Jamaica has been shaped by many Jamaicans and, in particular, our National Heroes whose work provided the philosophical basis for an independent society. From as early as 1932, the Right Excellent Marcus Garvey made the first definitive call for self-governance and shared his vision for what he called the ‘new Jamaican’. In the debut editorial of his publication of the same name, Garvey explained his dream for Jamaica: “We want the spirit of national comrade- ship... Let us unite to accomplish this and Jamaica shall indeed become a better place for all of us.” Garvey’s vision of self-governance was captured and made a reality by the founding fathers - the Right Excellent Nor- man Manley who had a a passion for equity and justice and the Right Excellent Sir Alexander Bustamante, Jamaica’s first Prime Minister, who was a staunch advocate for workers’ rights. The philosophies of these National Heroes and the many who worked alongside them, helped to shaped the Constitution. The legacy of the Jamaican Constitution was drafted by the members of the bi-partisan committee of Parliament – the Joint Independence Constitution Committee. Their work ensured that the Constitution would be the bastion to ensure equality and justice for every citizen of the nation. For their contribution to the Constitution and other areas of national development, the seventeen (17) Parliamentarians have been conferred various national honours and awards. The team who served with distinction includes one woman and sixteen (16) men, some of whom went on to serve as Governors-General and Prime Ministers of Jamaica.
Posted on: Sat, 08 Nov 2014 19:57:24 +0000
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