The constitution government of jamaica supreme court. Prison conditions in jamaica the death penalty project. Whistleblowing protective disclosure act the supreme court customer service in the. He said the jamaican constitution does not condemn or deprive dual citizenship. The limits of constitution remaking in the commonwealth.
The constitution had to address the complaints that were in the declaration of independence. Support the inclusion of sexual orientation in jamaican. The constitution, however, came into force, in strict law, by imperial legislation. On the third day of the constitutional courts hearings of the claim against three jamaican tv stations, tvj, and cvm, both private entities and pbcj, which is stateowned, attorneys for cvm and pbcj completed submissions, stressing their position that the stations had no duty to carry the video promoting tolerance towards gays submitted by the. It was produced by the jamaica information services in 1990, but still provides an overview of the important facts. Constitution of jamaica ministry of justice government. Human rights violations of lesbian, gay, bisexual, and. Jamaican charter of rights news and views by dionne. Her majesty, by virtue and in exercise of the powers in that behalf by subsection 1 of section 5 of the west indies act, 1962 or otherwise in her vested, is pleased, by and with the advice of her privy council, to order, and it is hereby ordered, as follows. Download pdf the jamaica constitution, 1962 was drafted by a bipartisan joint committee of the jamaican legislature in 196162, approved in the united kingdom and included as the second schedule of the jamaica constitution order in council, 1962 under the west indies act, 1962. At the court at buckingham palace, the 23rd day of july, 1962.
In 2011, jamaica amended its constitution to adopt a new charter of fundamental rights and freedoms, paragraph 8a of which appears to void the privy councils. The charter of fundamental rights and freedom constitutional. The laws of jamaica exist under the constitution of 1962. The charter of fundamental rights and freedoms constitutional amendment act, 2011. We believe that sexual orientation also ought properly to be brought under the protective umbrella of the antidiscrimination clause. The constitution states the rules regarding the executive, the legislature, a judicature and the public service. Constitution required a lot of work before it was signed. Fundamental rights and freedom flair jamaica gleaner.
This act may be cited as the constitution amendment act, short title. Constitution does not condemn dual citizenship news. Present, the queens most excellent majesty in council. The peoples national party constitution by the peoples. In a nutshell the jamaica constitution, 1962 jamaica information. The constitution cynthia johnson his110 october 31, 2011 jody bell the constitution the u. Jamaican legislature in 196162, approved in the united kingdom and included as the. Order, the constitution of jamaica set out in the second schedule to this order in this order referred to as the constitution shall come into force in jamaica at the commencement of this order.
The constitution of jamaica is the constitution and highest law of jamaica history. Fifty years later, there have been some changes to the constitution, perhaps the most significant of which occurred in april 2011 when the charter of fundamental rights and freedoms came into effect. Then it had to make a decision on the great compromise. The amendment of jamaicas constitution in 2011 by the introduction of the charter is illustrative. Under the west indies act 1962, the monarchy of the united kingdom was allowed to form governments for the former colonies of the west indies. Its principles have been incorporated into constitutions of countries in the united nations including jamaica, making it constitutional law. Jamaicas constitution of 1962 with amendments through 2011.
Jamaicas charter of fundamental rights and freedoms. Jamaican legislation 1 jamaican legislation and the transatlantic constitution, 16641838 aaron graham aaron. Jamaica became an independent nation on august 6, 1962 and that was also the date our supreme law, the jamaican constitution, came into effect. The inaugural scalia lecture judge frank easterbrook.
Jamaica the charter of fundamental rights and freedom. The constitution of jamaica was drafted by a bipartisan joint committee of the jamaican legislature from 1961 to 1962. As a constituent province of the west indies federation, jamaica became independent of the united kingdom on 6 august 1962 under the jamaica independence act 1962. Bulkan, constitution remaking in the commonwealth caribbean n 85 to this end, i propose in this article to undertake a modest examination of the central problem raised by some of the provisions of the 2011 jamaican charter, namely whether the plenary power of the legislature is sufficient to effect constitutional change. The constitution amendment act, 2011 b in subsection 2, by deleting the words power of requiring information conferred on the. Charter of fundamental rights jamaicans for justice jfj. To cooperate with labour and socialist organizations within the commonwealth with a view to promoting the purposes of the party, and. The influence of the universal declaration of human rights udhr has been substantial. The jamaican legal system office of the director of public prosecutions.
Please do not cite or reproduce this article in any form. Inteptetn or the context otherwise requires act of. Paying special attention to section 40, subsection 2a of the constitution, he read. This new portal of the hemispheric network contains a virtual library that offers uptodate legal information related to mutual assistance and extradition in the 34 active member states of the oas. Arguments in the case against three jamaican televisions stations being sued for their refusal to carry an ad promoting tolerance towards homosexuality wrapped up thursday. Jamaican constitution gays mobbed at mall in kingston, jamaica 2008. Maurice tomlinson legal advisor, marginalized groups. The case is the first test of jamaicas new charter of rights which came into effect in. Corporate governance framework for public bodies september, 2011revised october, 2012 page 3 of 77 on the acceptance of the governance principles and to ensure effective implementation, the legislative framework will require strengthening. It was approved in the united kingdom and included as the second schedule of the jamaica constitution order in council, under the west indies act politics of jamaica.
The constitution came into force with the jamaica independence act, 1962 which granted jamaica political independence. The amendments also guaranteed a number of fundamental rights and freedoms, including the right to be free from inhuman or degrading treatment and torture, and protection of the right. It had to address the weaknesses of the articles of confederation. The first is a summary of the various sections of the jamaican constitution. If enslavement and colonialism were established to dehumanise and oppress groups of people on the basis of skin colour for profit, then the most natural human response to enslavement would be to struggle. The 2011 amendments to the jamaican constitution specifically enumerated a right to freedom from discrimination on the ground of. The charter of fundamental rights and freedom constitutional amendment act, 2011 no. Section of the constitution adopted in 1962, and amended in 2011, includes the following provisions on violence against women. There was very little though to distinguish the house of assembly from others in british north america, at least in legislative terms, and even after the traumatic imperial disjuncture of 1783 the reformed transatlantic constitution continued to provide a supportive environment for the expansion of legislation within the island of jamaica. Constitutional challenge to jamaicas antisodomy law.
Constitution amendment act 2011 by dig jamaica issuu. Jamaicas compliance with the international covenant on. An act to amend the constitution of jamaica to provide for a charter of fundamental rights and freedoms and for connected matters. Jamaican constitution news and views by dionne jackson. The paper argues that the constitution upholds and legally seals, to a certain extent, the inherited colonial baggage that has to be tackled. The jamaica constitution order in council, 1962order in council highest form of delegated legislation and is order of the privy council order in council usually made by government and merely approved by privy counciljamaica constitution order in council came into being by virtue of exercise of powers of her.
Jamaican constitution, which was produced in january 1962, was taken to london where significant alterations were made and subsequently ratified by the jamaican parliament on february 27th 1962. The recent ruling in the williams vs holness case has brought the spotlight to shine on the jamaican constitution and its glaring flaws. The jamaica constitution jamaican constitution the. Thus the provisions relating to jamaican citizenship were altered by ordinary legislation requiring only a simple parliamentary majority in 1993, 1994 and 1999. Ministry of justice, jamaica pdf of act pdf of act doc. The jamaican constitution has serious flaws that must be. Except for the entrenched sections, the constitution may be altered by a majority of all the members of each of the two houses of parliament. The human rights situation of lesbian, gay, bisexual, and transgender lgbt people in jamaica is dire. While i do not agree with the ruling and would love to see. The jamaican constitutionproduced by talk up yout for cvc.
No provision of this constitution that any person or authority shall not be subject to. The jamaica constitution, 1962 was drafted by a bipartisan joint committee of the jamaican legislature in 196162, approved in the united kingdom and included as the second schedule of the jamaica constitution order in council, 1962 under the west indies act, 1962. Jamaican legislation and the transatlantic constitution. It came into force with the jamaica independence act, 1962 of the u. This act may be cited as the charter of fundamental rights and freedoms constitutional amendment act, 2011, and shall be read and construed as one with the constitution of jamaica hereinafter referred to as the constitution and all amendments thereto. The constitution of jamaica is an affirmation by the people of jamaica that their nation should be founded upon principles which acknowledge faith in human rights and fundamental freedoms, the dignity of human beings and the equal and inalienable. This analysis of the development and reform of jamaicas constitution shows a long. 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. No person shall be qualified to be appointed as a senator or elected as a member of the house of representatives who is, a by virtue of his own act, under, any acknowledgement.
611 229 397 478 1280 191 650 968 698 640 1388 926 791 1486 784 1257 1229 966 1119 1612 429 333 1493 203 1174 1258 1492 259 587 1397 348 1301 710 1608 4 616 386 458 472 230 602 1468 106 105 74 123 632 277 1482