The Jamaican Constitution
Chapter 1- Interpretation And Effect Of Constitution
Chapter 2- Citizenship
Chapter 3- Fundamental Rights And Freedoms
Chapter 4- The Governor General
Chapter 5- Parliament
Chapter 6- Executive Powers
Chapter 7- The Judicature
Chapter 8- Finance
Chapter 9-The Public Service
Chapter 10- Miscellaneous
There to protect citizens from state abuse
Is the superior source of law.
Gives the court the power of judicial review
SECTION 49- allows for alteration by both houses of parliament.
*SECTION 50 (repealed by bill of rights; no longer valid)
Need at least 2/3 of the members of both houses of parliament (senate and house of
representatives) to pass special acts of parliament
SEPARATION OF POWERS
Hinds v R.
The constitution established the executive, legislature, and judiciary arms of the state
where they aren’t supposed to interfere with the work of the other, but in the Jamaican
context the executive is part of the legislature. Still separation of power though.
In the Hind v R. case, the entire legislation wasn’t struck down, just the part that offended
the legislation, i.e, the separation of powers part.
ENTRENTCHMENT
Protecting some provisions in the constitution from change by the ordinary legislative
process
Court in Hinds v R referred to significance of entrenchment, reinforcing that you can’t
change the constitution on a whim. Must have a special majority along with other
features.
Ordinary legislative process - simple majority vote where a majority of the members of
the lower and upper house of parliament constitute a quorum who are present and voting
at a particular meeting of the house.
Quorum- minimum number of persons that must be present to conduct the business of the
house/parliament/ country. Quorum not present: no business can occur, quorum present:
all business can occur EXCEPT making changes to the constitution.
Includes special formulae, delaying procedures, special parliamentary majorities, senate
vetoes, and referenda requirements.
Special recital NEEDED to pass ordinary legislation: ‘Be it enacted by the Queen’s Most
Excellent Majesty by and with the advice and consent of the senate and house of
representatives of Jamaica, and by the authority of the same that follows:-’
Special recital NEEDED for amendment of the constitution: ‘Be it enacted by the
Queen’s Most Excellent Majesty by and with the advice and consent of the senate and
house of representatives in accordance with the provisions of section 49 of the
constitution of Jamaica and by the authority of the same, as follows:-’
Without the recital, any amendment is null and void.
Alteration of the bill of rights via constitutional amendment needs a 2/3 majority of both
houses and a delaying procedure.
HOUSE OF REPRESENTATIVES
Jamaican parliament is bi-cameral (2 houses).
Upper house (senate) & Lower house (house of representatives).
63 members of parliament/ representatives (MPs)
Quorum for house of representatives is 16
There are 21 senators; 13 from ruling party, 8 from opposition.
Quorum for senate is 8
SPECIAL PARLIAMENTARY MAJORITIES
Absolute majority- majority of all members of the house whether or not all members are
present and voting. If given the chance to be present and people are still absent the vote
will still occur. Ideally everyone should be present.
Absolute majority is needed to alter the provision in establishing a governor general,
acting or deputy. Also needed to change qualificators or disqualificators to vote.
2/3 majority needed to change bill of rights.
JUDICAL REVIEW
Intra Vires- legislation is found to be in conformity to the constitution.
Ultra Vires- legislation is found to be in unconstitutional and thus null and void.
INTERPRETATION
Collymore v A.G (1965)
Girard and St. Lucia Teachers Union v AG
Pratt and Morgan
FUNDAMENTAL RIGHTS (ADDITIONAL PROVISIONS) (INTERI M) ACT OF 1999
Enacted as an interim measure to provide the right to vote, the right to fair and humane
treatment from public authority, and the right to be granted a passport.
Repealed upon the enactment of the new bill of rights which incorporated the
aforementioned rights.
Since 1999, parliament had been deliberating a Bill (originally the Charter of Rights Bill)
to replace the existing Bill of Rights.
THE CHARTER OF RIGHTS AND FREEDOMS (CONSTITUTIONAL AMENDMENT) ACT,
2008
Tabled in parliament on march 31, 1999
Special select committee of parliament established on June 20, 1999 to consider the Bill.
THE CHARTER OF FUNDAMENTAL RIGHTS AND FREEDOMS (CONSTITUTIONAL
AMENDMENT) ACT, 2011
Enacted in April 2011
3 TIER ENTRENCHMENT SYSTEM
Absolute majority of each house
Special recital
The deeper the level the more procedures needed to make the amendment.
To change certain aspects of the constitution: votes of 2/3 of all the members of both
houses, with the votes of 3/5 of a referendum poll being needed to negative a Senate veto.
*Senate veto- when the senate ‘kills’ the Bill.
At the deepest level the following are required to change a provision:
Delay procedures- further 3 month delay btwn the 2nd reading in the house of reps
and passing in the house.
Votes from 2/3 of all members of each house
Majority of the referendum votes, 2/3 of the referendum poll being REQUIRED if
the senate vetos the amendment
Special recital
*Entrenched provisions are listed in section 49 (2) of the constitution.
DEEPLY ENTRENCHED PROVISIONS
Need Absolute Parliamentary Majority.
Required to alter provisions regarding posts of Governor General, Acting and Deputy GG
ALL.OTHER CONSTITUTIONAL PROVISIONS
Enjoy some special protection
May be amended if supported by majority vote of all members of each house.
Section 49 (4) (b)
TYPES OF LEGISLATION
Acts of parliament
Delegated or subsidiary legislation
Autonomic legislation- an internal regulation or rule imposed by a private entity.
LAW RELATING TO CONTRACT
To make a binding contract, must have valid offer, valid acceptance, good consideration,
intention to be legally bound, and capacity to contract.
Contracts are a creature of the common law.
UNILATERAL AGREEMENT
Unilateral contract to only one person
Made in good faith
OFFER
A promise to be bound to certain terms if the other party responds
Must be communicated so other party can accept or reject.
Need not be in writing (but preferred)
May be made to a specific person, a group of ppl, or the world.
Advertisements can be unilateral offer or invitation to treat.
INVITATION TO TREAT
Auctions
Tenders
“subject to contract”
Word of mouth
Buses and transportation timetables
TERMINATION OF OFFER
Revocation – withdraw the offer before acceptance. Offerer doesn’t need to directly tell
offeree that the offer is off the table, can be done through 3rd party.
Lapse of time -
Rejection
ACCEPTANCE
Final and unqualified assent to all the terms of an offer.
Must be made while offer is still in force
Must be made by offeree
Must exactly match the offer terms.
May be written, verbal or implied from conduct
CONSIDERATION
The act or promise offered by 1 party and accepted by the other as the price of that
other’s promise.
A PROMISE MADE IN RETURN for another promise or an act (either a positive act or
a sacrifice)
Can be executory or executed.
EXECUTORY
A promise made in return for another promise.
EXECUTED
A promise made in return for another an act to be performed. Eg) A offers a reward to anyone
who returns their lost dog. The act of finding and returning the dog by B would have to be
already be executed in return for A’s promise.
PAST CONSIDERATION
If an act is done before establishing the pay or promising a reward, you are not entitled to be
paid. (Roscorla v Thomas)
