Jamaica is a Caribbean island nation located in the Greater Antilles island grouping, other nearby nations include Cuba and the island of Hispaniola which includes Haiti and the Dominican Republic. The British overseas territory Cayman Islands is also nearby to Jamaica. The island nation is surrounded by the Caribbean Sea. The country’s capital city Kingston is located on the island’s south-east coast.
The Taino peoples were the original inhabitants of the island but the island would soon be taken by the Spanish after the arrival of Christopher Columbus in 1494. During this time many of the native peoples were either killed or died from diseases introduced by the Spanish settlers. The Spanish would later bring large numbers of slaves from Africa to work as labourers on the island. The English would later invade and conquer the island in 1655 and named it Jamaica, many of the Spanish freed their slaves before fleeing the island, and many of them joined established Maroon communities who were descendants of Africans who formed settlements away from slavery, many of these settlements were found in the mountainous interior of the island.
The Spanish made attempts to reconquer the island themselves from the English but never succeeded, during this time the English supported piracy against Spanish ships in the Caribbean, which led to Port Royal in Jamaica becoming notorious for its lawlessness, Spain recognised English possession of Jamaica via the 1670 Treaty of Madrid, and the English then moved to control piracy in the Caribbean.
The English changed the island into a leading sugar exporter that was dependent on African slaves and the economy boomed due to this and other exports such as coffee and cotton. During the 18th Century many slaves would escape in increasing numbers to Maroon communities, and these escaped slaves would lead the First Maroon War from 1728 to 1739/40 against colonial British authorities on the island, which led to a stalemate with the British suing for peace, and signing two peace treaties with two Maroon factions.
In 1760 a large slave rebellion called Tacky’s War would break out but would be defeated by the British with help from Maroon allies. The Second Maroon War from 1795-96 would lead to many Maroons from Cudjoe’s Town being expelled to Nova Scotia and Sierra Leone. Slaves continued to escape and also begun setting up their own independent communities.
Over ensuing years, the British passed reforms on slave labour that outlawed harsh practices, much of which was objected to by the Jamaica House of Assembly, which mostly only represented rich white plantation owners, they feared easing of conditions on slaves may result in slave rebellions.
Another large slave rebellion did breakout in 1831 called the Baptist War as it was led by a Baptist preacher called Samuel Sharpe. The war was violent and caused hundreds of deaths, destruction of plantations, and violent revenge attacks by the plantocracy. This war as well as various other events led to the British outlawing slavery in its Empire in 1834, including full emancipation from chattel slavery in 1838. Many freedmen chose to become subsistence farmers. Since many of the freedmen no longer wished to work on plantations, the British turned to indentured labour from Chinese and Indian workers.
But social and racial tension remained, made worse by poverty and led to the Morant Bay rebellion in 1865 that was brutally put down by Governor John Eyre with such brutality leading to him being recalled from his position. The new Governor John Peter Grant introduced reforms to ease social, financial and political tensions but also continued to work to keep firm British rule over the island. In 1866 Jamaica became a British Crown colony.
But into the 20th Century unemployment and poverty remained problems which led to the creation of various movements vying for political change, greater political rights, and better conditions for workers. Marcus Garvey was one of those leading figures and also helped greatly to inspire the Rastafari religion.
The Great Depression in the 1930s led to increased social unrest in Jamaica and this led to the British establishing a commission which suggested new reforms for stabilization. This led to the establishment of the House of Representatives elected by the people of the island, and this led to the emergence of Jamaica’s two-party system that still exists today. The reforms also led to greater autonomy on the island and a move towards independence, Jamaica joined as a province in the Federation of the West Indies which included several British colonies, but many were divided over Jamaica’s membership to this union leading to a referendum where Jamaica narrowly voted to leave.
Following its exit from that union Jamaica obtained full independence in 1962, although remained a part of the Commonwealth Realm where it recognises the British Monarch as Head of State, represented by a Governor-General.
The largest ethnic group in Jamaica are Afro-Jamaicans and the official language is English and the national language is Jamaican Patois. Protestant Christian is the largest religion and the country’s currency is the Jamaican Dollar. Jamaica’s population is over 2,970,910.
Government Type
Jamaica is a representative parliamentary democratic constitutional monarchy with the British Monarch as Head of State represented by a Governor-General and there is a Prime Minister who is Head of Government. The legislature is made up of a bicameral parliamentary system which includes the House of Representatives as the lower but primary chamber and the Senate which is the upper chamber.
The Monarchy and Executive Government
As Jamaica is part of the Commonwealth Realm it is not a full Republic, but it is politically fully independent. The British Monarch is the country’s Head of State and the monarch is represented by a Governor-General in Jamaica who is appointed for life by the British Monarch. The Governor-General’s position is mostly ceremonial.
Governor-General Absence
If the Governor-General is temporarily absent or the position is vacant for whatever reason the British Monarch may appoint an Acting Attorney-General to take over duties until the return of the Governor-General. If no such appointment has been made then the Chief Justice of Jamaica will take over the duties of the Governor-General until their return.
The Governor-General themself can also appoint a Deputy if they are going to be absent from the seat of Government but not Jamaica, or absent from Jamaica for a short period, or suffering from a short illness. The Deputy is appointed on advice of the Prime Minister and will perform duties of the Governor-General and follow instructions provided by the Governor-General under such circumstances. The Deputy can be revoked at any time by the Governor-General acting on advice of the Prime Minister.
Governor-General Duties
The Governor-General appoints their personal staff to offices prescribed by the Parliament and individuals appointed from a list provided by the Public Service Commission.
Most of the Governor-General’s duties and powers are exercised in accordance with advice of the Cabinet of the Executive Government or a Minister acting under general authority of the Cabinet. This excludes where the constitution may say powers can be exercised through advice other than from Cabinet or where the constitution says a power of the Governor-General is exercised through their own discretion.
When the Governor-General is directed to exercise any function on recommendation of any person or authority, he will exercise as such on the recommendation, but before acting the Governor-General at their discretion may refer the recommendation for reconsideration by person or authority concerned.
The Prime Minister may need to consult with the Leader of the Opposition to direct certain powers of the Governor-General to be exercised.
The Governor-General appoints the Prime Minister and Leader of the Opposition. The Governor-General appoints Ministers and makes other appointments on advice of the Prime Minister or other relevant person where the constitution states. The Governor-General revokes appointments at the advice of the Prime Minister or other relevant person. The Governor-General gives royal assent to legislation and constitutional amendments passed by parliament. The Governor-General prorogues or dissolves Parliament on advice of the Prime Minister, or dissolves Parliament in time for next scheduled elections.
The Governor-General appoints the Auditor-General.
The Governor-General exercises the Prerogative of Mercy. This power enables the Governor-General to grant any person convicted of an offense a pardon either free or subject to lawful conditions. May also grant respite indefinitely or for specified period, from execution of any punishment imposed on that person for an offense. Can substitute a less severe form of punishment for that imposed on any such person for an offense. Remit in whole or part any punishment imposed on any person for any such offense or any penalty or forfeiture otherwise due to the Crown on account of such an offense.
The exercise of the Prerogative of Mercy is on recommendation of the Privy Council, although some cases may be of such urgency that the Governor-General is able to act at his/her own discretion.
The Governor-General appoints the Chief Justice on advice of the Prime Minister after consultation with the Leader of the Opposition. The Puisne Judges of the Supreme Court are appointed by the Governor-General from a list provided by the Judicial Service Commision. An Acting Chief Justice may be appointed by the Governor-General on advice of the Prime Minister if the Chief Justice is temporarily absent, and Acting Puisne Judges can be appointed to fill temporary vacancies on advice of the Judicial Service Commission.
The Governor-General appoints the President of the Court of Appeal on advice of the Prime Minister after consultation with the Leader of the Opposition. Judges of the Court of Appeal are appointed by the Governor-General on advice of the Judicial Service Commission. Acting President and Judges are appointed in the same way as with Chief Justice and Supreme Court.
The Judicial Service Commission is made up of the Chief Justice who is its Chairman, the President of the Court of Appeal, the Chairman of the Public Service Commission, and three other appointed members, one appointed by the Governor-General from among persons who hold or have held office as a judge of a court having unlimited jurisdiction in civil and criminal matters in some part of the Commonwealth or a court having jurisdiction in appeals from any such court; and two further members appointed by the Governor-General from a list of six persons submitted by the General Legal Council.
The Public Service Commission consists of a Chairman and either not less than three or more than five other appointed members as decided by the Governor-General on recommendation of the Prime Minister after consultation with the Leader of the Opposition. At least one of those appointed must be from a list of persons provided by the Jamaica Civil Service Association.
The Governor-General appoints to Public Offices on advice of the Public Service Commission.
The Police Service Commission includes a Chairman and not less than two nor more than four further appointed members as decided by the Governor-General on recommendation of the Prime Minister after consultation with the Leader of the Opposition.
Privy Council
There exists an advisory body for the Governor-General and Government called the Privy Council. The Privy Council has six members appointed to it by the Governor-General on advice of the Prime Minister, at least two of the members must be persons who hold or have held public office. Members sit on the Privy Council for 3-year terms, but can be removed earlier by the Governor-General after consultation with the Prime Minister. One of the members is made a Senior member by appointment of the Governor-General after consultation with the Prime Minister, the Senior member can exercise a casting vote on ties.
The Governor-General summons and presides over meetings of the Privy Council but the senior member will also preside over meetings of the Privy Council when the Governor-General is absent, if the senior is also absent then members elect from among themselves who will preside over said meeting.
If a member of the Privy Council is temporarily ill or incapacitated to the extent, they cannot carry out duties for a time then the Governor-General after consultation with the Prime Minister may appoint a provisional Member to take their place on the council until the original member is able to return.
Prime Minister and Government
The Prime Minister is the Head of Government. There is a Cabinet of Ministers which consists of the Prime Minister and such number of Ministers appointed by the Governor-General on advice of the Prime Minister, the Cabinet is the highest executive decision and policy-making body in the Government. The Prime Minister and their Cabinet are responsible to Parliament and must maintain the confidence of the House of Representatives to remain in power. If the Prime Minister loses a vote of confidence, which requires a majority against him/her, then the Governor-General will remove them and appoint a new Prime Minister who they believe has the most confidence or if the Prime Minister who has lost confidence advises for Parliament to be dissolved for early elections, the Governor-General shall do so.
The Cabinet must have no less than seven Ministers and at least two Ministers must be chosen from the Senate but no more than four Ministers can be members of the Senate at once.
If the Prime Minister is ill or absent then on advice of the Prime Minister a Minister will be appointed by the Governor-General to perform functions of the Prime Minister, but it may also be the Governor-General must use their own discretion to appoint a Minister to take over functions of the Prime Minister if the Prime Minister is too ill or incapacitated to advise the Governor-General.
If a Minister becomes ill or incapacitated then on advice of the Prime Minister, they can be replaced by a temporary Minister until the Minister can return.
The Prime Minister must keep the Governor-General fully informed concerning general conduct of the Government and furnish the Governor-General with such information as may be requested with respect to any particular matter relating to Government.
Ministers can be charged with subjects or departments of Government by the Governor-General on advice of the Prime Minister, to lead them and develop policy in such areas and be fully competent over such areas and staff under them. This is to be approved by the House of Representatives. Parliamentary Secretaries are appointed by the Governor-General on advice of the Prime Minister to assist Ministers.
The top legal adviser for Government is the Attorney-General appointed by the Governor-General on advice of the Prime Minister, they cannot be a Minister.
The Secretary of the Cabinet is appointed by the Governor-General on advice of the Prime Minister from a list provided by the Public Service Commission. The individual is in charge of the Cabinet Office and responsible for arranging business for the Cabinet and keeping Cabinet meeting minutes and to convey decisions of Cabinet to relevant person or authority. Individual is directed by the Prime Minister.
Emergency Provisions
States of Emergency or Public Disaster can be declared during extraordinary circumstances and will limit certain freedoms and guarantees and give increased powers to authorities to enable such situations to be dealt with more effectively.
A period of public disaster can be Proclaim by the Governor-General and a period of Public Emergency exists when a war in ongoing or if a public emergency is Proclaimed by the Governor-General, or by resolution of both Houses of Parliament supported by votes of at least two-thirds majority that declare democratic institutions in Jamaica are threatened by subversion.
Proclamations by the Governor-General on the above will not be effective unless it is declared the Governor-General is satisfied that a public emergency has arisen due to imminence of war between Jamaica and a foreign state, or that action has been taken or is immediately threatened by any person or persons to such nature and extensive scale that it is likely to endanger public safety or deprieve community, or any substantial portion of community, of supplies or essential services to life.
For proclamation on Public Disaster, it must be declared to have arisen as a result of any earthquake, hurricane, flood, fire, outbreak of pestilence or infectious disease or other calamity.
The proclamations meeting the above conditions will remain in place, unless otherwise revoked, for at least fourteen days or a longer period, not exceeding three months, determined by Both Houses on a resolution supported by two-thirds majority. A resolution to extend can be passed by two-thirds majorities by both Houses for no longer than three months at a time. The Emergency or Public Disaster can be revoked at any time by two-thirds majority of both Houses.
The Legislative Government
The legislative government is made up of a bicameral parliamentary system. In this the House of Representatives is the lower but primary chamber and is elected by the people, while the Senate is the upper chamber and is fully appointed as explained under the Electoral System section. The composition of the House of Representatives determines the running of the Executive Government and the appointment of Prime Minister.
The main job of Parliament is to make laws for peace, order, and good government of Jamaica. Parliament determines its privileges, immunities, and internal powers as guided by law and the constitution. Bills, motions and petitions can be introduced by members or the government in either chamber of Parliament. Money bills can only be introduced to the House of Representatives first.
Bills introduced and passed in the Senate go to the House of Representatives and if rejected or amended are returned to the Senate, and bills introduced and passed in the House of Representatives go to the Senate and if rejected or amended go back to the House of Representatives, it is possible for bills to bypass the Senate which is explained under the Senate sub-section below, the Senate cannot bypass the House of Representatives.
Bills fully passed are presented to the Governor-General who gives them royal assent.
The Governor-General can prorogue Parliament at any time on advice of the Prime Minister.
The Governor-General can dissolve Parliament at any time for early elections on advice of the Prime Minister. The Governor-General may also dissolve Parliament for early elections if the Prime Minister or Government has lost a vote of confidence, again on advice of the Prime Minister.
During times of war members of parliament may vote to extend Parliament’s term beyond 5-years for 12-months at a time but for no longer than 2-years.
House of Representatives
The House of Representatives and its members are democratically elected, the number of members can fluctuate between 45-65 members but no more and no less. As it currently stands there are 63 members in the House of Representatives. Each member represents one constituency, the number of constituencies and their boundaries are reviewed and recommended by a House of Representatives Standing Committee which includes the Speaker who shall be its Chairman, three members of the House appointed by the Prime Minister, and three members of the House appointed by the Leader of the Opposition. When changes are recommended a report is made by the committee and presented to the House by the Governor-General for their approval.
There is a Speaker and Deputy Speaker of the House of Representatives who are elected from among their own members who are not a Minister or Parliamentary Secretary, they serve the duration of the House term. The Speaker and Deputy work to keep orderly debate, make sure House internal rules are abided, and the Speaker represents the House of Representatives in an impartial manner. They can exercise a casting vote on ties.
When it comes to money bills the House of Representatives can proceed upon any bill, motion, petition or amendment which in the opinion of the person presiding makes provision for imposing or increasing taxes, imposing or increasing any charges on the revenues or other funds of Jamaica or altering any such charge otherwise than reducing it, or for compounding or remitting any debt to Jamaica, unless recommended by the Governor-General and signified by a Minister.
The above also applies to the Senate, except the Senate also cannot be recommended to do so either, unlike the House.
The Senates
The Senate is the upper chamber and its 21-members are all appointed by the Governor-General, for more details refer to Electoral System section below. There is a President and Deputy President of the Senate who are elected from among members of the Senate who are not a Minister or Parliamentary Secretary, they serve the duration of the Senate term. The President and Deputy work to keep orderly debate and make sure Senate internal rules are abided, and the President represents the Senate in an impartial manner. They can exercise a casting vote on ties.
If the Senate does not pass a money bill within one month of receiving it from the House of Representatives, then it will bypass the Senate and go to the Governor-General to receive assent.
For normal bills if twice in the same session the House of Representatives has passed a bill, and having been sent to the Senate on the first occasion at least 7-months before the end of session and on second occasion at least one month before end of session, is rejected by the Senate on each occasion, the bill will bypass the Senate and be sent to the Governor-General for assent.
Or if in two successive sessions a bill is passed by the House of Representatives, same Parliament or not, having been sent to the Senate in each of those sessions at least one month before end of session, with second occasion being at least six months after first occasion, is rejected by the Senate in each of those occasions, then the bill will bypass the Senate and be sent to the Governor-General for assent.
The above does not apply for bills that are required to be passed by both Houses.
Further Info
Both chambers have a Clerk and Deputy Clerk, they are appointed by the Governor-General on recommendation of either the Senate Presider or House Speaker, Clerks serve until the age of 65 years which may be extended by a relevant commission. A Clerk or their deputy can be removed by the Governor-General if a resolution is passed by said chamber by at least two-thirds majority for either inability to discharge functions or misbehaviour.
Vacancies in members of the Senate are filled by appointment of the Governor-General on advice of either the Prime Minister or Leader of the Opposition, and vacancies of the members of the House of Representatives are filled by organizing by-elections within their constituencies.
The Electoral System
Elections or appointments to the Senate and House of Representatives takes place every 5-years unless Parliament has been dissolved for early elections. For the Senate all 21-members are appointed by the Governor-General, 13 appointed acting on advice from the Prime Minister, and 8 appointed acting on advice from the Leader of the Opposition.
For the House of Representatives, the current 63-members are elected from single-seat constituencies using the first-past-the-post system, candidates are nominated by parties or stand as Independents and the winner is via simple majority.
After elections for the House of Representatives the Prime Minister is appointed by the Governor-General from the largest party, who has the most confidence. The Leader of the Opposition is also appointed by the Governor-General from the 2nd largest party.
Candidates for Senate or House of Representatives must be Jamaican or Commonwealth citizen who is at least 21-years-old and has been resident in Jamaica for at least 12 months.
To vote in elections one must be a Jamaican citizen or Commonwealth citizen who has been resident for at least 12-months and is at least 21-years-old, or 18-years-old if a Special Act is prescribed. Such cannot vote if disqualified by having sentence of death in any part of Commonwealth, or is serving imprisonment exceeding six months, or disqualified from registration by any such law in force due to electoral crime conviction, or if certified to be insane or adjudged to be of unsound mind or detained as criminal lunatic.
Sources
The source for this post comes from Jamaica’s 1962 constitution with amendments through to 2015 but it is of note there was a further amendment in 2017 of which is not properly incorporated in information I could find so it is possible there may be some inaccuracies included in this post so if using this seriously cross-research is strongly recommended. Naturally it is also possible I have missed out some things and misinterpreted some other parts and of course the constitution may once again be amended bringing this post further out of date.
The constitution can be altered by an Act of Parliament with both Houses passing such via two-thirds majorities or a lesser majority (dependent on what is being altered) and then given assent by the Governor-General. Even if the Senate ultimately rejects such an amendment, it is possible to overrule them, such a procedure depends on what sections or section is being amended, which determines the majority needed in a referendum of voters to overrule the Senate to pass a constitutional amendment. Some sections amended will require a referendum to be held no matter what, depending on circumstances and what is being altered, referendums may require either simple majority, or three-fifths, or two-thirds of voters to back the amendment.
Next up will be the government system of Japan.
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