Countries of the World/COUNTRYS.BIN/dp/0197/01979.txt

Text File | 1991-06-25 | 22KB | 356 lines

$Unique_ID{COW01979}
$Pretitle{233J}
$Title{Jamaica
Chapter 2A.   Government and Politics}
$Subtitle{}
$Author{Rex A. Hudson, Daniel J. Seyler}
$Affiliation{HQ, Department of the Army}
$Subject{government
minister
prime
civil
house
members
parliament
court
service
courts}
$Date{1987}
$Log{}
Country:     Jamaica
Book:        Caribbean Commonwealth, An Area Study: Jamaica
Author:      Rex A. Hudson, Daniel J. Seyler
Affiliation: HQ, Department of the Army
Date:        1987

Chapter 2A.   Government and Politics

The Governmental System

      Jamaica is a constitutional monarchy and a parliamentary democracy based
on the Westminster model, with a functional two-party system. Under this
democratic system of government, the prime minister and his cabinet are
responsible to the legislature, and universal suffrage exists for citizens
over the age of eighteen. The clauses of the 1962 Constitution, which consists
of 138 articles in 10 chapters, may be amended by majorities of two-thirds in
both houses of Parliament or, if the upper house, the Senate, does not concur,
with the approval of a special majority of the electorate voting in
referendum.

     Jamaica's Constitution entitles anyone born on the island to Jamaican
citizenship, which may be revoked if that person becomes a citizen of another
country. Children and spouses of Jamaicans also may claim citizenship even if
born outside of Jamaica. Chapter 3 of the Constitution grants all persons
residing in Jamaica fundamental individual rights and freedoms, such as life,
liberty, security of person, ownership of property, and protection from
arbitrary arrest or detention. The Constitution also guarantees freedom of
conscience and expression, including freedom of speech and press; peaceful
assembly and association, including the right to join a trade union; freedom
of movement and residence within the country and of foreign travel,
emigration, and repatriation; and due process of law, including protection
against double jeopardy or retroactive punishment.

     The Constitution forbids inhumane treatment and racial, sexual, or
political discrimination. Jamaican women are accorded full equality, and the
1975 Act of Women Employment guarantees them equal pay for the same work. The
legal status of women was reflected in the substantial number of women in
influential positions in the civil service and government in the 1980s. The
Supreme Court is given original jurisdiction over matters concerning civil
rights, and cases arising from them are promised a fair hearing within a
reasonable time. Individual rights and freedoms are explicitly subject to
respect for the rights of others and the public interest in matters of
defense, order, health, and morality.

     Although an independent member of the British Commonwealth of Nations
since 1962, Jamaica has retained the British monarch as its chief of state
(see Appendix B). Executive power is vested nominally in the queen but
exercised by the governor general, whom the queen appoints on the
recommendation of the prime minister. The governor general, who has the right
to be kept informed on any aspect of the conduct of government, wields the
prerogatives of judicial pardon, performs the ceremonial duties of head of
state, makes appointments to public offices, formally assents to bills before
they can become law, and summons and adjourns Parliament. In most matters, the
governor general acts only on the advice of the prime minister, but
occasionally the governor general acts on the advice of both the prime
minister and the leader of the opposition or on the advice of the Privy
Council, whose six members are appointed by the governor general after
consultation with the prime minister. At least two members of the Privy
Council must be persons holding or having held public office. The Privy
Council also advises the governor general on exercising the prerogative to
grant appeals for mercy in cases involving the death penalty. Its decisions
can be appealed to the Judicial Committee of the Privy Council in London,
which is the final resort.

     The cabinet, which is responsible to the House of Representatives, is the
"principal instrument of policy." Directed by the prime minister, it usually
has had from thirteen to fifteen members heading ministries staffed chiefly by
the civil service. During the 1980s, the three most important portfolios have
been those of finance and planning, national security, and foreign affairs.
The Constitution stipulates that "not less than two nor more than four of the
Ministers shall be persons who are members of the Senate."

     As a result of the cabinet reorganization of October 1986, ministries
were as follows: agriculture; construction; education; finance and planning;
foreign affairs and industry; health; justice; labor; local government;
mining, energy, and tourism; national security; public service; public
utilities and transport; social security and consumer affairs; and youth and
community development. Ministries were often separated or combined. For
example, the Ministry of National Security was combined with the Ministry of
Justice in 1974 but separated again in October 1986 as a result of cabinet
changes announced by Prime Minister Seaga.

     Ministers, especially the prime minister, may hold more than one
portfolio, and they may also supervise statutory boards set up to augment the
usual departments. Ministers may be assisted by parliamentary secretaries. A
cabinet member may lose his or her position or be forced to resign as a result
of losing either his or her seat in Parliament or the confidence of the prime
minister. A minister's power and prestige depend on party standing and
loyalty, as well as individual ability.

     The prime minister is the most important member of the cabinet and the
acknowledged leader of the majority party. The governor general selects as
prime minister the party leader favored by the majority of House members. The
prime minister selects the other cabinet members from Parliament, directs the
arrangement and conduct of cabinet business, and acts as the government's
chief spokesperson at home and abroad. Control over foreign policy has
remained firmly in the hands of the prime minister. The prime minister may be
removed by resigning or otherwise ceasing to be a member of the House of
Representatives or by being given a vote of no confidence by a majority of
House members.

     Under Jamaica's two-party system, the leader of the opposition is an
institutionalized position, receiving a higher rate of remuneration than
ordinary members of Parliament and exercising consultative functions,
especially on appointments to public offices. The opposition leader is
appointed by the governor general and is either the one who is "best able to
command the support of the majority of those who do not support the
government" or the leader of the largest single group in opposition. The
opposition leader is expected to challenge the government and provide an
ever-ready alternative for Parliament and the public. The institutionalized
role of the opposition leader and Jamaica's democratic tradition give the
opposition considerable freedom to criticize the government.

     Modeled after the British Parliament, Jamaica's Parliament is the
country's supreme legislative body. In addition to an elected House of
Representatives and an appointed Senate, the Jamaican Parliament consists of a
ceremonial head, who is the queen or her representative, and the governor
general. The latter appoints the twenty-one members of the Senate: thirteen on
the prime minister's advice and eight on the opposition leader's advice. The
sixty House members (formerly fifty-three) are elected by universal adult
suffrage for five years in elections held in each of the country's sixty
constituencies. The Constitution requires that the prime minister call a
general election no later than five years after the first sitting of the
previous Parliament. To qualify for appointment to the Senate or f