Skip to main content

Constitutional Reform: Recognize Political Parties

The Constitution of Jamaica is silent on political parties: yet they have played crucial roles in elections to the Parliament and are now governed by regulations requiring them to be registered. It is time to end this hypocritical "political laundering".

This silence facilitates the practice of"crossing the floor" by elected representatives in Parliament, without any consultation/approval of the constituency affected and any guidelines or consequences stipulated in the Constitution.

The MP, for whatever reason--ranging from disagreement with the party leader/president, unsatisfied political ambitions to sheer political opportunism--simply crosses the floor in Parliament and takes a seat amidst the enthusiastically welcoming colleagues. The is usually accompanied by a letter of resignation from the former party and some release from the other stating that the application for membership was approved by a specially convened meeting of the appropriate sub-committee. Indeed a member can "cross" and "re-cross" without any constitutional consequence.

The possibility (as distinct from the probability) of a member switching sides has a number of significant consequences for the party president/ leader's ability to enforce party discipline and distribute portfolio responsibilities according to proven capabilities.The effects are further leveraged in a situation of narrow electoral margins and the proposed party agenda.

The Constitution of Trinidad and Tobago provides a template for one constitutional consequence, namely the seat becoming vacant:

Section 49(2) states that a member of the House of Representatives shall also vacate his seat in the House where;
(e)"having been a candidate of a party and elected to the House, he resigns from or is expelled by that  party."

Section 49A provides for a procedure consequent on the vacation of seat where member resigns or is expelled.

Certainly this should pique the interest of the PNP President and the JLP Leader, as both political parties have had very telling experiences of members who have crossed the floor. The changing political landscape may facilitate a greater frequency.

Comments

Anonymous said…
Hi there! I simply wish to offer you a huge thumbs up
for the excellent information you've got right here on this post.
I am returning to your website for more soon.

Popular posts from this blog

DEA: Contracts with GOJ

Christopher 'Dudus' Coke  reputedly had tremendous wealth, powerful financial and commercial connections locally and internationally.The actual amount, nature, extent and location have never been made public.The proceeds of his drug running would have been strategically laundered with the assistance of shell companies strategically based in facilitating jurisdictions; business and property holdings arranged so as not to reveal the beneficial owner; and wherever possible, business conducted on a cash or barter basis. Coke had many business associates cum partners and substantial contracts with the Government of Jamaica (GOJ). The full extent of his business relationships with the GOJ has never been made public or verified. Nationwide News Network gave some indication of the number of contracts and the spread of government agencies involved: “Records from the Office of the Contractor General show that Incomparable Enterprise, a company owned and operated by Tivoli Gardens don...

Ask the Framers

A lot of time and energy have been devoted to what has been loosely called the "DUAL CITIZENSHIP DEBATE". Much interest has been accorded to the status of Jamaican citizens who have voluntarily acquired citizenship status of other Commonwealth states. More specifically, are such persons disqualified under Section 40 .2 (a) of the Constitution of Jamaica from either being elected as Members of Parliament, or appointed to the Senate? There are a number of ways to ascertain the true intention of the framers of the Constitution of Jamaica. The first is quite evident: read the words used in the section and employ a literal meaning. In case of some ambiguity, resort can be had to how similar sections and phrases used have been interpreted in other Commonwealth jurisdictions in the event that courts in Jamaica have not clarified the situation. However, there remains another avenue: ask the framers if they are still around, or consult their writings on the subject if such is availabl...