Questionable Conduct: The Jamaican Political Reality

Former Prime Minister in an article entitled " The unfinished business of constitutional reform " The Jamaica Observer, Sunday, April 22,2018 listed among the "other matters which continue to languish although full agreement was reached" the requirement that only citizens of Jamaica are eligible to sit in Parliament. Given the acknowledged voter apathy, the cost of a referendum ($1b), the technicalities of the wording and the prolonged procedures involved, it is hereby suggested that both major political parties give effect to  agreement reached on the eligibility issue. This can simply be done by the adoption of candidacy guidelines that reflect such and  followed by internal vetting of likely candidates for the elections and nominees to the Senate. Prime Minister Andrew Holness indicated the current regime's position on the "dual citizenship debate" in the St. Mary by election, October 2017: "But afterwards, we have to figure out now, bec...

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...

“It is abundantly clear that the constitution does not confer on every Jamaican citizen the right to be elected as a Member of the House of Representatives.” McCalla CJ. There have been calls to abolish the constitutional provisions which stipulate the requisite citizenship status of the Members of Parliament and Senators. It is being mused that given the age of globalization and the significant financial importance of the Jamaican Diaspora, the current provisions are obsolete, inimical to good governance and provide an unnecessary obstacle to the development of the country. It is being proposed that there should be a full public debate and the requisite procedures invoked to amend the now controversial provisions. Pre-Conditions The need for constitutional reform cannot be disputed in light of the changing world environment and the local socio-political realities which a fundamentally different from those informing its conception. It is also evident that th...