Questionable Conduct: The Jamaican Political Reality

The Court of Appeal did not address the interpretation of the phrase " foreign Power or State " in S.40(2)(a) of the Constitution of Jamaica. This was a missed opportunity since the interpretation to be accorded to the said phrase is central to any discussion of "dual citizenship" in the Jamaican polity. This omission may be justified by the fact that the issue was not raisd before the Court in the Dabdoub/Vaz appeals as it was fully recognized that the USA was a " foreign Power or State ." The issue not being properly before the Court, the matter should have been avoided. Indeed it is only Smith J.A. who did not venture an opinion on divided loyalty as regards membership in the House of Representatives. Panton P. : 35. " The framers of the constitution clearly intended that Jamaicans who by their own act sought and received non-Commonwealth citizenship, or having not so sought it, nevertheless voluntarily acknowledged allegiance to such countries, sh...

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...

“Commonwealth” not “Foreign” Some proponents of the view that Commonwealth states are not included in the term “foreign Power or State” seek to advance the following:  Chapter II of the Constitution of Jamaica deals with Citizenship. Section 12 gives the following interpretation: “Foreign country” means a country (other than the Republic of Ireland) that is not part of the Commonwealth; Hence, the term “foreign Power or State” should be construed in accordance with that of “foreign country.” As mentioned before, the proponents have yet to produce any judicial interpretation to substantiate their position. Moreover, it may be convenient to ignore that (a) the section being relied upon begins “In this Chapter – “. The interpretations are specific to Chapter II; (b) “foreign country” is not necessarily synonymous with “foreign State or Power.”  In relation to those holding Canadian, British or even Barbadian citizenship in addition to their Jamaican citizenship, it is being argued that ...