The Constitutional Systems of the Commonwealth Caribbean: A Contextual Analysis (Constitutional Systems of the World)

The Commonwealth Caribbean comprises a group of countries (mainly islands) lying in an arc between Florida in the north and Venezuela in the south. Varying widely in terms of their size, population, ethnic composition and economic wealth, these countries are, nevertheless, linked by their shared experience of colonial rule under the British Empire and their decision, upon attaining independence, to adopt a constitutional system of government based on the so-called'Westminster model'. Since independence these countries have, in the main, enjoyed a sustained period of relative political stability, which is in marked contrast to the experience of former British colonies in Africa and Asia. This book seeks to explore how much of this is due to their constitutional arrangements by examining the constitutional systems of these countries in their context and questioning how well the Westminster model of democracy has successfully adapted to its transplantation to the Commonwealth Caribbean. While taking due account of the region's colonial past and its imprint on postcolonial constitutionalism, the book also considers notable developments that have occurred since independence. These include the transformation of Guyana from a parliamentary democracy to a Cooperative Republic with an executive president; the creation of a Caribbean Single Market and Economy and its implications for national sovereignty; and the replacement of the Judicial Committee of the Privy Council by the Caribbean Court of Justice as the final court of appeal for a number of countries in the region. The book also addresses the resurgence of interest in constitutional reform across the region in the last two decades, which has culminated in demands for radical reforms of the Westminster model of government and the severance of all remaining links with colonial rule. Cover Half-title Title Copyright Preface Contents Table of Cases Table of Legislation INTRODUCTION 1. CONSTITUTIONAL HISTORY Part I: Background Part II: Colonial Government A. The ‘Representative System’ B. ‘Crown Colony Rule’ C. Federation Part III: Independence A. The Decolonisation Process B. The Independence Constitutions 1. The ‘Westminster Model’ 2. Bills of Rights Conclusion 2. THE HEAD OF STATE Part I: Background Part II: The Crown as Head of State Part III: The Constituional Framework A. Functions of the Head of State B. Appointment and Removal of Governors General and Presidents 1. Governors General 2. Presidents Part IV: Judicial Review of the Constitutional Functions of Presidents and Governors General A. Susceptibility to Judicial Review 1. Common Law 2. Immunity Clauses 3. Ouster Clauses B. Justiciability Conclusion 3. ELECTORAL SYSTEMS Part I: Background Part II: Electoral Systems A. ‘First Past the Post’ (FPTP) B. Guyana and the ‘Party List’ System Part III: Management and Administration of Elections A. Constituency Boundaries Commission (CBC) B. Electoral Management Bodies Part IV: Financing of Political Parties and Access to the Media A. Regulating the Financing of Political Parties and Election Campaigns B. Regulating Access to the Media Conclusion 4. THE EXECUTIVE Part I: Introduction Part II: The Prime Minister and the Cabinet A. The Prime Minister 1. Appointment and Removal 2. Powers B. The Cabinet 1. Appointment and Removal of Ministers 2. Functions of Ministers C. Ministerial Accountability 1. Collective Responsibility 2. Individual Ministerial Responsibility D. Guyana: From Executive Presidency to Semi-Presidentialism Part III: The Public Service A. Public Service Commissions (PSCs) B. Independence, Racial Divisions, Ideological Differences and the Problems of Small Island States C. New Public Management (NPM) 1. Executive Agencies 2. Privatisaion of Public Services Conclusion 5. PARLIAMENT Part I: Introduction Part II: Membership and Structural Organisation of Commonwealth Caribbean Parliaments A. Members of Parliament (MPs) 1. Elected Members 2. Nominated Members B. Leader of the Opposition C. The Speaker D. Privileges of Parliament 1. Freedom of Speech 2. Control of Parliamentary Affairs E. Regulating the Financial Interests of MPs Part III: Parliament’s Law-Making Powers A. The Law-Making Process B. Constraints on Parliament’s Law-Making Powers 1. Procedural Limitations 2. Substantive Limitations Part IV: Scrutiny of the Executive A. Scrutiny of Policy and Administration B. Financial Scrutiny 1. Auditors General 2. Public Accounts Committees (PACs) Conclusion 6. THE CONSTITUIONAL ROLE OF THE COURTS Part I: Background Part II: Judicial Independence: National Courts and the Eastern Caribbean Supreme Court (ECSC) A. Appointment of Judges B. Removal of Judges C. Terms and Conditions of Service D. Political Culture Part III: The Caribbean Court of Justice (CCJ) A. The Debate about the CCJ’s Appellate Jurisdiction 1. Funding of the CCJ 2. Appointment and Removal of the CCJ’s Judges 3. Constitutional Entrenchment of the CCJ B. The Prospects for the CCJ’s Appellate Jurisdiction Part IV: Constituional Review A. Locating the Juridical Basis for Constituional Review B. Bills of Rights and Constitutional Review 1. The Presumption of Constitutionality 2. Saving Clauses and the ‘Nasralla Presumption’ 3. The ‘Purposive Approach’ 4. Tensions between the ‘Purposive Approach’ and the ‘Nasralla Presumption’ 5. Whither Savings Clauses Conclusion 7. THE CONSTITUIONAL IMPLICATIONS OF REGIONAL INTEGRATION Part I: Background Part II: Institutional Structure of CARICOM, Mode of Governance and the ‘Original’ Jurisdiction of the Caribbean Court of Justice (CCJ) A. Organs of the Community B. Mode of Governance 1. Decision-Making and Voting Procedures 2. Sources of Law C. Original Jurisdiction of the Caribbean Court of Justice (CCJ) 1. Proceedings by Individuals 2. The Reference of Disputes by a National Court under Article 214 of the Revised Treaty of Chaguaramas (RTC) 3. Incorporation of the Revised Treaty of Chaguarmas (RTC) Part III: The Organisation of Eastern Caribbean States (OECS) A. The Treaty of Basseterre (ToB) B. The Revised Treaty of Basseterre (RTB) Conclusion 8. POST-INDEPENDENCE CONSTITUIONAL REFORM Part I: Introduction Part II: The Case for Constitutional Reform A. Democratic Governance B. The Legacy of Colonial Rule Part III: Obstacles to Constituional Reform Part IV: The Jamaica Charter of Rights and Freedoms Conclusion Index "The Commonwealth Caribbean comprises a group of countries (mainly islands) lying in an arc between Florida in the north and Venezuela in the south. Varying widely in terms of their size, population, ethnic composition and economic wealth, these countries are, nevertheless, linked by their shared experience of colonial rule under the British Empire and their decision, upon attaining independence, to adopt a constitutional system of government based on the so-called 'Westminster model'. Since independence these countries have, in the main, enjoyed a sustained period of relative political stability, which is in marked contrast to the experience of former British colonies in Africa and Asia. This book seeks to explore how much of this is due to their constitutional arrangements by examining the constitutional systems of these countries in their context and questioning how well the Westminster model of democracy has successfully adapted to its transplantation to the Commonwealth Caribbean."--publisher This book offers a comprehensive contextual analysis of the constitutional systems of the Commonwealth Caribbean taking into account the region's colonial past as well as considering notable developments that have occurred since independence.