THE REVERBERATIONS from yesterday's Privy Council ruling on the Jamaican Government's attempts to amend the Constitution to accommodate the setting up of the Caribbean Court of Justice (CCJ) will be felt for some time throughout the region.As was noted in the ruling released yesterday, the key question before the Privy Council was whether the procedure adopted by the Jamaican government in enacting related legislation complied with the requirements laid down in the Constitution.
Beyond any immediate concerns about political embarrassment or loss of face, the issue to be faced as outlined by their Lordships, is whether sufficient care was taken by the proponents of the CCJ to protect the rights and interests of the Jamaican people. For as they noted, an important function of a constitution is to give protection against governmental misbehaviour.
In this regard, the efforts by the Independent Jamaica Council for Human Rights, the Jamaican Bar Association, Jamaicans for Justice and the Opposition are to be commended for their vigorous defence of the principles of the Constitution and the protection of the interests of Jamaicans. The Privy Council's ruling is that the legislation mooted by government, when taken together, had the effect of undermining the provisions of Chapter VII of the Constitution.
This raises for us an important issue that should be of more than academic interest that is, the deep fissure in reasoning between the local Court of Appeal and the Privy Council. It is noteworthy that the local court, by unanimous vote, threw out the case advanced by the Opposition and human rights groups, and the Privy Council, by unanimous vote, agreed with the arguments. There was no dissenting voice on either side.
So was the government given faulty advice? Or was it propelled by hubris? It seems to us that much of the contention was rooted in arrogance and partisan considerations rather than a desire to observe the spirit and intent of the Constitution.
The Prime Minister has said he will be consulting his Caribbean colleagues on the way forward. He and his government, will, we believe, have little option but to aim for a compromise with the Opposition before they can proceed with a regional appellate court. A referendum may not be an imperative, but a political solution will require a less strident tone to the discussions and attempts to refashion Caribbean jurisprudence.
