Stephen Vasciannie

We seem to have been considering reforms to the Jamaican Constitution for most of my adult life. All the same, the process now seems to be coming closer to an end, with a reasonable flurry of activity in Parliament. No doubt, however, this type of reform will take place in stages, so the constitutional reform process will be with us for some time to come.

Generally speaking, constitutions set out two main sets of rules: (a) those pertaining to the structure of government, and (b) those pertaining to fundamental rights and freedoms of individuals. Both sets of rules are contemplated in the reform process now being undertaken by the Government.

The rules pertaining to the structure of government are meant to be changed so that Jamaica can have a republican system of government. One point of discussion that arises from this reform concerns the replacement for the Queen. Will Jamaica retain a president who serves in a limited ceremonial and symbolic role - as the Governor- General now does - or will the country wish to have an executive president, with functions more in line with that of a prime minister?

It seems that both major political parties are inclined to retain a ceremonial president. In the current dispensation, the Governor-General is appointed by the Prime Minister. If this continues under the presidential system, some critics will find that the appointments procedure for the president is insufficiently apolitical for their liking.

Torturous process

The debate on the establishment of the Caribbean Court of Justice and the abolition of appeals to the Judicial Committee of the Privy Council has been a long, somewhat torturous process, with the Privy Council itself passing judgment on the constitutionality of the court that is intended to replace the Privy Council. It appears that both political parties are now prepared to have a referendum on the establishment of the CCJ.

But both parties are yet to agree on the nature and timing of the referendum, if recent reports are accurate. According to those reports, the Government wishes to have a referendum following a vote in Parliament on the CCJ. This referendum would then give the people the opportunity to say whether or not they wish to have the CCJ as our final court of appeal. The Opposition, on the other hand, wishes to have an "indicative" referendum, that is, one that is held before the vote in Parliament, so that we may gain some sense as to what the Jamaican people believe about the CCJ.

Other issues concerning the structure of government have arisen in recent deliberations. Not least of these is the question of a fixed election date, an issue on which the Attorney-General and the Leader of the Opposition, both speaking formally, have expressed differing viewpoints. In brief, the Attorney-General's perspective is that the flexible date approach is inherent in the Westminster system, and it helps to promote efficiency on the part of both Government and Opposition. In contrast, the Leader of the Opposition argues that the fixed-date system will help to reduce political tension, and remove an inherent advantage given to the governing party on the question of the election date.

Fundamental Rights

With respect to fundamental rights and freedoms, the Charter of Rights appears to be heading into port. The Attorney-General has recently indicated that, from the Government's viewpoint, there should be no change in the law pertaining to buggery. The Leader of Opposition Business in the Senate is also associated with this viewpoint.