In a significant legislative development, the House of Representatives in Jamaica approved a bill to amend Section 61 of the nation’s Constitution on May 28.
This amendment is set to revise the Words of Enactment within the legal framework, marking a pivotal first step in a broader initiative to overhaul the Constitution to reflect the will of the Jamaican Parliament and its people.
Streamlining authority: The essence of the Amendment
The Constitution (Amendment of Section 61) Act, 2024, steered by Minister of Legal and Constitutional Affairs, Hon. Marlene Malahoo Forte, aims to redefine the foundational authority for legislative enactments.
This adjustment is not merely a procedural update but a significant move underscoring the supreme legislative power of the Jamaican Parliament.
The amendment delineates three types of constitutional provisions—ordinary, entrenched, and deeply entrenched—each requiring different levels of legislative and public consensus for modification.
Simplifying the legislative process
Currently, the constitution categorizes its provisions to stipulate how each can be altered. Ordinary provisions demand a simple majority in both houses, while entrenched provisions need a two-thirds majority.
Deeply entrenched provisions go a step further, requiring not just a supermajority in Parliament but also a majority in a public referendum.
The bill also addresses how these provisions can be rejected or modified further in the Senate, setting clear thresholds for voter approval.
The role of the monarchy in legislative terms
Section 61 primarily involves the Words of Enactment that accompany every bill presented for assent.
Traditionally, these words have included a reference to the Queen, reflecting Jamaica’s status as a constitutional monarchy.
However, the recent passing of the Queen has propelled a reevaluation of these terms to better align with Jamaica’s evolving political landscape and its potential transition to a republic.
Constitutional interpretation and future directions
The amendment comes in the wake of differing opinions on how to proceed following the monarch’s demise.
While the UK’s Interpretation Act of 1889 offers guidance on interpreting constitutional references to the Crown, the actual text can only be changed through the formal legislative process.
This is a crucial distinction that reinforces the sovereignty of Parliament in constitutional matters.
Preparing for a Republican future
The Constitutional Commission of Jamaica had already contemplated such changes in its 1993 report, suggesting that the Words of Enactment be modified to reference the “People and Parliament of Jamaica,” anticipating the country’s potential shift from a constitutional monarchy to a republic.
This amendment ensures that any future legislation, including bills to establish a republic, will bear words that reflect this new status.
Legislative outcomes
The vote in the House of Representatives saw significant support for the bill, with 33 members in favor.
However, the decision was not unanimous, with three abstentions and 24 members absent from the vote
