Constitution of the Republic of Jamaica

Declaration of the Republic of Jamaica

The citizens of Jamaica hereby pronounce that Jamaica is an independent and sovereign republic, and hereafter is known as the Republic of Jamaica. Any allegiance to any other sovereign power or state is hereby revoked. The citizens and all land, edifices and chattel of the Commonwealth of Jamaica will henceforth constitute the Republic of Jamaica, maintaining all titles, covenants and boundaries accordingly unless otherwise stated herein. The Republic of Jamaica is a pluralistic democracy based on national unity, good governance, development, social justice, tolerance and resolution of problems through dialogue and consensus.

Constitution of the Republic of Jamaica

Preamble: The post-colonial period of Jamaica is a study in the development of a colonized people under self-government utilizing the inherited resources, infrastructure, institutions, governance systems and international arrangements (relationships, associations, networks) established by their colonizers. The increasing desire of Jamaicans to create a Jamaican republic represents an unprecedented opportunity for self-reflection and analysis by formerly-colonized people, having had the experience of full lives at the wheel of the ship-of-state of independent Jamaica, together with their progeny, to chart a better course, and pave a new way forward. The new Constitution of Jamaica must therefore reflect the will of a mature, independent people with a record of accomplishments over a lifetime of overcoming difficulties, and establish a blueprint of “best practices” to improve the welfare and advance the development of the Jamaican people. Challenges such as established conflict of interest practices between the administration and political directorate, unorganized “garrison” communities and communities without leadership institutions, unaccountability of government ministries, agencies and statutory bodies, procurement challenges within government, among others, require unassailable, structural changes of governance systems achievable only through constitutional reforms. 

This Constitution is the supreme law of the Republic of Jamaica and any law enacted by the Legislature after the commencement of this Constitution which is inconsistent with this Constitution shall, to the extent of the inconsistency, be void. All laws, policies and regulations adopted by the Commonwealth of Jamaica are superseded by and subject to the edicts of this Constitution.

Amendments to the Constitution of the Republic of Jamaica – No amendment can be made to this constitution except by a national referendum and a vote of at least two-thirds of the registered electorate except where so stated herein specifically, and only by a two thirds majority of the Legislature (L2/3).

Territorial Jurisdiction

All land, territories and territorial waters of the island of Jamaica located (…. to ….. degrees latitude and …. to ….. degrees longitude) and surrounding Cays (Lime Cay, Maiden Cay …….) constitute the Republic of Jamaica, and, except where already titled under the laws of the Commonwealth of Jamaica, are the properties of the citizens of the Republic of Jamaica and are subject to the supreme laws of this Constitution. Ownership and administration of all land titled under the laws of the Commonwealth of Jamaica will be subject to the supreme laws of this Constitution. The Republic of Jamaica shall establish alliances in all areas of national life with other nations of the Caribbean regions whenever feasibility permits. The Republic of Jamaica shall establish alliances with the former colonial powers of Jamaica to ensure the economic and organizational sustainability of Jamaica’s institutions.

(Note: Economic and institutional sustainability is an unmet colonial obligation that must now be formally established – reparations.)

Fundamental Rights of the Citizens of the Republic of Jamaica

The Constitutional Amendment of 2011 – Charter of Fundamental Rights and Freedoms is adopted in whole in this Constitution.
Add:-
– The right to knowledge and education for productive citizenship
– The right to healthcare for the maintenance of good health, and to alleviate pain and infirmity.
– The right to peaceful assembly to petition the Parish Council, Parliament or any government official.