[HOME] [BACKGROUND ] [GENERAL INFO] [COMMISSIONS] [PARAPHERNALIA] [COMMITTEE SITTINGS] [LINKS] [CONTACT US]

  <<Background>>

The Jamaican Legislature


Jamaica was the first colony England acquired by conquest. This was in the year 1655 when the Spanish were driven from the island. From this time to 1661 the island was under military rule, in pretty much the same way that England was ruled by Cromwell.

When in 1660, monarchy was restored in England under Charles II, General D'Oyley was appointed Jamaica's first Governor and commissioned to rule with a Council of 12, 11 of whom were to be chosen "indifferently as many of the officers of the army and planters as could be conveniently admitted to such election". The 12th was the Governor's Secretary. However it does not appear that this Council was actually elected. Rather it appears to have been a nominated Council. The Governor and the Council continued to be the sole instruments of legislation in the island until 1664 when a House of Assembly was created by Deputy Governor Sir Charles Lyttleton "with the advice of the Council."

When the House of Assembly met in Spanish Town on January 20, 1664, the tradition of Parliamentary Government, patterned off the English model, began in Jamaica. The colony was then ruled by a Governor, representing he English Crown, a Council nominated by the Governor (though by no means controlled by the Governor at all times) and an elected Assembly. The Speaker at this First Assembly was Robert Freeman representing the district of Yallahs at the eastern end of the island.

From this early date the Assembly, starting from the assumption that it "was the epitome of the House of Commons", set out to gain like powers and privileges. The pattern of officialdom and its procedure were copied as far as possible, from those of the 'Mother of Parliaments', and the privileges it claimed were founded on English precedents. The Assembly differed from the English House of Commons in one very significant respect. Whereas in England, the Commons had not yet asserted its undisputed right to administer all Government money, the Assembly in Jamaica at its first session took into its own hand the entire administration of the revenues - allocating funds, checking disbursements, appointing a Treasurer to control the financial officials and authorising the Governor to draw funds.

The Council, on the other hand, never attained this preeminence and was in no way comparable in power to the English House of Lords, its counterpart. The council, too, differed from the House of Lords in another significant respect. In England, the House of Lords had a legislative function and a separate body, the Privy Council, exercised executive power as an advisory body to the Crown. In Jamaica the Council had a dual function - it was at one and the same time an advisory and a legislative body. In its legislative capacity the Council had to give assent to all bills before they become laws. These laws were passed by "the Governor, Council and Gentlemen of the Assembly" or similar form.

It was in this way that the colony was governed for 200 years. But during this time there were serious attempts at altering the Jamaican constitution.

In 1675, the Crown tightened colonial administration by setting up a new body to advise on "foreign plantations" instead of the Council for Trade and Plantations. This new body which lasted for 20 years, was Committee of the Privy Council, commonly known as the Lords of Trade and Plantations. It advised the King, Charles II, "that laws should be offered to the Assembly that they be consented as laws originally coming from your majesty". The present style of enactment, it was recommended, should be altered: "By the Governor, Council and the Representatives of the Commons (in this case the Jamaica Assembly) assembled" to give way to "Be it enacted by the King's most Excellent Majesty, by and with the consent of he general assembly". The Assembly saw in this a serious threat against their "rights and privileges", in effect against their power. This attempt to reduce the power of the Assembly was strongly resisted for six yeas; it led to a crisis in 1678, but in 1684 the crown gave way and the Assembly's power was left undisturbed. No sooner had the Assembly won the struggle against the Lords of Trade and Plantations than they were again involved in another one. The Lords of Trade and Plantations wished the Assembly to contribute, on a permanent basis, a revenue similar to the 41/2 % of duties they were getting from Barbados, a sister colony. The Assembly refused but finally agreed in 1728, after a struggle of more than 40 years - to assign the Crown a permanent revenue of £8,000 a year. But he last clause assigning this £8,000 to which the Royal Assent was given on May 29, 1729, declared that "all such laws as have been at any time esteemed ... or received as laws of this island shall and are hereby declared to be and continue laws of His Majesty's Island of Jamaica for ever." The Assembly had thus obtained the confirmation of earlier laws. This declaration has been termed by some historians to be "Jamaica's Magna Carta".

The next significant change came over 100 years later. This was in the period when Edward Jordon, Robert Osborn and Alexandre Bravo had by their efforts won for the free coloured people and Jews a recognition of civil liberties and had assisted in making possible the easy transition from slavery to freedom, completed by August 1, 1838. Soon after Melbourne's Ministry in England proposed measures contained in a 'Bill of Parliament' entitled 'An Act to make Temporary Provision for the Government of Jamaica'. In his attempt at carrying this measure Melbourne barely managed a majority in the House of Commons. Lord Melbourne resigned and the constitution of the Jamaican Legislature remained unchanged, until 1854, when the old Council's executive and legislative functions were separated. A privy Council with advisory functions and composed of 16 members was set up; the old Council was enlarged to 17 and became the Legislative Council, a purely legislative body with functions similar to those of the English House of Lords.

The function of advising the Governor possessed by the old Council was transferred to a Privy Council. The Assembly gave up the right of initiating money Bills, the Governor was advised on financial matters by an Executive Committee of both Houses, the members of which introduced Government measures, an in particular an Assemblyman on the Executive Committee introduced all financial proposals. All member of the Executive Committee were made Privy Councillors.

But this constitutional advance was not to continue for long. Eleven years later in the wake of economic and political disintegration the Council and Assembly agreed to "any measure tending to establish strong government so necessary for the well being of this community". This measure the Legislature consented to was 'Crown Colony Government'. Thus in 1866 the two-chamber gave way to a single-chamber, the Legislative Council, composed entirely of nominated ex-officio members. In 1866 Sir John Peter Grant arrived in Jamaica to carry out the administration of Crown Colony.

The year 1866 was a decisive reversal of two hundred years since the inception of a measure of representative government. From this time on, till 1884, the colony was administered by a succession of Governors responsible only too the Colonial Office. But it was also a period in which many fundamental reforms were made. These took place especially in the time of Sir John Peter Grant who did much to make the island's administration efficient and to provide better Health, Educational and Agricultural services.

It was during this time that the Legislature made its final and lasting removal to Kingston, which became the capital in 1872. 1884 marked the return to a measure of representative government in which nine elected members now sat in the single chamber, the Legislative Council. The Governor still presided over the Council and he was supported by a majority of nominated members.

In 1895, agitation led by Robert Love caused further reforms. The number of elected members was increased to 14.

Under this system of Government, power was once again shared by the elected members and the Governor, and the conflicts, especially over finance, continued; the franchise was gradually being extended and women, for the first time (in 1919) were allowed to vote (this antedates the extension of the franchise to women in England.) Against this background, the British Government proposed through the Wood Report to give a further advance. This was rejected by the elected members as they felt that it would reduce their power over financial measures.

The Constitution of 1895 remained intact. But it was again the basis for further discussion in the Moyne Report of 1838. This was another high water mark in the constitutional development of he island. For although there were no changes in the Constitution there were new and powerful forces at work demanding adult suffrage.

Six years later, in 1944 on November 20, Jamaica made a significant Constitutional advance. This constitution came in the wake of continued agitation both in and out of the Legislature. J.A.G. Smith K.C., and Harold Allen, elected members of the Legislative Council were the spokesmen for the Council members. They wished to replace Crown Colony Government with Representative Government as it existed prior to 1865 where there were two legislative chambers - the Upper House or Legislative Council, and the elected House of Assembly. The elected Assembly had control over finance and this, Smith wished to restore. But alongside the Smith proposals there were views of groups outside of Parliament which aimed establishing a new Constitution based on adult suffrage and which gave elected Ministers effective power. Mr. Norman Manley (the then Leader of the Opposition) articulated the demands. Arising out of the compromise of he smith and Manley proposals came the 1944 Constitution. The Constitution restored the two-chamber legislature - the Lower House to be elected on adult suffrage and to comprise of 32 Representatives - the Upper House of 13 nominated officials from the Civil Service and others; there was also an Executive Council, comprised of five (5) members of the House of Representatives and five (5) from the Legislative Council, presided over by the Governor as Chairman.

With the holding of elections in 1944 the House of Representatives was for the first time composed of members aligned to different political parties. Mr. Alexander Bustamante who had emerged as an outstanding labour leader during the period of unrest in 1938 led the majority party in the House of Representatives. Mr. Bustamante also headed the elected members in the Executive Council, which was in some degree responsive to the House of Representatives in spite of the Governor's nominal majority.

This continued until 1949 when the elected members were given a greater share of power which resided in the Executive Council. Further advances were made over the succeeding years. In 1953, the elected members formed the majority in the Executive Council and were given greater ministerial responsibility. Four years later, in 1957, the Council of Ministers formally replaced the Executive Council, and the Governor did not preside over its deliberations, it was in essence a cabinet.

In 1959, Parliament achieved complete control over the affairs of the island; the Governor only having power in so far as external affairs was concerned. The Chief Minister now became the Premier. It was in that same year that the Jamaican Parliament appointed and Auditor General, responsible and removable only by the Parliament, to see that Government's finances were managed as Parliament voted. This was an important step that followed the gradual acquisition of power by the local Parliament. At the same time the membership of the Parliament was increased. The House of Representatives moved from 32 to 45, and the Legislative Council from 13 to 21. The Legislative Council was presided over by a President elected by the members who were appointed by the Governor on the advice of the Premier and the Leader of the Opposition.

In 1962, August 6, Jamaica attained independence. The Parliament of Jamaica was the sovereign legislative body. The membership of the House of Representatives remained at 45, but the Constitution provided that the number may be increased to 60. The Legislative Council was renamed the Senate with the membership remaining at 21, 13 appointed by the Governor-General on the Prime Minister's recommendation and eight on the advice of the Leader of the Opposition.

Laws passed by Parliament and assented to by the Governor-General (as the Queen's representative), unless in conflict with the Constitution, provide Jamaica with the rule of law enshrined in, and subject only to, the provisions of the Constitution.

         

< previous| next >

<top>


[Mission Statement] [Vision Statement] [Message from the Clerk] [The Administration] [Standing Order]

      

Copyright©2003Houses of Parliament
All Rights Reserved