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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.
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