Government
Separation of Powers
Separation of Powers
Structure of Government or the Branches of Government
The structure of a government is determined in large
part by the constitution of the country. The constitution describes the
relationship of various parts of government to one another and the functions to
be carried out by each part. For example, the constitution sets out the
functions of the president or prime minister of a country. The three branches
of government are: the legislature, the executive and the judiciary. Each
branch has specific functions and powers. The aim of this separation of powers
is to preserve political liberty and independence. However, it seems difficult
for the three branches to remain completely independent of each other, though
in areas of overlap, care is taken that impartiality is observed.
The bicycle as the Government
The bicycle can be compared to the branches of government. The Executive as the tyres and spokes, the Judiciary as the handle bar and brakes and the Legislature as the chains, gears and pedal. The Executive sets policies which can be interpreted as changing the spokes and tyres occasionally. The Legislature makes, amends and repeals law; this can be interpreted as the chains which needs to be adjusted occasionally (amending laws), gears which needs to be shifted (repealing laws) and a new feet pedaling the bicycle (making new laws). The Judiciary enforces the law and conduct trials or appeals. It can be interpreted as the handle bar which steers the way (conducting trials or appeals) and the brakes that control the speed or brings the bicycle to stop (enforces the laws).
The bicycle as the Government
The bicycle can be compared to the branches of government. The Executive as the tyres and spokes, the Judiciary as the handle bar and brakes and the Legislature as the chains, gears and pedal. The Executive sets policies which can be interpreted as changing the spokes and tyres occasionally. The Legislature makes, amends and repeals law; this can be interpreted as the chains which needs to be adjusted occasionally (amending laws), gears which needs to be shifted (repealing laws) and a new feet pedaling the bicycle (making new laws). The Judiciary enforces the law and conduct trials or appeals. It can be interpreted as the handle bar which steers the way (conducting trials or appeals) and the brakes that control the speed or brings the bicycle to stop (enforces the laws).
 |
| Structure of a constitutional monarchy |
Difference between United States Government and Jamaican Government
-To formulate policies to guide growth and development of a country.
-To decide on the budget
-To discuss draft legislation
-To make decisions about the internal and external affairs of the country.
-To manage the day to day activities of society
-To obtain loans from national, regional and international sources
-To introduce new laws or statutes.
-To amend or alter existing laws
-To ratify international treaties
-To repeal those laws which are no longer applicable or relevant to society
-To discuss matters of urgent public concern
In the United States, at the federal level,
legislative powers are vested in the elected members of Congress (the Senate
and the House of Representatives) and the executive powers in the president who
is assisted by the Cabinet. The president is elected by the citizens, while the
non-elected Cabinet is appointed by the president and is subject to
confirmation hearings of the Senate. The judicial powers lie in the Supreme
Court. The Supreme Court judges are nominated by the president but are subject
to confirmation hearings in the senate.
Several Caribbean countries that were formerly
British colonies have kept the British structure of government known as the
Westminster Model, but there are some minor differences. In Great Britain,
Parliament consists of the Sovereign (Monarch), the House of Lords (Upper House)
and the House of Commons (Lower House). Today, in Jamaica, we have a
constitutional monarchy, where the Monarch is head of state and the Governor-General
represents her. Then they are the three branches: the Legislature (Makes,
amends and repeals law), the Executive (Sets policy) and Judiciary (Conducts
trials or appeals).
The Executive and its functions
 |
| On a daily basis the Executive arm of government meets regular to debate policies such as the Anti-Scamming policy, No public smoking policy etc. |
-To formulate policies to guide growth and development of a country.
-To decide on the budget
-To discuss draft legislation
-To make decisions about the internal and external affairs of the country.
-To manage the day to day activities of society
-To maintain proper security and defence for citizens.
-To approve recommendations from various ministries.-To obtain loans from national, regional and international sources
The Legislature and its functions
 |
| The picture above is depicting the Senate or the Upper House, both sides of the house consist of both Government and Opposition Senators. In this picture, the Government Senators are sided in the _______ section, while the Opposition Senators are seated in the ________ section. |
-To amend or alter existing laws
-To ratify international treaties
-To repeal those laws which are no longer applicable or relevant to society
-To discuss matters of urgent public concern
-To interpret law
-To enforce law by the administration of justice
-To make case laws
-To conduct court hearings
-To hear appeals
-To enforce law by the administration of justice
-To make case laws
-To conduct court hearings
-To hear appeals
Executive
The Executive in the Westminster model of government consists of some of the elected members of parliament and appointed members of the senate who form cabinet, headed by the Prime Minister. Some members of the civil service are also a part of the executive such as the Attorney General. The executive is charged with the responsibility of formulating and executing policy. Presently, there is a twenty member cabinet in Jamaica. Another important part of the Executive is the Shadow Cabinet. It is composed of the Leader of the Opposition who heads it and some of the elected and appointed members of the opposition. The Shadow Cabinet is responsible for the monitoring the work of particular ministers and their ministers. In Parliamentary there "shadow ministers" ask parliamentary questions concerning the responsibilities of the ministers.
Legislature
The legislature is the law-making branch of government. In the Caribbean, parliament may comprise of two house or a single house. If there are two houses it is called a bicameral and if there is only one house it is called a unicameral legislature. In Jamaica, this form of legislature is consists of two chambers which includes the senate or upper house and the house of representatives or lower house. The Upper house is unelected and consists of government and opposition senators who are appointed by the Governor General acting on advice from the Prime Minister and leader of the Opposition respectively. The majority of the members of the Senate are chosen by the ruling political party with a minority being chosen by the opposition. While, Lower house is consists of the elected members of the governing party and the opposition. The Legislature is largely responsible for enacting legislation. In bicameral legislatures both houses have equal powers except that there is a restriction on the power of the senate to introduce or amend some kinds of financial legislation.
The executive controls the legislature because all the elected members of the executive are members of the House of Representatives and non -elected members of the Senate.
Check s and Balances
Theoretically the legislature is supposed to act as a check on the executive.
N.B: Members of the executive are also members of the legislature as the legislature consists of both houses of parliament.
NB: Laws passed by the legislature may be declared unconstitutional by the Judiciary if they infringe the rights of citizens.
The Stages in making a law
Citizens, Non-Government Organizations etc.
Citizens express their ideas for a law to be made. The
Government initiates laws based on their policy directives.
The Green Paper
A policy paper that outlines the Government’s views on an
issue, including proposals for new laws, and which invites public opinion and
discussion.
The White Paper
A final policy paper that incorporates the views, if any,
arising from discussions on the Green Paper. It outlines a list of aims or
specific policies which the Government intends to carry out.
The Bill
A legal document that gives effects to the recommendations
in a White Paper. It is introduced in the House of Representatives or the
Senate.
First Reading
The “Short Title” of the Bill is read by the Clerk of the
House. No discussion takes place at this stage.
Second reading
The main principles of the Bill are debated and a vote is
taken on whether the bill should go forward. If the vote is in the affirmative,
the “Long Title of the Bill” is read a second time.
Committee Stage
The Bill is closely examined, by members of each political
party, and the points raised in the debate are discussed. Weaknesses are
addressed and revision done, if necessary.
Report Stage
The committee reports on the Bill. The Speaker of the House
reports any amendments to the Bill.
The Third Reading
The Bill is accepted or rejected by a majority vote. If
accepted, the Bill is referred to as having been “passed the House”.
To Other House
The Bill goes through the same procedures in the Senate
again, if it was started in the House of Representatives. The Senate may
disagree with any aspect of the Bill, and if so, the Bill must be sent back to
the House for its consideration.
Passed by Both House
Once majority of the Senators vote in agreement with the
Bill, it is now passed, and referred to as having been “passed by both houses”
or an Act.
Royal Assent
The Bill receives the Governor General’s Royal Assent and is
now law
The Bill is published
The bill is published in the Gazette, by Notice appointed by
the Minister, by Notice published in the Gazette, or such other date or period
of time, as stated in the bill.
The Act is effected
The Bill, now an Act, publicized fully and citizens are
encourage to comply with it.
Judiciary
The judiciary headed by the Chief Justice consists of judges who adjudicate on matters within the court system. The judiciary is independent and its members can only be dismissed for not discharging their duties or misbehaviour.
The importance of Separation of Powers
The separation of powers doctrine ensures that the balance of power is maintained within each arm of the state. As it relates to Jamaica, separation of powers exists as there are safeguards put in place to ensure that no institution overpowers the other or usurp its function.
The executive is kept in check by the parliament to which it is accountable to and by a large extent the electorate. The judiciary also ensures that the executive does not abuse its power; the process of judicial review of the actions of the executive ensures this. In addition, the judiciary is given the power to declare legislation that goes against the constitution of Jamaica as void.This safeguards the rights of the citizens an
d ensures that the executive does not wield arbitrary power. Judges in their application of the law must interpret legislation in accordance with the intention of parliament. Judges have had to interpret legislation which has been found to be ambiguous. This has somewhat given them some room in creating legal rights.
http://www.scribd.com/doc/105031124/Essay-on-the-Separation-of-Powers-in-Jamaica#scribd
Making laws
https://www.powtoon.com/show/dYmOuP6rc3K/making-laws/#/Publish/Vendor
Local Government
The Local Government refers to a
group of officials usually elected by citizens who have authority over a given
geographical area in a country, such as a parish, country, town, or city. This
includes authority for decision-making on infrastructure, economic and social
development, financial responsibility, service delivery, policing and law
enforcement in the area under control.
These officials are responsible and
accountable to citizens and central government. Local government is normally
established by an Act of Parliament, which gives it autonomy and authority for
an area of jurisdiction, defines officers and offices in the structure of Local
authority and their responsibility, states the appointment mechanisms and
describes their sources of revenue, financial responsibility and
accountability.
 |
| Hon. Noel Arscott, Minister of Local Government |
 |
| Hon. Colin Fagan, Minister of State-Local Government |
Ministers of government
belong to the central government. A minister may have responsibility for local
government in the portfolio assigned to him by the prime minister. In the case
of Jamaica, Honorable. Noel Arscott is our Minister of Local Government. While
the central government manages the affairs of the country at the national and
international level, the local government decentralizes the work of the central
government at the local level. They have their own elections (usually every
three years) for elected officials, such as Councilors, which is done by
dividing the country into smaller areas.
Local Government is responsible for the control and administration of specific aspects of these smaller divisions, and should try to meet the needs and expectations of neighborhoods and communities. Citizens should approach their local government representatives to resolve their problems as defined by their responsibility. Local government officials are entrusted to liaise with central government to satisfy the expectations of citizens.
Social Studies Class Presentation (February 11, 2015)
Assignment
1. The Functions of the Judiciary
Executive
1. What is the executive branch/arm of Government made up of?
2. What is the cabinet? What is it comprise of?
2. What is the cabinet? What is it comprise of?
2. What is meant by the terms Bicameral and Unicameral?
3. The head of Government gives each minister specific areas of responsibilities. What is this called?
4. Ministers who are not performing well in ministry may either be dismissed or reassigned to another ministry by the Prime Minister. What is this act called?
5. What is the role of the Prime Minister?
6. Find out the size of Jamaica's cabinet?
6. What is the role of the civil/public service?
Project: Assignment
Research the Electoral Process
5. What is the role of the Prime Minister?
6. Find out the size of Jamaica's cabinet?
6. What is the role of the civil/public service?
Project: Assignment
Research the Electoral Process
