Government in the Caribbean

Government

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).

Structure of a constitutional monarchy

Difference between United States Government and Jamaican Government

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 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

The Judiciary and its functions

This building holds the Supreme Court in Jamaica

-To interpret law
-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 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