Reference no: EM133728130

Assignment:

Jamaica is currently undergoing a constitutional reform review process following on the establishment of the Ministry of l\Legal and Constitutional Affairs in 2022and the appointment of a broad-based Constitutional Reform Committee (CRC). The CRC's mandate is to review theearlier constitutional reform proposals of the 1990s and make recommendations befitting the modern political realities of Jamaica.

All the questions below are around specific constitutional reform issues.

Questions

1. Given that the Westminster first-past-the-post system may hinder a truly participatory and representative democracy, should Jamaica consider adopting a proportional or mixed-member proportional electoral system? Critically discuss.

2. Should persons with dual citizenship be allowed to serve Jamaica in the capacity of prime minister or leader of the opposition? And should Commonwealth citizens with dual citizenship ever be allowed to sit in the Parliament?"

Critically discuss these issues as a going-concern and make your recommendations to the Constitutional Reform Committee (CRC).

3. "We do not want ceremonial president! We want a president with critical powers". This is the sentiment of many, including human rights lobby group, Jamaicans for Justice. The argument is that while a non-executive president is recommended, there are critical powers that should be specified in the Constitution for the functions of the non-executive president to guarantee effective checks and balances.

Critically discuss the reserved powers of a non-executive president that the new republic of Jamaica should have without adopting an executive presidential system. Also, what are your recommendations around the direct election or appointment of a non-executive president?

4. Replacing the final court, which is currently the Judicial Committee of the Privy Counci l(JCPCP, has been a contentious issue over the years. Make your recommendations known to the Constitutional Reform Committee(CRC) on this issue, ensuring that your proposed recommendations also consider a possible final court in Jamaica while the Caribbean Court of Justice(CCJ) is discussed.

5. APA 7th Edition, all citation and references

The Constitution of Jamaica outlines our fundamental rights and freedoms, mostly limited to civil and political rights. Based on your review of the document, what are some of the rights and categories that guarantee freedom from discrimination that should be listed?

The Constitutional Reform Committee(CRC) report has recommended that the life of parliament be extended beyond the current five years. Currently, the constitution allows this possibility only if Jamaica is at war. However, the CRC recognizes that other circumstances could arise at a critical point in the life of the Parliament that may prevent its resumption and make the holding of general elections impracticable. As a result, it wants the provisions of section 64(3) of the current Jamaican Constitution to be expanded to include disasters created by, or as a result of , the occurrence of any major earthquake, hurricane, flood, fire, outbreak of pestilence, infectious disease, or other calamity, whether similar to the foregoing or not.

Further, it has proposed that this extension be limited to periods not exceeding six months at a time for a maximum extension period of two years. In addition the CRC proposes that where the circumstances persist, the first extension is to be approved by a simple majority vote in the House of Representatives and any extension thereafter must be by a two-thirds majority vote,respectively, in both Houses of the Parliament

Carefully review this proposal and critique its feasibility.

5. Assess the advantages and disadvantages of the presidential system versus the parliamentary system of Government? Should Jamaica be looking at adopting a presidential system rather simply adjusting the current parliamentary system of governance?

6. The CRC report does not recommend instituting an impeachment process against elected officials for fair of political abuse, citing the possibility of political exploitation. Do you agree with this recommendation? What would be your recommendation on the right to recall elected officials?

7. The CRC report does not recommend a fixed election date. It does, however, call for a fixed five-year parliamentary term with the Prime Minister setting the election date within three months of assuming office. Critically analyze this proposal, and make arguments for a fixed term for the Prime Minister to serve and any other official(s) you would recommend.