Referendum: Meaning and when is one needed
1. What is a referendum? A referendum is the putting of a specific question or questions to voters as to whether they agree or not with a proposed policy, plan or law.
2. Have we ever had a referendum in Jamaica?
Yes. In 1961 there was a dispute as to whether Jamaica should remain as a member of the Federation of the West Indies and a referendum was held to decide that issue.
3. How was that referendum conducted?
We used our regular electoral system, with each elector voting at his or her designated polling station on a ballot paper where the question was: ‘Should Jamaica remain in the Federation of the West Indies?’ and space was provided for the voter to place the mark X in either the space with the word “Yes” or the space with the word “No”.
4. For the purposes of constitutional change or reform, is a referendum necessary?
In the Jamaican Constitution, there are certain provisions which are described as deeply entrenched because they can’t be abolished or changed without special majorities and, in some cases, a referendum.
5. What are examples of those changes which require a referendum?
a) The abolition of the monarchical form of government by which King Charles III is Jamaica’s King and formal head of State,
b) The adoption of a republican form of government with a president who is not appointed on the basis of blood relationship,
c) The limited duration of Parliament and the requirement to hold general elections within a specified time after the dissolution of Parliament.
d) Other examples are the establishment and composition of the House of Representatives and the Senate, the qualifications for membership of the Senate and the House of Representatives, the duration of the life of each Parliament and the holding of general elections within three months of the dissolution of Parliament.
6. Are there different degrees of entrenchment or different requirements to alter particular sections of the Constitution?
Yes. Some provisions are ordinarily entrenched and only require a referendum for amendment if the necessary majority for the change is not obtained in the parliamentary vote.
7. What are some of the most important of these ordinarily entrenched provisions? a) The Charter of Rights b) The establishment of the Supreme Court and Court of Appeal
c) The establishment of the Office of the Director of Public Prosecutions
d) The establishment of the Office of the Auditor General
e) The authorisation of public expenditure
f) The establishment and functions of the Public Service and Police Service commissions.
8. What provisions are deeply or specially entrenched?
The provisions which always need a referendum to be abolished or changed are:
a) The rule that the Constitution is supreme and above all other laws;
b) The establishment of the houses of Parliament and the qualifications of their membership;
c) The duration or life of each Parliament;
d) The power of the prime minister to advise on the dissolution of Parliament and therefore the timing of general elections;
e) The requirement to hold general elections within three months of the dissolution of Parliament; and
f) The formal vesting of the executive authority of Jamaica in the British monarch.
The information for the Jamaica Observer’s Road to Republic Questions and Answers is provided by Citizens Action for Free and Fair Election (CAFFE). Send response to editorial@jamaicaobserver.com