The executive/top management

THE EXECUTIVE in most Caribbean countries is based on the Westminster model of government, consisting of some of the elected members of parliament and appointed members of the Senate who form the 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 governor general appoints the prime minister from the members of the House of Representatives from the governing party. This person is believed to be the one who is felt to be the best able to command the confidence of a majority of the members of the House. The governor general also appoints the other ministers on the advice of the prime minister. The governor general, in consultation with the prime minister, appoints an attorney general, who is the principal legal adviser to the Government.

THE PRIME MINISTER AND THE LEADER OF THE OPPOSITION

The prime minister is the leader of the party that has the majority of seats in the House of Representatives. S/He controls the allocation of ministerial offices and has the power to recommend the termination of Parliament. As a result, the prime minister controls the timing of general elections. The prime minister, in consultation with the leader of the opposition, appoints the chief justice and the president of the Court of Appeal, as well as members of the service commissions, which oversee public servants and serve to insulate public service from political patronage and partisan pressure.

The opposition leader is the representative, appointed by the governor general, who appears in his view to have the greatest support of those members opposed to the majority government. The prime minister creates an executive government and advises the governor general on the appointments to 13 of the 21 seats in the Senate. The leader of the opposition is responsible for advising the governor general on the appointment of the remaining eight senators to represent the opposition in the Senate.

The prime minister forms and presides over the Cabinet. He/She advises the queen on the appointment of the governor general.

CABINET

The Cabinet is the centre of the system of government. It initiates government policies and programmes, and is responsible for the general direction and control of the Government. The Cabinet must consist of the prime minister and not less than 11 other ministers. Not more than four ministers must be appointed from the Senate, and they may have portfolio responsibilities. The other Cabinet ministers are appointed from the House of Representatives.

Cabinet ministers may be assisted by ministers of state and parliamentary secretaries. However, important matters, especially those which may become the subject of discussion in Parliament, are brought before the Cabinet for discussion and decision.

ROLE OF THE CABINET

■ To formulate policies to guide growth and development of a country.

■ To decide on the Budget.

■ 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 CIVIL SERVICE

This refers to the body of employees in any government agency other than the military. Referred to as civil servants or public servants, these individuals are employed in the public sector in/for a government department or agency.

The civil service executes government decisions and, therefore, plays a vital part in politics. It is split into a number of departments attached to a government department.

Additionally, there are special bodies under Jamaican law with direct authority over certain aspects of government business. These bodies are known as statutory bodies and are autonomous agents within the Government of Jamaica hierarchy. Examples of statutory bodies are the Jamaica National Heritage Trust and the National Housing Trust.

ATTORNEY GENERAL

The role of the attorney general is to advise the Government on legal matters. This is a Cabinet appointment, usually by the governor general on recommendation of the prime minister. The attorney general is not involved in criminal prosecutions.

LOCAL GOVERNMENT

The administration of government business is further decentralised through local government entities. These elected officials are responsible for maintaining infrastructure and public facilities, such as parochial roads, water supplies, drains, parks and recreational centres, markets, transportation centres and public sanitary conveniences.

THE JUDICIARY

The legal system of Jamaica is based on British common law. The administration of justice is carried out through a court system.

The courts of Jamaica are:

■ The Judicial Committee of the Privy Council, which is the final court of appeal, is based in London, England. It hears appeals on criminal and civil matters from the Jamaican Court of Appeal.

■ The fairly newly formed Caribbean Court of Justice (CCJ) is one of the primary institutions of the Caribbean Community (CARICOM). The CCJ has two core functions: to act as the final appellate court for the CARICOM member states and as an international court ruling on matters relating to the foreign policy coordination of the Revised Treaty of Chaguaramas (2001) that outlines terms of economic cooperation among CARICOM members.

■ The Court of Appeal consists of the president of the Court of Appeal, the chief justice (who sits at the invitation of the president) and six judges of the Court of Appeal. A person who is dissatisfied with a decision of one of the other courts, except Petty Sessions, can appeal to this court. Petty Sessions appeals are heard by a judge in chambers or by justices of the peace.

■ The Supreme Court of Jamaica is responsible for hearing serious civil and criminal matters.

■ The Resident Magistrate’s Courts deal with less serious civil and criminal offences. They are referred to as inferior courts of record with broad jurisdiction over common-law actions, cases involving land, issue of warrants, granting of bar and dancehall licences, preliminary inquiries and inquest into suspicious or unknown causes of death. There is one such court in each of the 14 parishes in the island. The resident magistrate of a parish is also the coroner and conducts preliminary inquiries into criminal matters.

■ There are other special courts such as traffic, gun, family, revenue, coroner’s, juvenile and civil courts.

ACTIVITIES

a. State THREE functions of the executive. b. Identify the components of the executive and state the duties of each group or persons.

c. Give THREE reasons we need an Opposition in Parliament.

d. Suggest THREE ways in which the opposition and the party in power may work together for the good of the country.

e. Make a diagram illustrating the structure of the judicial system in your country. f. State THREE functions of the judiciary. g. Suggest THREE ways in which the judiciary strives to protect citizens and explain how successful you think the system is in curbing criminal behaviour in your country.

SOURCES

Overview of Government in Jamaica: http://jis.gov.jm/features/overview-governmentjamaica/

Project on International Courts and Tribunals – Caribbean Court of Justice

Centro de Estudios de Justicia de las Americas – Jamaica: Judicial Branch

The Judiciary: http://jis.gov.jm/government/the-judiciary/