Constitutional Reform Is Dead…Or Is It?

Constitutional Reform Is Dead…Or Is It?

Rosalea Hamilton, PhD

 (06 May 2025)– On April 14, 2025, Nationwide 90FM reported that “Prime Minister Dr. Andrew Holness has accepted that the goal of transforming Jamaica into a republic at this time, has been dashed. The prime minister places the blame of the failure squarely at the feet of opposition leader, Mark Golding.”

So does this mean that the Constitutional (Amendment) (Republic) Bill, 2024 to create a “Republic” that was tabled in Parliament on December 10, 2025 is now officially DEAD? It appears so! In the eyes of many Jamaicans, it was dead on arrival due to inadequate public education and engagement about the constitution and the reform process. Both the process and elements of the Bill were inherently flawed! Blaming the opposition leader obfuscates these flaws.

A Flawed Process: “An Act of Government”

In 2022, the Ministry of Legal and Constitutional Affairs (MLCA) was established to “spearhead the most meaningful and comprehensive post-Independence constitutional reform work to be undertaken in Jamaica,” among other things. This development was significant and far-reaching. Many Jamaicans were excited to see the end of the British monarch as Head of State. Even more exciting was the prospect of the Jamaican people actively shaping a new constitution. Recognizing the significance of this development, civil society organizations, including the Advocates Network, advocated for, as well as organized, public education/engagement on constitutional reform.

But, by March 1, 2023, when the Constitutional Reform Committee (CRC) was announced, the flaws became obvious. Controversy started about the composition of the CRC, the absence of transparency and public education/engagement, and more. The controversy escalated after widespread criticism of Minister Malahoo Forte’s announcement that the CRC had reached a consensus between the two main political parties on April 17, 2023, without adequate dialogue with the Jamaican people. By the time the Bill was tabled in December 2024, most Jamaicans were excluded from the process. Between 2023 and 2024, the MLCA reported that 12,000 Jamaicans were engaged in the process through stakeholder consultations, community engagements and a series of town hall meetings in six (6) parishes. This is grossly inadequate!

The flaw is rooted in a top-down, government-centric constitutional reform process, led by a Cabinet Minister, rather than a people-centric reform process, where the design, discussions, and decisions are rooted in the participation, priorities, and perspectives of the Jamaican people. It was “an act of government,” not the act of “a people constituting a government.” The process ignored the core principle in a Republic, that a constitution originates from the authority and will of the people, NOT the government. Government’s legitimacy is derived from the authority of its people and ought to operate under a constitution created by them. The idea that the authority of government comes from “the consent of the governed” (as noted on the MLCA website), and NOT individuals in government (or political parties), lies at the heart of this flawed process.

A Flawed Bill: Retaining the Status Quo

The Bill is fatally flawed due to Cabinet’s decision to “retain the Parliamentary Cabinet System of government,” without altering its original design. In so doing, it simply perpetuates the status quo of unfettered, executive dominance, which was glaringly evident in the constitutional reform process. The Bill retains the concentration of Prime Ministerial/Cabinet power (s.69 of the constitution), without adequate oversight mechanism. It also strengthens the power of the Prime Minister (PM) and perpetuates executive dominance of the legislature. In so doing, it perpetuates authoritarian leadership that weakens our democracy and our economic potential.

Further, by focusing mainly on removing the British Monarch as Head of State, the Bill is devoid of provisions to give real meaning to the central idea of “people sovereignty” in establishing a Republic. Effective mechanisms to empower communities and to ensure that people have a say in the decisions that impact their lives are absent. Also, by retaining the UK Privy Council as Jamaica’s final court of appeal, the Bill preserves a colonial relic and undermines our pursuit of self-determination.

In a world in the throes of seismic geopolitical and economic changes, the Bill’s focus on removing the British Monarch and retention of the status quo is not enough. It cannot help young Jamaicans forge a new, self-reliant path to improve their well-being in the future. We need a constitution that enables participatory governance and empowers individuals and communities to find innovative solutions to the challenges we confront. We need ALL hands on board…not just the ruling elite!

Is the Process Really DEAD?

For me, the apparent death of the Bill is fundamentally due to the flawed constitutional reform process and flawed elements of the Bill. So, if the Bill is effectively dead, does it mean that the constitutional reform process to establish a Jamaican Republic is now DEAD? I say NO, not if the people of Jamaica want constitutional reform and are willing to actively engage in a process of dialogue, information sharing, learning and advocacy as the actions of “a people constituting a government.” This is what is required to create “a government of the people, by the people and for the people.”

Considering the flaws, as well as the budget allocation to the MLCA of $3.2 billion from 2022 to 2025, we cannot allow this process to die. The process produced not just flaws that we can learn from, but also important provisions and other benefits on which we can build. We can build on provisions to “Jamaicanise” our Constitution and abolish the British Monarch as Head of State, as well as insights from the 2024 CRC Final Report and other documents on the MLCA website. You can also do our own research; organize meetings in your social networks; join the dialogue being led by churches, community groups and others; or email advocatesnet@gmail.com for more information about efforts to keep constitutional reform ALIVE!

The government’s goal of “meaningful and comprehensive constitutional reform” can still be achieved if we get active, work together and learn some key lessons. A major lesson is the need to turn top-down governance on its head and create effective participatory mechanisms for our voices to be heard, BOTH during the process of constitutional reform and in the provisions of a new constitution.

We must continue the process as owners of the Constitution, not as passive observers or critics. Let’s organize, collaborate, and forge consensus to amplify our voices and demand the constitutional reform we want and deserve. After the upcoming elections, let’s encourage the next administration, to “wheel and cum again.” Constitutional reform is NOT dead if WE, THE PEOPLE, refuse to let it die.

Rosalea Hamilton, PhD is Founding Director, Institute of Law & Economics

Email: rosaleahamilton@gmail.com