CONSTITUTION OF JAMAICA

ARRANGEMENT OF SECTIONS

CHAPTER I
PRELIMINARY

   1   Interpretation

   2   Effect of this Constitution

 

CHAPTER II
CITIZENSHIP

   3   Acquisition of Jamaican Citizenship

   3A   Persons entitled to citizenship on 1st March 1993

   3B   Citizenship by birth

   3C   Citizenship by descent

   4   Persons entitled to be registered as citizens

   5   [Repealed by Act 18 of 1999 s 4.]

   6   [Repealed by Act 18 of 1999 s 4.]

   7   Marriage to citizen of Jamaica

   8   Deprivation of citizenship

   9   Commonwealth citizens

   10   Criminal liability of Commonwealth citizens

   11   Powers of Parliament

   12   Interpretation

 

CHAPTER III
CHARTER OF FUNDAMENTAL RIGHTS AND FREEDOMS

   13   Fundamental rights and freedoms

   14   Protection of freedom of the person

   15   Protection of property rights

   16   Protection of right to due process

   17   Protection of freedom of religion

   18   Status of marriage

   19   Application for redress

   20   Interpretation

   21 to 26   [Repealed by Act 12 of 2011 s 2.]

 

CHAPTER IV
THE GOVERNOR-GENERAL

   27   Establishment of office of Governor-General

   28   Oaths to be taken by Governor-General

   29   Acting Governor-General

   30   Deputy to Governor-General

   31   Personal staff of Governor-General

   32   Exercise of Governor-General's functions

   33   Broad Seal

 

CHAPTER V
PARLIAMENT

PART I
Composition of Parliament

   34   Establishment of Parliament

   35   Senate

   36   House of Representatives

   37   Qualifications and disqualifications for electors

   38   Electoral law

   39   Qualification for membership of Senate and House of Representatives

   40   Disqualification for membership of Senate and House of Representatives

   41   Tenure of office of Senators and Members of House of Representatives

   42   President and Deputy President of Senate

   43   Speaker and Deputy Speaker of House of Representatives

   44   Determination of questions as to membership

   45   Filling of vacancies

   46   Unqualified persons sitting or voting

   47   Clerks to Houses of Parliament and their staffs

 

PART 2
Powers and Procedure of Parliament

   48   Power to make laws

   49   Alteration of this Constitution

   50   [Repealed by Act 12 of 2011 s 3.]

   51   Regulation of procedure in Houses of Parliament

   52   Presiding in Senate and House of Representatives

   53   Quorum

   54   Voting

   55   Introduction of Bills, etc

   56   Restriction on powers of Senate as to Money Bills

   57   Restriction on powers of Senate as to Bills other than Money Bills and certain other Bills

   58   Provisions relating to sections 55, 56 and 57

   59   Restriction on powers of Senate as to certain statutory instruments

   60   Assent to Bills

   61   Words of enactment

   62   Oath of allegiance

 

PART 3
Summoning, prorogation and dissolution

   63   Sessions of Parliament

   64   Prorogation and dissolution of Parliament

   65   General elections and appointment of Senators

 

PART 4
Delimitation of Constituencies

   66   Establishment of first constituencies

   67   Standing Committee of House of Representatives

 

CHAPTER VI
EXECUTIVE POWERS

   68   Executive authority of Jamaica

   69   Cabinet

   70   Appointment of Ministers

   71   Tenure of office of Ministers

   72   Performance of Prime Minister's functions in certain events

   73   Temporary Ministers

   74   Oaths

   75   Presiding in Cabinet

   76   Governor-General to be informed concerning matters of Government

   77   Assignment of responsibility to Ministers

   78   Parliamentary Secretaries

   79   Attorney-General

   80   Leader of the Opposition

   81   Certain vacancies in office of Leader of Opposition

   82   Privy Council

   83   Tenure of office of members of Privy Council

   84   Incapacity of member of Privy Council

   85   Provisional appointments to Privy Council

   86   Senior Member of Privy Council

   87   Attendance of Governor-General

   88   Summoning of Privy Council and procedure

   89   Validity of proceedings of Privy Council

   90   Prerogative of mercy.

   91   Pardon in capital cases

   92   Secretary to the Cabinet

   93   Permanent Secretaries

   94   Establishment of office and functions of Director of Public Prosecutions

   95   Remuneration of Director of Public Prosecutions

   96   Tenure of office of Director of Public Prosecutions

 

CHAPTER VII
THE JUDICATURE

PART 1
The Supreme Court

   97   Establishment of the Supreme Court

   98   Appointment of Judges of the Supreme Court

   99   Acting Judges of the Supreme Court

   100   Tenure of office of Judges of the Supreme Court

   101   Remuneration of Judges of the Supreme Court

   102   Oaths to be taken by Judges of the Supreme Court

 

PART 2
Court of Appeal

   103   .Establishment of the Court of Appeal

   104   Appointment of Judges of the Court of Appeal

   105   Acting Judges of the Court of Appeal

   106   Tenure of office of Judges of the Court of Appeal

   107   Remuneration of Judges of the Court of Appeal

   108   Oaths to be taken by Judges of the Court of Appeal

   109   Number of judges

 

PART 3
Appeals to Her Majesty in Council

   110   Appeals from Court of Appeal to Her Majesty in Council

 

PART 4
Judicial Service Commission

   111   Composition of Judicial Service Commission

   112   Appointment of Judicial officers

   113   Delegation of functions of Judicial Service Commission

 

CHAPTER VIII
FINANCE

   114   Consolidated Fund

   115   Estimates

   116   Authorisation of Expenditure

   117   Meeting expenditure from Consolidated Fund

   118   Contingencies Fund

   119   Public Debt

   120   Auditor-General

   121   Tenure of office of Auditor-General

   122   Functions of Auditor-General

 

CHAPTER IX
THE PUBLIC SERVICE

PART 1
General

   123   Interpretation

   124   Public Service Commission

   125   Appointment, etc of public officers

   126   Permanent Secretaries

   127   Delegation of functions of Public Service Commission

   128   Appointment, etc of principal representatives of Jamaica abroad

 

PART 2
Police

   129   Police Service Commission

   130   Appointment, etc of Police officers

   131   Delegation of functions of Police Service Commissions

 

PART 3
Pensions

   132   Applicability of Pensions law

   133   Pensions, etc to be charged on Consolidated Fund

   134   Grant and withholding of pensions, etc

 

CHAPTER X
MISCELLANEOUS

   135   Powers and procedure of Commissions

   136   Protection of Commissions, etc from legal proceedings

   137   Resignations

   138   Re-appointments, etc

      SCHEDULES

 

THE CONSTITUTION OF JAMAICA

[Date of Commencement: 19th July 1962]

Acts
15 of 1971,
36 of 1975,
1 of 1977,
16 of 1986,
15 of 1990,
6 of 1993,
4 of 1994,
18 of 1999,
36 of 2002,
5 of 2009,
12 of 2011,
13 of 2011.

CHAPTER I
PRELIMINARY (sections 1-2)

1   Interpretation

   (1) In this Constitution unless it is otherwise provided or the context otherwise requires-

   "Act of Parliament" means any law made by Parliament;

   "the appointed day" means the sixth day of August, 1962;

   "the Broad Seal" means the Broad Seal of Jamaica;

   "the Cabinet" means the Cabinet established by section 69 of this Constitution;

   "the Clerk" and "the Deputy Clerk" mean respectively the Clerk and the Deputy Clerk of either House, as the context may require;

   "the Commonwealth" means Jamaica, any country to which section 9 of this Constitution applies and any dependency of any such country;

   "the Consolidated Fund" means the Consolidated Fund established by section 114 of this Constitution;

   "constituency" means an area of Jamaica having separate representation in the House of Representatives;

   "defence force" means any naval military or air force of the Crown in right of the Government of Jamaica;

   "the financial year" means the twelve months ending on the 31st day of March in any year or on such other date as may from time to time be prescribed by Act of Parliament;

   "the Gazette" means the Jamaica Gazette;

   "House" means either the Senate or the House of Representatives as the context may require;

   "Jamaica" has the meaning attributed to that expression in the Jamaica Independence Act 1962 ;

   "law" includes any instrument having the force of law and any unwritten rule of law and "lawful" and "lawfully" shall be construed accordingly;

   "oath of allegiance," means the oath of allegiance set out in the First Schedule to this Constitution,

   "Parliament", means the Parliament of Jamaica;

   "police officer" means a member of the Jamaica Constabulary Force or any force, by whatever name called, for the time being succeeding to the functions of the Jamaica Constabulary Force;

   "the President" and "the Deputy President" mean respectively the President and the Deputy President of the Senate elected under section 42 of this Constitution;

   "Privy Council" means the Privy Council established by section 82 of this Constitution;

   "public office" means any office of emolument in the public service;

   "public officer" means the holder of any public office and includes any person appointed to act in any such office;

   "the public service" means, subject to the provisions of subsections (5) and (6) of this section, the service of the Crown in a civil capacity in respect of the Government of Jamaica (including service as a member of the Judicial Service Commission, the Public Service Commission or the Police Service Commission) and includes public service in respect of the former Colony of Jamaica;

   "session" means, in relation to a House, the sittings of that House commencing when it first meets after this Constitution comes into force or after the prorogation or dissolution of Parliament at any time and terminating when Parliament is prorogued or is dissolved without having been prorogued;

   "sitting" means, in relation to a House, a period during which that House is sitting continuously without adjournment and includes any period during which the House is in committee;

   "the Speaker" and "the Deputy Speaker" mean respectively the Speaker and Deputy Speaker elected under section 43 of this Constitution.

   (2) Save where this Constitution otherwise provides or the context otherwise requires-

   (a)   any reference in this Constitution to an appointment to any office shall be construed as including a reference to an appointment on promotion or transfer to that office and to the appointment of a person to perform the functions of that office during any period during which it is vacant or during which the holder thereof is unable (whether by reason of absence or infirmity of body or mind or any other cause) to perform those functions; and

   (b)   any reference in this Constitution to the holder of an office by the term designating his office shall be construed as including a reference to any person for the time being lawfully performing the functions of that office.

   (3) Where by this Constitution power is conferred on any person or authority to appoint a person to perform the functions of any office if the holder thereof is unable himself to perform its functions, any such appointment shall not be called in question on the ground that the holder of that office was not unable to perform those functions.

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