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CONSTITUTION REVIEW IN GRENADA
SOME THINGS TO CONSIDER
THE GRENADA CONSTITUTION REVIEW COMMISSION
Justice Nicholas Liverpool (Chairman)
Mrs. Meryl Forsyth (Deputy Chairman)
Reverend Gerard Paul (Member)
Mr.Carol Bristol, QC (Member)
Mr. Basil Harford (Member)
CONSTITUTION REFORM IN GRENADA
PART 1
Introduction
The Government of Grenada has appointed a Commission to review the Constitution and other related laws of Grenada, and to make recommendations for the revision of the Constitution, which, in its considered judgement, would enhance democratic governance of the State and the participation of all citizens in the affairs of the State. Pursuant to this, the Commission thinks its appropriate, as a first step in the review process, to prepare and distribute this document outlining what is involved in the process and explaining briefly, for the benefit of citizens, certain provisions of the existing Constitution, in the hope that, in doing so, their understanding of the Constitution and of the central issues involved in constitutional will be enhanced, and their participation in the review process would thereby be made more effective.
Terms of Reference of the Commission
The following are the Terms of Reference of the Commission:
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To consider, examine and inquire into Grenada Constitution Order 1973 IS.I. 1973 No. 2155 (UK) and other related laws.
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After due examination and study, to report in writing such recommendations and providing for consideration any amendments, reforms and changes in the Constitution and related laws as are in the opinion of the Commission necessary or desirable for promoting the peace, order and good Government of Grenada, Carriacou and Petite Martinique, and in particular but without limiting the generality of the foregoing:
(i) to consider, advise and make recommendations concerning the patriation of the Constitution so as to ensure that it draws its authority and validity from an Act of the nation’s Parliament and no longer from the Parliament of the United Kingdom;
(ii) to consider, advise and make recommendations respecting the relationship between the State and the British Sovereign;
(iii) to consider, advise and make recommendations respecting the change of the name of the State from Grenada to Grenada, Carriacou and Petite Martinique so that all official State documents will be issues in the name of the State of Greanda, Carriacou and Petite Martinique;
(iv) to consider, advise and make recommendations respecting the fundamental and basic rights, liberties, and freedoms of the citizens of the State and to ensure that there is no discrimination in the national life of the State;
(v) to consider, advise and make recommendations for the maintenance of democratic institutions and to ensure that parliamentary and multi-party democracy is given such constitutional protection as may be necessary or desirable;
(vi) to consider, advise and make recommendations respecting the maintenance and the strengthening of the dependence of the judiciary at all levels;
(vii) to consider, advise and make recommendations to ensure the strengthening of the independence and impartiality of the public service having regard to the need for efficient and responsive administration of government business;
(viii) to consider, advise and make recommendations respecting the consolidation of the police and prison services under a single Commission for Law Enforcement;
(ix) to consider, advise and make recommendations to strengthen the machinery of government in order to ensure maximum transparency and strict accountability in the management of the business of the State;
(x) to consider, advise and make recommendations respecting the establishment of a system of local government for the State;
(xi) to consider, advise and make recommendations respecting the establishment of an Electoral Commission for the State;
(xii) to consider, advise and make recommendations to ensure the elimination of gender discrimination in the Constitution;
(xiii) to consider, advise and make recommendations respecting the composition and structure, and the methods and means of increasing the representatives of the nation’s Parliament.
(3) To consult widely with the citizens of the State, whether in or outside the State, in such manner and by such procedures as the Commission may, in its discretion, determine.
(4) To receive and examine proposals from the general public, whether in writing or orally, respecting reform and amendments of the Constitution.
(5) To prepare and disseminate such material
as might be relevant so as to increase the public knowledge and appreciation of the Constitution.
(6) To generate public interest in the subject of the inquiry by such means and in such manner as the Commission might consider necessary or desirable.
(7) To present a written report not later than one calendar year from the date of the first public sitting of the Commission or within such other reasonable period as the Commission might require.
How the Commission Will Proceed
The Commission will:
(a) invite written submissions from Grenadians
(b) invite written submissions from Grenadians, both at home and abroad;
(c) hold public hearings in such parish in Grenada, Carriacou and Petite Martinique;
(d) consider all submissions, oral and written and;
(e) prepare a written report and recommendations.
The Constitution of Grenada
The Constitution of a State is the basic law of that State. All other laws and institutions of the State derive their validity from it. In a democratic State, a constitution derives its validity and authority from the consent or acceptance of its citizens, either directly or indirectly. It is therefore instructive that neither the document which terminated Grenada’s status as an enactment of the Parliament of Grenada. On its face, each document is an Imperial Order-in-Council of The Queen’s Most Excellent Majesty. Further, the Constitution has never received legislative approval by the Parliament of Grenada, nor has it been ratified in a public referendum. Rather, at the First Session of the Parliament of Grenada, on the 7th day of February, 1974, the Constitutional Instruments were handed over to the Honourable Prime Minister Sir Eric Matthew Gairy by Mr. Blaker, the Parliamentary Under-Secretary for Foreign and Commonwealth Affairs in the United Kingdom. Hansard of that meeting of Parliament discloses that there was no debate on these Instruments nor was any resolution passed for their acceptance.
For this reason, among others, it may be considered appropriate that the process of independence should be completed and the constitutional practice of the State be brought in line with the practices in other Caribbean States, such as Trinidad and Tobago, Guyana and Belize. This would fall to be considered under the term of reference which reads: “to consider, advise and make recommendations respecting the patriation of the Constitution so as to ensure that it draws its authority and validity from an Act of the nation’s Parliament and no longer from the Parliament of the United Kingdom”.
The term “patriation of the Constitution” means that the existing Constitution, now an Imperial Order-in Council, will be replaced by one which is an enactment of the Parliament of the State, by which the citizens, through their elected representatives, and after a public referendum, would formally proclaim the Constitution as their own.
PART II
In this section, we explain some provisions of the Constitution, in the hope that these explanations will be of some assistance to the citizens of Grenada. These explanations, however, do not in any way express the final views of the Commission.
The Preamble
The Preamble to our Constitution, though not considered a substantive and binding part of the constitutional text, is nonetheless of considerable importance because it is an articulate expression of the founding principles of the constitutional State, and of the ideals and values by which the people choose to define themselves. The preamble to a democratic constitution gives expression to the people’s vision of themselves as to the kind of people they are and wish enduringly to be. It articulates a people’s conception of a good and just society. It is a solemn introduction expressing the political and moral ideals, which the constitution is intended to promote, and provides a background against which the constitutional law should be interpreted by the courts. On this view, then, in a democratic society, the preamble to a constitution should be seen as the expression of the collective voice of the People.
The citizens of the State may wish to consider whether the language of the current Preamble now adequately expresses their status as a sovereign people enacting and ordaining their Constitution and giving expression to their vision of themselves as to the people they are and wish enduringly to be.
CHAPTER I
Protection of Fundamental Rights and Freedoms
The Constitution declares that every person in Grenada is entitled to the fundamental rights and freedoms listed, irrespective of race, place of origin, political opinions, color, creed or sex. These rights include:
(a) the right to life, liberty, security of the person and the protection of the law;
(b) freedom of conscience, of expression and of assembly and association;
(c) protection for the privacy of one's home and from deprivation of property without compensation; and
(d) the right to work.
These rights are among those protected by the Universal Declaration of Human Rights which was adopted by the United Nations in 1948, of which Grenada is now a part. They are considered to be fundamental and of universal validity because they protect such interests that are considered universally as essentials of human well-being. Thus, the entrenchment of these fundamental rights in the Constitution testifies to the people’s commitment to certain values of the right and the good.
The Chapter on Fundamental Rights and Freedoms follows a pattern of British draftsmanship. The statement of every fundamental right or freedom includes detailed instructions both as to how each right or freedom is to be construed, and the qualifications respecting how it may be exercised. Citizens are being asked to consider whether the Chapter on Fundamental Rights and Freedoms should be rewritten.
Assuming that the citizens would recommend that the Chapter on Fundamental Rights and Freedoms be rewritten, the questions remains whether the statement of rights and freedoms should be limited to such civil and political rights as are stated in the existing Constitution or whether they should be expanded to include economic and social welfare rights, such as the right to social security, to food, clothing, housing, medical care, education, etc.
This is indeed a critical issue in current constitutional debate. This expansion of the concept of “fundamental right” is justified by a deepened moral awareness of what is needed not only to be a full citizen in modern society, but indeed of what is needed to have a morally accepted level of human well-being in such a society. The thought is that economic and social goods are equally essentials of human well-being.
But the constitutional enforcement of economic and social rights is totally dependent on the level of social and economic development in the society. What, therefore, may be a reality for developed countries like Canada and the United States may only be a noble dream or an aspiration for a small, developing state like Grenada.
In 1993, Grenada became a signatory to the Chapter of Civil Society for the Caribbean Community. In the first preamble to that document, it is noted that the signatories declare their intention to pay due regard to the principles by which their Governments commit themselves to respect and strengthen the fundamental elements of Civil Society. This document commits the signatories to protecting a number of rights of citizens, some of which, such as the role of the family and the church, are in addition to those now protected by the Constitution. Citizens may therefore wish to consider the impact, if any, the Charter of Civil Society would have on a revision of the Constitution and whether there are any changes to be made in order to incorporate some of the principles of the Charter into a revised Constitution.
The Commission would welcome the views of citizens on these issues.
CHAPTER II
Governor-General
Section 19 of the Constitution reads:
“There shall be a Governor-General of Grenada who shall be appointed by Her Majesty and shall hold office during Her Majesty’s pleasure and who shall be Her majesty’s representative in Grenada.”
Section 20 reads:
“A person appointed to hold the office of Governor-General shall, before entering upon the duties of that office, take and subscribe the oath of allegiance and the oath of office.”
The first thing to notice is that the Constitution is silent on the manner of appointment of the Governor-General. However, according to convention, the Prime-Minister names the person to be appointed Governor-General. The second thing is that the holder of the office must, before entering upon the duties of the office, take and subscribe to an oath of allegiance. The oath is set out in Schedule 3 to the Constitution. It reads:
“I, .......................... do swear [or solemnly affirm] that I will faithfully bear true allegiance to Her Majesty Queen Elizabeth the Second, Her Heirs and Successors, according to law.”
The Governor-General is Head of State. He is the representative of the British Sovereign in Grenada.
The Terms of Reference invite the Commission to examine the relationship between the British Sovereign and Grenada. The Commission understands this invitation to mean that it should advise and make recommendations as to whether the relationship should continue in its present form or not at all. Should the British Sovereign be replaced as Head of State? If so, how should the office be reconstituted? Should the holder be know as “President”, as in Dominica, and in Trinidad and Tobago? If so, how should the President be chosen?
In making submissions, citizens should bear in mind that the Governor-General is more than a ceremonial head. Section 57 of the Constitution vests in Her Majesty (the Governor-General) the executive authority of the State, and by section 58, he has the sole authority to appoint the Prime Minister. By section 23, Her Majesty (the Governor-General) is one component of the Parliament of Grenada. As such, the Governor-General is an integral part of the law-making machinery of the State. Sections 23 and 38 of the Constitution make this clear. They read:
23. “There shall be a Parliament of Grenada which shall consist of Her Majesty, a Senate and a House of Representatives.”
38. "Subject to the provisions of this Constitution, Parliament may make laws for the peace, order and good government of Grenada."
In Dominica and in Trinidad and Tobago, the powers of the President are similar to those exercised by the Governor-General of Grenada. However, in Guyana, the powers of the President are considerably more extensive. In addition to being the Head of State, the President is the supreme executive of the State in that the executive authority of Guyana is vested in him and he may exercise that authority either directly or through officers subordinate to him. The President has the power to appoint the Prime Minister from among the elected members of the National Assembly, and the Prime Minister is the principal assistant of the President in the discharge of this executive functions.
Citizens are asked to consider this matter.
Parliament
Parliament consists of a number of organs, which are responsible for making laws for the governance of the State. The Parliament of Grenada, as presently constituted, consists of Her Majesty, a Senate and a House of Representatives.
The Senate
The Senate consists of thirteen members, seven of whom are appointed by the Governor-General, acting in accordance with the advice of the Prime Minister; three are appointed by the Governor-General, acting in accordance with the advice of the Leader of the Opposition; and three are appointed by the Governor-General, acting in accordance with the advice of the Prime Minister after the Prime Minister has consulted the organizations or interests which the Prime Minister and three by the Leader of the Opposition. In view of this, citizens may care to consider the place of the Senate in the governmental structure of Grenada.
As presently constituted, the Senate is a wholly appointed body. It may well have been intended that the Senate should function like the House of Lords in Britain, as a “check” upon the House of Representatives, in order to control possible excesses or hasty legislation on the part of the elected representatives. However, since virtually all the members of the Senate are appointed by the Prime Minister and the Leader of the Opposition, citizens are asked to consider whether, in the circumstances, the composition of the Senate enables it to bring a critical, independent voice to bear in parliamentary debate.
Should Grenada adopt a unicameral legislature or should the Senate be an elected body?
The House of Representatives
According to section 29 of the Constitution, the House of Representatives shall consist of elected members only, with the possible exception that: “If a person who is not a member of the House is elected to be Speaker he shall by virtue of holding the office of Speaker, be a member of the House.” The members of the House are elected from among the citizens on the basis of universal adult suffrage, the age of majority being 18 years. According to section 30. “[A] person shall be qualified to be elected as a member of the House of Representatives if, he –
(a) is a Commonwealth citizen who has attained the age of eighteen years;
(b) has resided in Grenada for a period of twelve months immediately before the date of his nomination for election or is domiciled and resident in Grenada at that date; and
(c) is able to speak and, unless incapacitated by blindness or other physical cause, to read the English language with sufficient proficiency to enable him to take an active part in proceedings of the House".
Section 56 of the Constitution authorizes the Constituency Boundaries Commission to divide the State into a number of constituencies for electoral purposes. Section 32 prescribes that each constituency ‘shall return one member to the House of Representatives ... who must be directly elected in such manner as may ... be prescribed by or under any law’.
Members of the House of Representatives are elected under a system know as “First-Past-the -Post”. The winner in any constituency is the candidate who obtains the most valid votes. Under this system, it does not matter that the margin of victory is 10 votes or 1,000 votes. This system has been criticized as being unfair and not conducive to producing a truly representative legislature, given that by a very small margin of votes, one party may win the total number of seats in the House. This in fact has happened in this region in recent times. It is therefore conceivable that one party could form the Government with only 49% of the votes, while 51% of the voters have no representation in the House of Representatives. Some States (France, Germany, Switzerland and some of the major Latin American States) consider this result unfair and have instituted a system of Proportional Representation which allows representatives of the other parties to have some representation in the House of Representatives based on the percentage of votes received in the general elections.
Citizens are therefore asked to consider whether Grenada should adopt a system of “Proportional Representation”, or a mixture of “First-Past-the-Post” and “Proportional Representation”.
CHAPTER IV
The Executive
Section 57 of the Constitution reads:
"(1) The executive authority of Grenada is vested in Her Majesty.
(2) Subject to the provisions of this Constitution, the executive authority of Grenada may be exercised on behalf of Her Majesty by the Governor-General either directly or through officers subordinate to him.
(3) Nothing in this section shall prevent Parliament from conferring functions on persons or authorities other than the Governor General".
Section 62 of the Constitution provides:
“In the exercise of his functions the Governor-General shall act in accordance with the advise of the Cabinet or a Minister acting under the general authority of the Cabinet except in cases where he is required by this Constitution or any other law to act in accordance with the advice of any person or authority other than the Cabinet or in his own deliberate judgement.”
As a practical matter, however, under present constitutional arrangements, the Prime Minister and the Cabinet comprise the true executive authority of Grenada. They are responsible for initiating and implementing policies for the order and good governance of Grenada.
The Prime Minister and most of the members of Cabinet are also members of the House of Representatives. The Prime Minister is appointed by the Governor-General, as the person most likely to command the support of the majority of the members of the House. The other members of Cabinet are all chosen by the Prime Minister. The net result is the almost “overreaching” power of the Prime Minister under our current system of government.
In addition to having the power to appoint and dismiss at his pleasure every member of the Cabinet, the Prime Minister has the sole authority to advise Her Majesty on the members of the Senate (10 of 13), all ambassadors and consuls; most members of the very important Services Commissions in Grenada; and, most importantly, he or she has a say in the appointment of the Chief Justice and in the extension of the term of office of judges beyond retirement age. However, the Prime Minister has no say in the appointment of judges.
In view of this, citizens are asked to consider what changes, if any, they would deem necessary or appropriate in the powers of the Office of Prime Minister.
Leader of the Opposition
The existence of a formal Parliamentary Opposition to Government is a critical feature of our received Westminster model of government. This formal Opposition is considered to be the “alternate government” to which the country may turn if the Government should lose its majority in Parliament. Since members of the Opposition in Parliament are from the political party or parties that did not win a majority of seats in a general election, it means that the existence of a formal Opposition in Parliament is a manifestation of the practice of multi-party democracy.
This puts context the importance of the constitutional office of Leader of the opposition in the Westminster model of government. The Leader of the Opposition is generally taken to be the counterpart of the Prime Minister; and this may account for the practice of including the Office in the Chapter on the Executive, even though the Leader of the Opposition is clearly not a part of the Executive Authority of the State.
The Constitution provides that “There shall be a Leader of the Opposition who shall be appointed by the Governor-General.” This appointment is made by the Governor-General in his or her own deliberate judgement, and of that person, who, in the Governor-General’s opinion, is best able to command the respect of the majority of members in opposition in Parliament. In reality, it is often that person who is the undisputed head of the party winning the second largest majority of seats in a general election.
So the office of Leader of the Opposition is constitutional office, and this attests to the importance of the Opposition to democratic governance. The Governor-General is required to consult the Leader of the Opposition on a number of key state appointments. But above all, the office of the Leader of the Opposition may be seen as one of the institutional mechanisms for “checking” the Government of the day under a Westminster-model constitution. Given the “fusion” of the executive and the legislature, in contrast to their separation under the U.S. Constitution, for example, the role of the Leader and the Opposition in Parliament becomes indispensable. Its importance for representative democratic governance can never be overstated. For, as much as it would be ideal to have wide citizen participation in the governance of the country, it must be acknowledged that citizens are often taken up with their private affairs and are therefore unable to pay much attention to the day-to-day governance of the country. The office of Opposition therefore gives expression to an alternative, dissenting voice in order to ensure that the views and interests of those, other than supporters of the Government, are ventilated and represented. The Opposition ensures the possibility of Parliament living up to its ethos as an institution of deliberate democracy.
Citizens may wish to consider whether the role of the Leader of the Opposition should be enhanced.
CHAPTER V
Finance
As an independent sovereign State, Grenada is responsible for its own financial affairs. Having regard to the fact that finance is, for all practical purposes, the life-blood of the country, the Constitution makes special provisions for the preservation and utilization of the nation’s revenues and for a system of accountability on the part of those who are entrusted with the responsibility of administering and managing the nation’s financial resources. In pursuance of these objectives, the Constitution in section 75 provides that:
“All revenues or other moneys raised or received by Grenada …...shall be paid into and form a Consolidated Fund.”
In section 76 (i) the Constitution provides that:
"No money shall be withdrawn from the Consolidated Fund except:
(a) to meet expenditure that is charged upon the Fund by this Constitution or by any law enacted by Parliament; or
(b) where the issue of those monies has been authorised by an Appropriation Law or by a law made in pursuance of Section 78 of the Constitution".
And in 76 (3) that:
“No moneys shall be withdrawn from any public fund other than the Consolidated Fund unless the issue of those moneys has been authorized by or under any law.”
In 76(4) that:
"Parliament may prescribe the manner in which withdrawals may be made from the Consolidated Fund or any other public fund."
In 82(2) that:
“It shall be the duty of the Director of Audit to audit and report on the public accounts of Grenada, the accounts of all officers and authorities of the Government of Grenada, the accounts of all courts in Grenada (including any accounts of the Court of Appeal or the High Court maintained in Grenada), the accounts of every Commission established by this Constitution and the accounts Clerk to the Senate and the Clerk to the House of Representatives.”
Having regard to the fact that, under our current system, the Prime Minister and the Cabinet virtually control Parliament, the question remains whether the stated provisions are sufficient to ensure adequate accountability and transparency on the part of those charged with the administration of the nation’s finances. It should be noted that, in section 82(6), the Constitution makes provision for an office of Director of Audit and states that “[T]he Director of Audit shall not be subject to the direction or control of any other person or authority.” Broadly speaking, the Director of Audit is responsible for the auditing of the accounts of all public bodies, agencies, institutions, offices and departments and all statutory bodies or other enterprises owned or controlled by or on behalf of the State.
In view of term of reference, which authorizes the Commission to make recommendations to strengthen the machinery of Government in order to ensure strict accountability in the management of the business of the State, citizens are asked to consider whether the powers of the Director of Audit should be increased to enable him to take action against any persons who are found wanting in their accountability in the management of the business of the State.
CHAPTER VI
The Public Service
The Public Service Commission, which established under the Constitution and which concerns the working of the Public Service in Grenada, such as the appointment, discipline and dismissal of public officials, is a critical part of our structure of governance. The Public Service is that body of public officers who are responsible for the administration of virtually every aspect of government in Grenada. They are expected to provide facts and expert opinions to assist Ministers in the formulation of policy. They also constitute the administrative machinery for carrying out policy. As such, they are deemed to hold their appointments on merit, independent of partisan political favors. Indeed, the central, principle concerning the administration of the Public Service requires that appointments and promotions in the Service are based on merit system that is insulated from political influence and one which is designed to secure a Service that is efficient, politically neutral and dedicated to the extension of opportunity to all. It was therefore for the purpose of ensuring impartiality in matters of appointments, promotions, transfers and discipline that the Public Service Commission was created.
The Constitution provides in section 83 for a Public Service Commission which shall consist of a Chairman and four other members. The Chairman and two members shall be appointed by the Governor-General, acting in accordance with the advice of the Prime Minister. Two other members are to be appointed by the Governor-General, acting in accordance with the advice of the Prime Minister after the Prime Minister has consulted the appropriate representative bodies.
Should the power to appoint the Public Service Commission be placed in the hands of the Head of State, who may consult the Prime Minister, the Leader of the Opposition, and the relevant representative bodies?
CHAPTER VII
Citizenship
The question of citizenship is of critical importance; it is a question of who do or do not belong to the policy. A democratic constitution addresses the question of citizenship, and it defines those persons who enjoy all the rights and privileges of citizenship, such as the right to vote and to hold public offices. The right of citizenship is therefore fundamental and, in the equal distribution of that right, a constitution honors equality as its foundational principle.
The Constitution provides that every person who was born in Grenada on or before 6th February, 1974, and was a citizen of the United Kingdom and Colonies, shall become a citizen of Grenada. In addition, every person who was a citizen of the United Kingdom and Colonies, having been naturalized or registered as such as citizen in Grenada under the British Nationality Act, 1948, became a citizen of Grenada on the 7th February 1974. Henceforth, any person born in Grenada after 7th February 1974 --- Independence Day --- is a citizen of Grenada. This is without regard to the nationality of parentage, unless one of the parents has diplomatic immunity as a foreign envoy in Grenada.
It also bears emphasis that, unlike some countries, there is no discrimination on the ground of sex in matters relating to citizenship in the laws of Grenada. In consequence, Grenadian citizenship is acquired by descent from a Grenadian parent of either sex, and citizenship may also be acquired by registration in the case of the spouse of a citizen of Grenada.
The Constitution provides that Parliament may proved for the acquisition of citizenship of Grenada by registration, naturalization and otherwise. Parliament may also make provisions for depriving a citizen of Grenada, other than a citizen by birth or descent, of his or her citizenship. The provisions regarding citizenship are contained in the Constitution and in the Grenada Citizenship Act, 1976.
Should there be any changes to the Chapter on citizenship?
CHAPTER VIII
Judicial Provisions
The Judiciary is often referred to as the third branch in the architecture of democratic government. Because the Judiciary lacks the power of either the “Purse” or the “Sword”, Alexander Hamilton, one of the Founders of the United States Constitution, referred to it as “the least dangerous branch” of government. However, an independent Judiciary is indispensable to good democratic governance; it is the only institution to which the citizen can turn when his or her fundamental rights are threatened by executive or legislative actions, and when his or her ordinary rights are threatened by the actions of fellow citizens. The Judiciary is therefore the single most important institution of government in ensuring that the Rule of Law maintained.
The Chapter on Judicial Provisions begins by nothing that “any person who alleges that any provision of the Constitution (other than a provision of Chapter I - Fundamental Rights and Freedoms) has been or is being contravened may, if he has a relevant interest, apply to the High Court for a declaration and for relief under this Section [101]”.
Citizens have access to the Courts for the protection of their Fundamental Rights and freedoms guaranteed in Chapter 1, by virtue of section 16 of the Constitution. The sections following section 101 address the question of appeals from the High Court to the Court of Appeal, and from the Court of Appeal to Her Majesty in Council (The Privy Council).
The Chapter on Judicial Provisions does not address such issues as the constitution of the Judiciary, the appointment of Judges and, most importantly, Grenada’s participation in the OECS Supreme Court structure. These provisions are to be found in the Courts Order.
Citizens are asked to consider what changes, if any, should be made to the Chapter on Judicial Provisions.
CHAPTER IX
Local Government
Section 107 of the Constitution deals with the question of local government for Carriacou and Petite Martinique. Section 107(1) states that “There shall be a Council for Carriacou and Petite Martinique, which shall be the principal organ of local government in those islands; “and section 107(2) states that “The Council shall have such membership and functions as Parliament may prescribe.” The Constitution does not address the question of local government for the State as a whole. However, part of the Terms of Reference of the Commission is to advise and make recommendations respecting the establishment of a system of local government for the State.
The question of local government is at the heart of a fundamental political ideal of deliberative and participatory democracy. Put simply, a local government system is one of the principal vehicles through which ordinary citizens may have a voice in shaping the policies that affect their lives. It provides an appropriate forum through which citizens may air their grievances and engage one another in public deliberations and discussion on matters of both local and national concern.
It is recommended that local government should be introduced in the State, the question therefore remains as to the form, jurisdiction and scope of the local government system to be established.
No matter what form of local government system should finally be agreed upon, it bears emphasis that local government is considered a primary agency for the promotion of deliberative and participatory democracy. As such, it is considered a matter of “constitutional right” that citizens have some forum of public deliberation that would encourage their participation in the affairs of the State.
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