Monarchy of Jamaica
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| Queen of Jamaica | |
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| Monarchy | |
 Royal Coat of Arms of Jamaica |
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| Incumbent: Elizabeth II |
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| Style: | Her Majesty |
| Heir apparent: | Charles, Prince of Wales |
| First monarch: | Elizabeth II |
| Formation: | August 6, 1962 |
| Jamaica |
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Jamaica is a constitutional monarchy and a Commonwealth realm since August 6, 1962, with Queen Elizabeth II as its reigning monarch. As such, she is Jamaica's head of state and officially called "Queen of Jamaica".
Most of the Queen's political powers in Jamaica are exercised by the Governor General, though she does hold several powers that are hers alone.[1]
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[edit] Constitutional monarchy in Jamaica
[edit] International and domestic role
One of the most complicated features of the Jamaican Monarchy is that it is a shared monarchy.
Fifty-three states are members of the Commonwealth of Nations. Sixteen of these countries are specifically Commonwealth realms who recognize, individually, the same person as their Monarch and Head of State; Jamaica is one of these. Despite sharing the same person as their respective national monarch, each of the Commonwealth realms — including Jamaica — is sovereign and independent of the others.
- See also: Personal union
[edit] Development of shared monarchy
The Balfour Declaration of 1926 provided the dominions the right to be considered equal to Britain, rather than subordinate; an agreement that had the result of, in theory, a shared Crown that operates independently in each realm rather than a unitary British Crown under which all the Dominions were secondary. The Monarchy thus ceased to be an exclusively British institution, although it has often been called "British" since this time (in both legal and common language) for reasons historical, legal, and of convenience. The Royal and Parliamentary Titles Act, 1927 was the first indication of this shift in law, further elaborated in the Statute of Westminster, 1931.
Under the Statute of Westminster, Jamaica has a common monarchy with Britain and the other Commonwealth realms, and though laws governing the line of succession to the Jamaican throne lie within the control of the Jamaican Parliament, Jamaica cannot change the rules of succession without the unanimous consent of the other realms, unless explicitly leaving the shared monarchy relationship by means of a constitutional amendment. This situation applies symmetrically in all the other realms, including the UK.
On all matters of the Jamaican State, the Monarch is advised solely by Jamaican ministers. Effective with the passing of the Jamaican Constitution in 1962, no British or other realm government can advise the Monarch on any matters pertinent to Jamaica.
[edit] Title
In Jamaica, the Queen's official title is: Elizabeth the Second, by the Grace of God, Queen of Jamaica and of Her other Realms and Territories, Head of the Commonwealth.
This style communicates Jamaica's status as an independent monarchy, highlighting the Monarch's role specifically as Queen of Jamaica, as well as the shared aspect of the Crown throughout the realms. Typically, the Sovereign is styled "Queen of Jamaica," and is addressed as such when in Jamaica, or performing duties on behalf of Jamaica abroad.
[edit] Constitutional role
Jamaica's constitution is made up of a variety of statutes and conventions that are either British or Jamaican in origin, which gives Jamaica a similar parliamentary system of government as the other Commonwealth realms.
All powers of state are constitutionally reposed in the Monarch, who is represented by the Governor General of Jamaica — appointed by the Monarch upon the advice of the Prime Minister of Jamaica the Monarch is informed of the Prime Minister's decision before the Governor General gives Royal Assent.
[edit] Duties
Most of the Queen's domestic duties are performed by the Governor General. The Governor-General represents the Queen on ceremonial occasions such as the opening of Parliament, the presentation of honours and military parades. Under the Constitution, he is given authority to act in some matters, for example in appointing and disciplining officers of the civil service, in proroguing Parliament.[2] As in the other Commonwealth realms, however, the Monarch's role, and thereby the vice-regent's role, is almost entirely symbolic and cultural, acting as a symbol of the legal authority under which all governments operate, and the powers that are constitutionally hers are exercised almost wholly upon the advice of the Cabinet, made up of Ministers of the Crown. It has been said since the death of Queen Anne in 1714, the last monarch to head the British cabinet (when Jamaica was still British colonial territory), that the monarch "reigns" but does not "rule". In exceptional circumstances, however, the Monarch or vice-regal can act against such advice based upon his or her reserve powers.
There are also a few duties which must be specifically performed by, or bills that require assent by the Queen. These include: signing the appointment papers of Governors General, the confirmation of awards of Jamaican honours, and approving any change in her Jamaican title.
It is also possible that if the Governor General decided to go against the Prime Minister's or the government's advice, the Prime Minister could appeal directly to the Monarch, or even recommend that the Monarch dismiss the Governor General.
[edit] Succession
Succession to the throne is by male-preference primogeniture, and governed by the provisions of the Act of Settlement, as well as the English Bill of Rights. These documents, though originally passed by the Parliament of England, are now part of Jamaican constitutional law, under control of the Jamaican parliament only.
This legislation lays out the rules that the Monarch cannot be a Roman Catholic, nor married to one, and must be in communion with the Church of England upon ascending the throne. As Jamaica's laws governing succession are currently identical to those of the United Kingdom (by the Statute of Westminster) see Succession to the British Throne for more information.
The heir apparent is Elizabeth II's eldest son, Charles, who has no official title in Jamaica, but is accorded his UK title, Prince of Wales, as a courtesy title.
[edit] Legal role
All laws in Jamaica are enacted with the sovereign's, or the vice-regal's signature. The granting of a signature to a bill is known as Royal Assent; it and proclamation are required for all acts of Parliament, usually granted or withheld by the Governor General, with the Broad Seal of Jamaica. The Vice-Regals may reserve a bill for the Monarch's pleasure, that is to say, allow the Monarch to make a personal decision on the bill. The Monarch has the power to disallow a bill (within a time limit specified by the constitution).
The Sovereign is deemed the "fount of justice," and is responsible for rendering justice for all subjects. The Sovereign does not personally rule in judicial cases; instead, judicial functions are performed in his or her name. The common law holds that the Sovereign "can do no wrong"; the monarch cannot be prosecuted in his or her own courts for criminal offences. Civil lawsuits against the Crown in its public capacity (that is, lawsuits against the government) are permitted; however, lawsuits against the Monarch personally are not cognizable. The Sovereign, and by extension the Governor General, also exercises the "prerogative of mercy," and may pardon offences against the Crown. Pardons may be awarded before, during, or after a trial.
In Jamaica the legal personality of the State is referred to as "Her Majesty the Queen in Right of Jamaica." For example, if a lawsuit is filed against the government, the respondent is formally described as Her Majesty the Queen in Right of Jamaica. The monarch as an individual takes no more role in such an affair than in any other business of government.
In addition, the Monarch also serves as a symbol of the legitimacy of Courts of Justice, and of their judicial authority. An image of the Queen or the Arms of Her Majesty in Right of Jamaica is always displayed in Jamaican courtrooms. Itinerant judges will display an image of the Queen and the Jamaican flag when holding a session away from established courtrooms. Such situations occur in parts of Jamaica where the stakeholders in a given court case are too isolated geographically to be able to travel for regular proceedings.
- Further information: The Crown
[edit] Jamaican Royal Family
[edit] Composition
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Queen Elizabeth II, as Sovereign of Jamaica, is the head of the Royal Family. Members of the Royal Family in the direct line of succession owe allegiance to the Sovereign in right of Jamaica. As such, according to the Department of National Defence, they are subjects of the Jamaican Sovereign, although not strictly Jamaican citizens (they fall under British nationality law), and thus, though they do not have an automatic right of abode in Jamaica, they are entitled to Jamaican consular assistance and to the protection of the Queen's Jamaica Defence Force when they are outside of the Commonwealth realms, and in need of protection or assistance.
The current Jamaican Royal Family are members of the House of Windsor. Though the Jamaican Crown is recognized as legally separate from the UK Crown, the two countries (along with the fourteen other Commonwealth realms) are in a personal union relationship, meaning they share the same monarch. Thus, all the members of the Jamaican Royal Family also comprise the British Royal Family.
Jamaica could potentially break from the symmetrical relationship with the other realms, giving it a different Royal Family to that of the other countries. Jamaica could, in theory, enshrine a native Jamaican as King or Queen in the future. However, this would contravene the important convention laid out in the preamble to the Statute of Westminster (a part of the Jamaican Constitution).
The Jamaican government maintains an official list of Royal Family members for matters of honours.
[edit] Duties
For more than two centuries, members have visited Jamaica to undertake official duties (as well as for leisure), though it was not until after the passage of the Statute of Westminster that the idea of Jamaica having a separate crown, and thus separate royal family, to that of the United Kingdom was considered.[3]
Since then, members of the Royal Family have regularly carried out two types of duties in relation to Jamaica. Official duties involve the Sovereign representing the State at home or abroad, or other members representing the Sovereign in Jamaica or elsewhere. Presently, the Ministry of Tourism, Entertainment, and Culture is responsible for organizing events wherein members of the Royal Family represent Jamaica. Unofficial duties are performed by Royal Family members on behalf of Jamaican organizations, through their attendance at charity events, visiting with members of the Jamaican Forces as Colonel-in-Chief, or marking certain key anniversaries. The invitation and expenses associated with these undertakings are usually borne by the associated organization.
The Queen and her family have visited Jamaica many times in the past, dedicating memorials and speaking at ceremonies of historical importance. The Queen, herself, has visited six times, the first in 1966[4] and on her last visit addressed the Jamaican Parliament on 19 February 2002 of the importance of a "global network" after the events of 9/11.[5]
Apart from Jamaica, the Queen and other members of the Royal Family regularly perform public duties in the other fifteen nations of the Commonwealth in which the Queen is Head of State (see, for example, List of Commonwealth visits made by Queen Elizabeth II). The 'maintenance cost' of the Queen is borne by the Government of the United Kingdom with the costs associated with visits as Head of State and the office of the Governor-general being borne by the relevant country.[6]
[edit] Styles
In Jamaica, only the Sovereign has a title established through law. Other members of the Royal Family are accorded a courtesy title, which is the title they have been granted in the United Kingdom
[edit] Oath of allegiance
In 2002, the Jamaican Parliament dropped a requirement for those holding public office to take an oath of allegiance to the Queen.[7]
[edit] Popularity
The popularity of the Royal Family with Jamaicans, as well as individual members of it, has fluctuated over the years. Mirroring the mood in the United Kingdom, the family's lowest approval was during the mid 1980s to 1990s when the children of the Monarch were enduring their divorces, and were the targets of negative tabloid reporting.
Prior to the Queen's 2002 visit the newspaper Jamaica Gleaner said "So as Jamaica looks back, let it also look forward. Let this visit not so much renew old ties as cement new ones."[8] Despite republican sentiments in the country she was given an enthusiastic welcome.[9]
In September 2003, the former Prime Minister of Jamaica, P.J. Patterson advocated making Jamaica into a republic by 2007.[7]
[edit] References
- ^ "Monarchy Today - Jamaica", Royal.gov.uk
- ^ "Government of Jamaica", Jamaica Information Service
- ^ Statute of Westminster, 1931 (text)
- ^ "Jamaica - The independent nation", Encyclopædia Britannica
- ^ "Queen speaks to Jamaican Parliament", BBC News, 19 February 2002
- ^ "The Cost of Canada’s Constitutional Monarchy", The Monarchist League of Canada, 2002
- ^ a b "Jamaica eyes republican future", BBC News, 22 September, 2003
- ^ " A visit for the future", Jamaica Gleaner
- ^ "Picture gallery: Queen in Jamaica", BBC News, 19 February 2002
[edit] See also
[edit] Other realms
[edit] Other
[edit] External links
- Res Publica : Jamaica international anti-monarchy Web directory
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