Lect 6 The Caribbean Political System 2011 PDF

Loading...
Loading...
Loading...
Loading...
Loading...
Loading...
Loading...

Document Details

AffectionateCommonsense7053

Uploaded by AffectionateCommonsense7053

University of the West Indies, Cave Hill

2011

Tags

Caribbean political system Westminster system political science government

Summary

These lecture notes from 2011 provide an overview of the Caribbean political system, focusing on the Westminster system of government. The lecture explores its features, advantages, and disadvantages, providing a general introduction to the topic.

Full Transcript

A Look at The Caribbean EVERYTHING YOU ARE AFRAID TO ASK AND REALLY DON’T NEED TO KNOW Westminster System of Government  The Westminster System is a democratic system of government and is used in the Palace of Westminster. The system is a series of procedures fo...

A Look at The Caribbean EVERYTHING YOU ARE AFRAID TO ASK AND REALLY DON’T NEED TO KNOW Westminster System of Government  The Westminster System is a democratic system of government and is used in the Palace of Westminster. The system is a series of procedures for operating a legislature. It is used, or was once also used, in most Commonwealth and ex-Commonwealth nations. Aspects of the Westminster system include:  an executive branch usually made up of members of the legislature with the senior members of the executive in a Cabinet;  the presence of opposition parties;  an elected legislature or a system in which one of two houses is elected and the other appointed; and  a ceremonial head of state, who is different from the head of government and who may possess reserve powers that are not normally exercised. Role of the Executive  It is usually the role of the executive to:  Enforce the law. To achieve this the executive administers the prisons and the police force, and prosecutes criminals in the name of the state.  Conduct the foreign relations of the state.  Command the armed forces.  Appoint state officials, including judges and diplomats.  Administer government departments and public services.  Issue executive orders  Most constitutions require that certain executive powers may only be exercised in conjunction with the legislature. For example, often the consent of the legislature is required to ratify treaties, appoint important officials, or to declare war. Parliamentarianism  A parliamentary system, or parliamentarism, is distinguished by the executive branch of government being dependent on the direct or indirect support of the parliament, often expressed through a vote of confidence.  There is no clear-cut separation of powers between the executive and legislative branches, leading to criticism from some that they lack checks and balances found in a presidential republic. Parliamentarianism  Parliamentarism is praised, relative to presidentialism, for its flexibility and responsiveness to the public.  It is faulted for its tendency to sometimes lead to unstable governments. Parliamentarianism  Parliamentary systems usually have a clear differentiation between the head of government and the head of state, with the head of government being the prime minister and the head of state often being an appointed figurehead with only minor or ceremonial powers. However, some parliamentary systems also have an elected president with many reserve powers as the head of state, providing some balance to these systems. Advantages of a parliamentary system  It could be argued that a parliamentary system is more accountable than a presidential system, since power is not divided.  In a parliamentary system, it is easier for voters to tell who is responsible for inaction than in a presidential system.  In a parliamentary system the chief executive (or prime minister) is often questioned by the legislature. Such a procedure would ensure that the chief executive is held to account and would act as a check on his power. Advantages of a parliamentary system  Some believe that it is easier to pass legislation within a parliamentary system. This is because the executive branch is dependent upon the direct or indirect support of the legislative branch and is often comprised of members of the legislature.  In a presidential system, the executive is often chosen independently from the legislature. If the executive and legislature in such a system are comprised of members from different political parties, then stalemate can occur.  Former US President Bill Clinton often faced problems in this regard, since the Republicans controlled Congress for much of his tenure as President. Disadvantages of a parliamentary system  Criticisms of parliamentarianism  A main criticism of many parlimentary systems is that the head of government cannot be directly voted on.  Often, an electorate will be surprised just by who is elevated to the premiership.  In a presidential system, the president is directly chosen by the people, but in a parliamentary system the prime minister is elected by the party leadership. Disadvantages of a parliamentary system  Another major criticism comes from the relationship between the executive and legislative branches.  Because there is a lack of obvious separation of power, some believe that a parliamentary system can place too much power in the executive entity. Disadvantages of a parliamentary system  In the United Kingdom, the prime minister is traditionally thought of as the " first among equals" of the cabinet. It has been alleged in The Economist and by former MP Graham Allen that the prime minister's power has grown so much in recent years that he or she is now dominant over the government and that collegiality is no more. Rather than being "first among equals," the modern British prime minister is "like the moon among the stars," as The Economist once put it. "Instead of a healthy balance we have an executive [the prime minister] who stands like an 800 lb. gorilla alongside a wizened legislature and judiciary." Disadvantages of a parliamentary system  Parliamentarianism: In some systems, such as the British, a ruling party can schedule elections when it feels that it is likely to do well, and so avoid elections at times of unpopularity. The Sovereign  The British monarch or Sovereign is the head of state of the United Kingdom and in the British overseas territories.  The powers of the monarchy, known as the Royal Prerogative, are still very extensive. Most prerogative powers are exercised directly by ministers, such as the power to regulate the civil service and the power to issue passports.  A few major powers are exercised nominally by the monarch herself, acting on the advice of the Prime Minister and Cabinet. An example is the power to dissolve Parliament. The Sovereign  Political power is ultimately exercised by the Parliament the House of Lords and the House of Commons, and by the Prime Minister and Cabinet.  The British monarchy is a constitutional one, the Sovereign's role is in practice limited to ceremonial and non-partisan functions (such as being the Fount of Honour).  The Sovereign is the Supreme Governor of the established Church of England, but in practice the spiritual leadership of the Church is the responsibility of the Archbishop of Canterbury.  The British monarch is also Head of the Commonwealth and the monarch of fifteen other Commonwealth realms. The Sovereign  Political role  Although the monarch's powers are in theory vast, they are in practice very limited. As a constitutional monarch, the Sovereign acts within the constraints of convention and precedent, almost always exercising the Royal Prerogative on the advice of the Prime Minister and other ministers. The Prime Minister and ministers are, in turn, accountable to the democratically elected House of Commons, and through it, to the people.  Whenever necessary, the Sovereign is responsible for appointing a new Prime Minister. In accordance with unwritten constitutional conventions, the Sovereign must appoint the individual most likely to maintain the support of the House of Commons: usually, the leader of the party which has a majority in that House. The Sovereign  In a "hung parliament," in which no party or coalition holds a majority, the monarch obtains an increased degree of latitude in his or her choice of Prime Minister. Still, however, the individual most likely to command the support of the Commons, usually the leader of the largest party, must be appointed.  The Sovereign appoints and dismisses Cabinet and other ministers, but exercises such a function only on the Prime Minister's advice. Thus, in practice, the Prime Minister, and not the Sovereign, exercises complete control over the composition of the Cabinet.  The monarch may, in theory, unilaterally dismiss a Prime Minister, but convention and precedent bar such an action. In practice, a Prime Minister's term comes to an end only with death or resignation. (In some circumstances, the Prime Minister is required to resign. The Sovereign  The monarch holds a weekly/fortnightly audience with the Prime Minister, as well as regular audiences with other members of the Cabinet. The monarch may express his or her views, but, as a constitutional ruler, must ultimately accept the Prime Minister's and Cabinet's decisions.  “The Sovereign has, under a constitutional monarchy... three rights—the right to be consulted, the right to encourage, the right to warn."  The Sovereign also plays a symbolic role in the United Kingdom. Oaths of allegiance are made to the Queen, not to Parliament or to the nation. Moreover, God Save the Queen (or, if the Sovereign is male, God Save the King) is used as the British national anthem. The monarch's visage appears on postage stamps, on coins, and on banknotes issued by the Bank of England. The Sovereign  The powers that belong to the Crown are collectively known as the Royal Prerogative. The Royal Prerogative includes many powers (such as the powers to make treaties or send ambassadors) as well as certain duties (such as the duties to defend the realm and to maintain the Queen's peace). As the British monarchy is a constitutional one, however, the monarch exercises the Royal Prerogative on the advice of ministers.  The Consent of the Crown must be obtained before either House may even debate a bill affecting the Sovereign's prerogatives or interests. Although the Royal Prerogative is extensive, it is not unlimited. For example, the monarch does not have the prerogative to impose and collect new taxes; such an action requires the authorisation of an Act of Parliament. The Sovereign  The Sovereign is considered one of the three components of Parliament; the others are the House of Lords and the House of Commons. It is the prerogative of the monarch to summon, prorogue,and dissolve Parliament. Each parliamentary session begins with the monarch's summons. The new parliamentary session is marked by the State Opening of Parliament, during which the Sovereign reads the Speech from the Throne in the Chamber of the House of Lords, outlining the Government's legislative agenda. Prorogation usually occurs about one year after a session begins, and formally concludes the session. The Sovereign  Dissolution ends a parliamentary term (which lasts a maximum of five years), and is followed by general elections for all seats in the House of Commons. These powers, however, are always exercised on the Prime Minister's advice. The timing of a dissolution is affected by a variety of factors; the Prime Minister normally chooses the most politically opportune moment for his or her party. The Sovereign  All laws are enacted in the monarch's name. The words "BE IT ENACTED by the Queen's [King's] most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows," form a part of each Act of Parliament. Before a bill can become law, the Royal Assent (the monarch's approval) is required.  Theoretically, the Sovereign may either grant the Royal Assent (thereby making the bill law) or reserve the Royal Assent (postpone granting the Royal Assent), or withhold the Royal Assent (veto the bill). By convention, however, the monarch always grants the Royal Assent; therefore, the Sovereign's role with respect to approving bills is purely ceremonial. The Sovereign  The Royal Prerogative with respect to domestic affairs is extensive. He or she is responsible for the appointment and dismissal of ministers, Privy Counsellors, members of various executive agencies, and other officials. Effectively, however, the appointees are chosen by the Prime Minister, or, for less important offices, by other ministers.  In addition, the monarch is the head of the Armed Forces (the British Army, the Royal Navy, and the Royal Air Force. It is the Sovereign's prerogative to declare war, make peace, and direct the actions of the military; as usual, the power is used only on ministerial advice. The Sovereign  The Royal Prerogative, in addition, extends to foreign affairs. The Sovereign may negotiate and ratify treaties, alliances, and international agreements; no parliamentary approval is required. However, a treaty cannot alter the domestic laws of the United Kingdom; an Act of Parliament is necessary in such cases. The Sovereign also accredits British High Commissioners and ambassadors, and receives diplomats from foreign states. In addition, all British passports are issued in the monarch's name. The Sovereign  Furthermore, the Sovereign is deemed the fount of justice, and is theoretically 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. For instance, prosecutions are brought on the monarch's behalf, and courts derive their authority from the Crown.  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. The Crown Proceedings Act 1947 allows civil lawsuits against the Crown in its public capacity (that is, lawsuits against the government); however, lawsuits against the monarch personally are not cognizable. The Sovereign  The Sovereign also exercises the "prerogative of mercy," and may pardon offences against the Crown. Pardons may be awarded before, during, or after a trial, but are in practice granted only on ministerial advice. The Sovereign  Similarly, the monarch is also the fount of honour, the source of all honours and dignities in the United Kingdom. Thus, the Crown creates all peerages, appoints members of the orders of chivalry, grants knighthoods, and awards other honours. In practice, peerages and most other honours are granted on the advice of the Prime Minister. Some honours, however, are within the personal gift of the Sovereign, and are not granted on ministerial advice. Thus, the monarch alone appoints members of the Order of the Garter, the Order of the Thistle, the Royal Victorian Order, and the Order of Merit. The Sovereign  Finally, the Sovereign is the Supreme Governor of the Church of England, the officially established church in England. As such, the monarch has the power to appoint archbishops and bishops. The Prime Minister, however, chooses the appointee, though he or she must select from a list of nominees prepared by the Crown Nominations Commission. The Crown's role in the Church of England is purely titular; the most senior clergyman, the Archbishop of Canterbury, is seen as the spiritual leader of the Church and of the worldwide Anglican Communion. The Sovereign  Commonwealth role  The Sovereign is the monarch not only of the United Kingdom, but also of several other Commonwealth Countries. Though his or her constitutional powers in each realm are virtually identical to those held in the United Kingdom, the monarch does not play an active political or ceremonial role as head of state in these countries. Instead, day-to-day functions are performed by the Governor-General, who serves as the monarch's representative. In each realm, the Sovereign and Governor-General act solely on the advice of the local Prime Minister and Cabinet. Hence, the Government of the United Kingdom does not interfere with the governance of Commonwealth realms. The Sovereign  Formerly, every member of the Commonwealth of Nations was a Commonwealth Realm. However, when India became a republic in 1950, it was decided that it should be permitted to remain in the Commonwealth, even though the Sovereign was not its head of state. It was nevertheless decided that the British monarch would be acknowledged as "Head of the Commonwealth" in all Commonwealth member states, whether realms or not. The position is purely ceremonial, and is not accompanied by political power. Pt 2. Caribbean Experience Type of Government  As with the UK the Caribbean has Parliamentary systems with a very clear differentiation between the head of government and the head of state, with the head of government being the prime minister, and the head of state often being an appointed figurehead with only minor or ceremonial powers. However, some parliamentary systems also have an elected president as in Guyana with many reserve powers as the head of state, providing some balance to these systems. Westminster System in the Caribbean  Commonwealth Caribbean constitutions have produced a political system that comprises all the main features of the British Government as well as a system in which the head of state is not the effective head of government. However the independence constitutions saw some modifications in their transfer to the West Indies. Among these were:  A written constitution whose most important provisions can only be altered by a special procedure. This refers to the entrenchment provision.  Provision for judicial review. The judiciary under the constitution has the sole authority to decide the constitutionality of legislation passed by parliament. Judicial review is therefore a means of exercising restraint to the legislature and is a standard practice of democratic countries. Westminster System in the Caribbean  A written constitution giving minority groups reassurances which are not expressly given in the British system.  Provision for the appointment of an ombudsman. However in some countries the ombudsman is not a constitutional feature and is very often a post independence development. The Parliament  Parliament  Under the Constitution, Parliament is the organ of Government, which makes laws for ''the peace, order and good government'' of the country. While the Constitution is supreme, and as such prevails over Acts of Parliament which are inconsistent therewith, Parliament can alter any of its provisions, provided it follows the procedures laid down in the Constitution for so doing. The Parliament  Section 35 provides for a Parliament comprising Her Majesty, a Senate and a House of Assembly. The Governor-General, as representative of Her Majesty, does not sit in Parliament, and his/her functions in respect of that body are confined to its summoning, prorogation and dissolution and assenting to Bills. In the bicameral parliamentary system that exists in Barbados, substantial power is reserved to an elected lower house ( the House of Assembly). Functions and Powers of the Parliament  The Constitution gives parliament power to make laws for the ''peace order and good government of Barbados.'' The only legal restriction on the law making power of Parliament is that it must conform with the Constitution. Section 48 (1) specifically states that Parliament may pass laws to determine the rights, privileges, immunities and powers of the House of Assembly and Section 50 gives each House of Parliament the power to make standing orders to regulate its own procedure. Functions and Powers of the Parliament  The rules relating to the establishment of committees, the conduct of debates and the behaviour of members are set out in the standing orders. These are the rules that regulate procedure in Parliament. Functions and Powers of the Parliament  Proposals for new laws, or the amendment of existing laws are presented to Parliament in the form of Bills. According to section 54, and Bill except a Money Bill may be introduced in either House of Assembly and MONEY Bills are introduced by ministers only. A Money Bill is one that proposes, or reduces any tax, or requires the expenditure of any public funds. The Speaker or Deputy Speaker signs a certificate declaring whether or not a Bill is a Money Bill. The Queen’s Representative The Governor General  The 1966 Constitution of Barbados retained the English sovereign as head of State with a local representative in the Governor General, whose appointment and tenure is in the discretion of Her Majesty, but, in effect, by convention, is in the discretion of the Prime Minister on whose advice the Queen acts. Functions of the Governor General  Most of the Governor-General's functions are ceremonial, such as conferring honours  receiving ambassadors,  affixing the Public Seal (of which the Governor General is the keeper) on important state documents such as the instruments appointing the Prime Minister and other Ministers, members of the Senate and house of Assembly, the Chief Justice and High Court judges. Functions of the Governor General  Advice or Recommendation of the Prime Minister  The Governor General acts on the advice or recommendations of the Prime Minister in relation to:  The appointment and removal of ministers of government;  The appointment of twelve members of the Senate;  The dissolution of Parliament Functions of the Governor General  The appointment of a Deputy Governor General  The appointment and removal of principal Foreign Service Officers  Appointments to and transfers from the office of Permanent Secretary  The appointment of a tribunal to enquire into whether or not the question of removal of the Chief Justice from office should be referred to the Privy Council;  Permitting a Judge who has reached 65 years to continue in office for up to two additional years.  Permitting the Chief Justice and Justices of Appeal who have reached 70 years to continue in office for up to two additional years. Functions of the Governor General  Acting on the Advice of the Prime Minister after the Prime Minister has consulted with the leader of the Opposition  The Governor General acts on this advice in relation to the appointment of:  The Chief Justice and High Court Judges;  The Chairman and two members of the Electoral and Boundaries Commission;  Three Members of the Judicial and Legal Services Commission  The Public Service Commission  The appointment and dismissal of the Ombudsman. Heads of State  Some former colonies notably Dominica, Guyana, and Trinidad and Tobago, substituted a President, a national of high standing, for the Queen as Head of State when they undertook major constitutional reform exercises after independence. House of Assembly  The Constitution provides that the House of Assembly shall consist of 24 members or such greater number of members as Parliament may prescribe. The size and membership depends on provisions of the Representation of the People Act which was amended in 1980 to increase membership from 24-27. House of Assembly  The election of members of the House of Assembly is conducted under the direction and supervision of the Electoral and Boundaries Commission that has been provided for by sections of the Constitution. The electorate is to be divided as far as practicable into constituencies of equal size, but in no case is a constituency to be more than 10 percent above or below the average. House of Assembly  Each constituency elects one representative and the person with the highest number of votes is declared the winner. Thus, if there are several candidates, the winner may not get as many as half the votes cast. This system of election is called the first-past- the-post system. He who must be obeyed: The Prime Minister  The Prime Minister shall keep the Governor- General 'fully informed' of the general conduct of the Government, and shall provide the Governor-General with any information requested. In most cases, the Governor- General exercises his/her functions on the advice of the Prime Minister and Cabinet, but on some occasions acts after consultation with the Leader of the Opposition, and other persons or authority or in his/her own discretion. He who must be obeyed: The Prime Minister  A prime minister may be either:  chief or leading member of the cabinet of the top-level government in a country having a parliamentary system of government; or  the official, in countries with a semi- presidential system of government, appointed to manage the civil service and execute the directives of the President. He who must be obeyed: The Prime Minister  In the Cabinet the Prime Minister overshadows his colleagues. The PM is the most important individual in the cabinet. The PM can use strength in one area to repair weaknesses in the other.  The PM is the spokesman and representative of the nation.  He is the leader of the national party, he/she therefore disposes of a national network of professionals, spokesman and party loyalists who are able to repeat and disseminate his/her views throughout the constituencies.  He/she is the party's master tactician and strategist playing the individual role and devising the run-up for the next election.  He/she is the leader of the parliamentary party. If it is dissatisfied with him/her it can move him/her for example in a general election where his/her party looses its majority. He who must be obeyed: The Prime Minister  He/she appoints the ministers and is the supreme conciliator of diverse functions in moments on internal strife.  He/she is the leader of cabinet, if he/she resigns, it must also resign. He/she selects its members and he/she dismisses them.  He/she convenes Cabinet, decides its agenda, arranges its order of business, determines who will sit on the sub- committees and who will be heard or not heard in plenary session, he/she also sums up the sense of the meetings. He who must be obeyed: The Prime Minister  He/she effectively controls foreign affairs. The Cabinet secretariat is also the Prime Minister's own secretariat. It is these opportunities for controlling and influencing the collective and individual decisions of his/her colleagues that have contributed to the notion of 'prime ministerial government.' The Cabinet  The party that wins the majority vote sees the sovereign appointing its leader as Prime Minister, who then in turn selects the remainder of the ministers. The Prime Minister appoints a smaller group as a policy directing body. This is the cabinet. This is the supreme body for determining policy to be put to parliament and for controlling the civil service. The Cabinet  Each minister is responsible to the House of Assembly/Commons and if in breach of that trust may have to resign if cabinet is not willing to protect him or her. The cabinet is a collective responsibility, which means that every member of the cabinet must accept, and if necessary, defend the decisions of government. Thus if one disagrees he/she must conceal his/her thoughts or resign. The Cabinet  Cabinet business proceeds on the circulation of papers by the respective minister who must circulate his/her proposals to all other interested department that also includes the treasury. It is the Prime Minister and the Cabinet who decides when to place the article on the agenda. The Cabinet  The power however lies in the Cabinet to the extent that Cabinet keeps the confidence of the house. The Cabinet therefore is the powerhouse of the entire government system. Its members combine 3 roles:  They are ministers of the crown, they are directing heads of government department i.e the executive. The cabinet is also the steering committee of the legislature its members initiate all financial measures, major legislation and decide on order and timetable of business. The Cabinet  All its members are also MPS. The Cabinet is the majority party's policy committee made up for the most part by party chiefs. All members of the party at some time or the other will aspire towards cabinet from junior to senior. The Cabinet  Permanent secretaries become chief advisers to the Minister and is responsible for briefing and on the general running of the government. The Opposition  The opposition is an in-built check and balance to the government. It has five functions:  It participates in selecting issues for debate and is the alternative to the group in power.  If the government falls the opposition takes power.  The functions of the opposition are to participate in parliamentary deliberation to oppose objectionable policies, to try to make the government modify them, to create a public revulsion against the government in order to pose and alternative. The Opposition  It can wring amendments out of the government where they are being supported by powerful outside interest.  It can expose weaknesses and inconsistencies in government policy and as a result have them cancelled.  It can create a mood among the electorate. The Senate  The function of the Senate is to provide ''checks and balances'' to control possible excesses or hasty legislation on the part of the elected representatives. The method of its selection provides opportunities for public service to representatives of various groups and interests which the Governor- General considers ought to be represented in Parliament. The Senate  This upper house is provided for in the Constitution which states that it shall consist of twenty one person of whom 12 are appointed by the Governor-General on the advice of the Prime Minister; two on the advice of the Leader of the Opposition and seven in the Governor-General's discretion.  The Senate us presided over by a President, who must neither be a Minister nor a Parliamentary Secretary, and provision is made for the appointment of a Deputy President. The Senate  The powers of the Senate are limited. Its function is to review Bills which have been passed by the House of Assembly, approve or propose amendments to such Bills other than Money Bills, initiate Bills other than Money Bills and debate matters of public interest. The Senate  The Senate may delay Bills, but cannot do so indefinitely. It can only delay passage of Money Bills for one month. After that period, the Bill may be sent to the Governor General for his/her assent without the consent of the Senate. presented to the Governor General for his her assent. The Senate  With respect to all other Bills other than those to alter the Constitution, the Senate can delay them for a period of seven months.  A Senator may submit questions to be answered by Ministers and speak on matters of public concern. The Senate  The interval between the passage of a Bill by the House of Assembly and its approval by the Senate can prove useful in that during that time debates can take place and new points of view expressed which may lead to the improvement and sometimes withdrawal of a Bill. The Judiciary  Barbados has an independent judiciary composed of magistrate courts, which are statutorily authorized, and a Supreme Court, which is constitutionally mandated.  The Supreme Court consists of the high court and the court of appeals, each with four judges.  The Chief Justice serves on both the high court and the court of appeals.  The court of last resort is the Caribbean Court of Justice for other Caribbean states it is the Judicial Committee of Her Majesty's Privy Council in London, whose decisions are binding on all parties.  Judges of the Supreme Court are appointed by the governor general on the recommendation of the prime minister after consultation with the leader of the opposition. Critiquing the Westminster System in the Caribbean  Many changes have taken place in the Commonwealth Caribbean Constitutions. Some of these changes were designed to augment the rights of citizens, but several have increased executive power at the expense of the governed, as in the case of the 1980 constitutional change in Guyana. However in both instances, the president under the constitution can dissolve parliament within three days of the successful passing of a motion. The 1980, constitution also provided for important immunities for the executive president. A review of article 182 of the 1980 constitution shows that the president enjoys substantial immunities against impeachment. Critiquing the Westminster System in the Caribbean  Under article 182 of the constitution, the president is not personally answerable to any court for the performance of the functions of his office or for any act performed during the execution of those functions.  Furthermore, no proceedings, whether criminal or civil can be made against him in his personal capacity either during his term of office or thereafter.  Additionally, while he/she holds the office of the presidency, no criminal proceedings can be made or continued against him/her in respect of anything done or omitted to be done by him/her in his/her private capacity and no civil proceedings shall be made or continued against him/her with respect of which relief is claimed against him/her for anything done or omitted to be done in his/her private capacity. Critiquing the Westminster System in the Caribbean  In this regard, this article '' puts the president above the ordinary law of the land in respect of things done in his/her official capacity that is as President. In this respect therefore, he/she is accorded total immunity. Critiquing the Westminster System in the Caribbean  The excessive authority and overwhelming power constitutionally granted to the Prime Minister.  Concerns over the powers of the heads of government reverberate across the region. Most of the concerns revolve around the power of dissolution of the leader of government. The superordinate constitutional authority of the prime minister lends itself to autocratic decision making similar to that which obtained under colonial government with powerful colonial governors. Critiquing the Westminster System in the Caribbean  In the Commonwealth Caribbean, no pure presidential system exists. Instead there exist parliamentary republics. In Trinidad and Tobago, the largely ceremonial president is elected by an electoral college, which consists of both houses of parliament. In Guyana the executive president is elected directly at the same time as National Assembly elections. In Dominica, the ceremonial president is selected by the Prime Minister and the leader of the Opposition only standing for indirect elections by the House of Assembly if the Prime Minister and the leader of the opposition cannot in fact concur. Critiquing the Westminster System in the Caribbean  The presidential model in practice in the USA pursues the doctrine of the separation of powers and division of powers to its fullest extent. The nature of executive legislative relationship backed by the two chamber legislative arm of government is supposed to encourage democracy. Advocates of the presidential system maintain that such a division prevents dictatorship and arbitrary government. However the downside to this is the tendency towards paralysis, gridlock and deadlock.  This is in contrast to the parliamentary system where power is not only fused but the legislative arm of government is differentiated and the executive arm of government dominates the legislative chamber. Critiquing the Westminster System in the Caribbean  The direct election of a president is also seen as promoting democracy. In the parliamentary system it cannot be said that the head of government is popularly elected.  The Commonwealth Caribbean states lack some crucial democratic elements. Such critical absence may lay the foundation for instability. Notwithstanding the 'success' of the constitutional model in the region, grave reservations remain. Executive Powers  In the Cabinet System that exists in Barbados, the principal executive officer is the Prime Minister who is selected on the basis that he has the allegiance of a majority of the elected parliamentarians. Constitution review teams established in Jamaica and Trinidad and Tobago addressed the question whether the Cabinet system should be replaced by a Presidential System with a President, elected by the entire country, as both Head of State and Head of Government. This is the country in the USA and some of the other member states of the Organisation of American States. Under the Presidential System there is neither a member of the Legislature nor is his/her Cabinet selected from legislators. Issues for Consideration  Should the Queen as Head of State be replaced with a President chosen from among the citizens of Barbados?  If the Senate is considered desirable, should there be a change in the present system for selection of Senators?  Should elections continue to be under the first-past-the post system, or should there be some form of proportional representation or a combination of the two systems? Issues for Consideration  To what extent can it be argued that we have achieved genuine political and social decolonisation in view of the aspirations of the nationalists in their attempt to create a liberal democratic state.  Does the Westminster form of Government strengthens the individuals’ fundamental rights and freedoms? Does it deepen political democracy, including enhanced popular participation in government; and/or has it made government more honest, accountable and effective? Issues for Consideration  N.B.I must reiterate that these notes are all incomplete and they must not be the only source of your research. These lectures are intended to serve only as a guide to assist you in your reading. They MUST be supplemented by additional readings from the library. References  Barrow-Giles, C. (2002 ed.) Introduction to Caribbean Politics, Jamaica: Ian Randle  Belle, G. (1988) ‘The Struggle for Political Democracy, 1937 riots,’ in Emancipation, Lecture Series III, Bridgetown: Cave Hill.  Emmanuel, P. (1978) Crown Colony Politics in Grenada 1917-1951, Barbados: ISER. References  Finer, S.E. (1970) Comparative Government: An Introduction to the Study of Politics, London: Penguin Books.  Gonsalves, R. (2001) The Politics of our Caribbean Civilisation, Kingstown: Great Works Depot Ltd.  Grigsby, E. (2005) Analysing Politics, An Introduction to Political Science, Toronto: Wadsworth. References  James, C.L.R, (1962) ‘The Middle Classes,’ in Lowenthal, D. and Comitas L. (1973) Consequences of Class and Colour: West Indian Perspectives, New York: Anchor Books.  Lewis, G. K. (1968) The Growth of the Modern West Indies, London: Monthly Review Press. References  Munroe, T. (1985) Introduction to Politics, Jamaica: UWI.  Munroe, T. (1982) Decolonisation in the Caribbean State System, Mona: ISER.  Murray W. (1971) The Politics of the Dispossessed, London: Clarendon Press. References  Organisation of American States (OAS) (2002) Constitutional Reform in the Caribbean, Washington: OAS.  Robotham, D. and Munroe, T. (1977) Struggles of the Jamaican People, Jamaica Workers Liberation League.  Robotham, D. (1996) ‘Nineteen Thirty-Eight’ in Levitt, K. and Witter, M. (1996) The Critical Tradition of Caribbean Political Economy, The Legacy of George Beckford, Jamaica: IRP  Ryan, S. (1972) Race and Nationalism in Trinidad and Tobago, Toronto: University of Toronto Press. References  Ryan, S. (1989) The Disillusioned Electorate, Trinidad: Imprint.  Ryan, S. (1999) Winner Takes All: The Westminster Experience in the Caribbean, UWI: St. Augustine.  Singham, A. (1968) The Hero in the Crowd in a Colonial Polity, New York: Yale University Press.  Stone, C. (1971) Decolonisation and Political Change in Jamaica and Trinidad, USA: Sage Publications.  Stone, C. (1983) Democracy and Clientelism in Jamaica, New Brunswick: Transaction Books.  Stone, C. (1986) Class, State and Democracy in Jamaica, New York: Praeger.  Williams, E. (1970) From Columbus to Castro, New York: Harper and Row.

Use Quizgecko on...
Browser
Browser