The monarchy of Jamaica () is a system of government in which a hereditary monarch is the sovereign and head of state of Jamaica. The current Jamaican monarch and head of state, since , is . As sovereign, he is the personal embodiment of the Jamaican Crown. Although the person of the sovereign is equally shared with 14 other independent countries within the Commonwealth of Nations, each country's monarchy is separate and legally distinct. As a result, the current monarch is officially titled of Jamaica and, in this capacity, he and other members of the royal family undertake public and private functions domestically and abroad as representatives of the Jamaican state. However, the monarch is the only member of the royal family with any constitutional role.
All executive authority of Jamaica is vested in the monarch, and royal assent is required for the Jamaican Parliament to enact laws and for letters patent and Orders in Council to have legal effect. Most of the powers are exercised by the elected members of parliament, the ministers of the Crown generally drawn from amongst them, and the judges and justices of the peace. Other powers vested in the monarch, such as dismissal of a prime minister, are significant but are treated only as reserve powers and as an important security part of the role of the monarchy.
The Crown today primarily functions as a guarantor of continuous and stable governance and a nonpartisan safeguard against the abuse of power. While some powers are exercisable only by the sovereign, most of the monarch's operational and ceremonial duties are exercised by his representative, the governor-general of Jamaica. Over the years, the Crown of Jamaica has evolved to become a distinctly Jamaican institution, represented by its own unique symbols.
Since the 1970s, there has been debate in Jamaica on replacing the monarchy with a republic. The current prime minister, Andrew Holness, expressed an intention for the government to hold a referendum on the subject by 2025, though this did not occur.
History
In 1655, a British expedition under Admiral Sir William Penn and General Robert Venables captured Jamaica and they began expelling the Spanish, a task that was accomplished within five years. Spain recognized British sovereignty over Jamaica in the Treaty of Madrid (1670).C. V. Black, History of Jamaica (London: Collins, 1975), p. 54. The Royal African Company was formed in 1672 with a monopoly of the British slave trade, and from that time Jamaica became one of the world's busiest slave markets. Jamaica also became one of Britain's most-valuable colonies in terms of agricultural production.
A limited form of local government was introduced with the creation of the House of Assembly of Jamaica in 1664; however, it represented only a tiny number of rich plantation owners.Cundall, Frank. (1915) Historic Jamaica. London: Institute of Jamaica. p. 15. The British Parliament abolished the transatlantic slave trade in 1807, and Parliament subsequently approved an emancipatory act that gave all enslaved people in British colonies their freedom by 1838. In 1866, the island was declared a crown colony. Its newly appointed governor, Sir John Peter Grant, helped reorganise the colony, including establishing a police force, reformed judicial system, medical service, public works department, and government savings bank.
The constitution of 1944 established a House of Representatives, whose members were elected by universal adult suffrage."Jamaica" , Encyclopædia Britannica. After attempting in 1958 a federation with other West Indian colonies, Jamaica continued as a self-governing colony of the United Kingdom, until the passage of the Jamaica Independence Act in 1962. Jamaica thus became a sovereign state and independent constitutional monarchy with Queen Elizabeth II as head of state and Queen of Jamaica.History and present government
The Queen's sister, Princess Margaret, represented her at the independence celebrations in August 1962. On 7 August, the Princess opened the first parliament of independent Jamaica, on behalf of the Queen. The Queen also sent a personal message to Jamaicans in which she welcomed the newly-independent country into the Commonwealth, and said: "I am sure that your country, which has already given an example to the world of how people of many varied origins and traditions may live together in harmony, will have a vital contribution to make to the cause of fuller cooperation, understanding and tolerance far beyond the immediate area of the world in which it is situated".
Development of shared monarchy
In the lead-up to Jamaican independence in 1962, the Parliament of Jamaica established a cross-party joint select committee to prepare a new constitution. The committee received several submissions calling for Jamaica to become a republic, which it "heard politely, but rejected unceremoniously". Both major party leaders in Jamaica in the lead-up to independence (Alexander Bustamante of the Jamaica Labour Party and Norman Manley of the People's National Party) were opposed to Jamaica becoming a republic.
The Jamaica Labour Party, led by Alexander Bustamante, affirmed its loyalty to the monarchy in the party's constitution, which sought to instil "in the hearts of the people reverence for God, loyalty to the Queen and respect for lawful constituted authority".
Norman Manley admired British constitutionalism and explained the position taken by the Joint Committee of the Jamaican Parliament in 1962. Manley argued that the institutional set-up of the country should reflect the constitutional history of the colony and Britain itself. This was seen as Manley's strong endorsement of the Westminster system as a whole, and that the Queen should be retained in the Constitution as a symbol of continuity. Upon independence, Jamaica opted to retain the monarchy as a leading, and deeply entrenched institution in the constitution.
Law professor Stephen Vasciannie has suggested that the decision to retain the monarchy at independence was due to several factors, including a desire for continuity and stability, a desire to demonstrate the maturity required for independence, the popularity of the royal family amongst Jamaicans, and tendencies towards Anglophilia among the political elites.
The Jamaican Crown and its aspects
Jamaica is one of fifteen independent nations, known as Commonwealth realms, which shares its sovereign with other realms in the Commonwealth of Nations, with the monarch's relationship with Jamaica completely independent from his or her position as monarch of any other realm. Despite sharing the same person as their respective monarch, each of the Commonwealth realms — including Jamaica — is sovereign and independent of the others. The Jamaican monarch is represented by a viceroy—the governor-general of Jamaica—in the country.The Queen's role in Jamaica
Since Jamaican independence in 1962, the pan-national Crown has had both a shared and a separate character and the sovereign's role as monarch of Jamaica is distinct to his or her position as monarch of any other realm, including the United Kingdom.Queen and Jamaica The monarchy thus ceased to be an exclusively British institution and in Jamaica became a Jamaican, or "domesticated" establishment.
This division is illustrated in a number of ways: The sovereign, for example, holds a unique Jamaican title and, when he is acting in public specifically as a representative of Jamaica, he uses, where possible, Jamaican symbols, including the country's national flag, unique royal symbols, and the like. Also, only Jamaican government ministers can advise the sovereign on matters of the Jamaican state.
Title
Shortly after independence, Elizabeth II, at the request of the Prime Minister of Jamaica, adopted separate and distinct style and titles in her role as Queen of Jamaica. Per a proclamation on 18 August 1962, the Queen's style and titles in relation to Jamaica became: Elizabeth the Second, by the Grace of God of Jamaica and of Her other Realms and Territories Queen, Head of the Commonwealth.
Since the accession of Charles III, the monarch's title is: Charles the Third, by the Grace of God of Jamaica and of His other Realms and Territories King, Head of the Commonwealth.
This style communicates Jamaica's status as an independent monarchy, highlighting the monarch's role specifically as Sovereign of Jamaica, as well as the shared aspect of the Crown throughout the realms, by mentioning Jamaica separately from the other Commonwealth realms. Typically, the Sovereign is styled "King of Jamaica" and is addressed as such when in Jamaica, or performing duties on behalf of Jamaica abroad.
In the creole language Jamaican Patois, Queen Elizabeth II was known as Missis Queen and The Queen Lady.
Succession
Like some realms, Jamaica defers to United Kingdom law to determine the line of succession.Statement by Nick Clegg MP, UK parliament website, 26 March 2015 (retrieved on same date).
Succession is by absolute primogeniture governed by the provisions of the Succession to the Crown Act 2013, as well as the Act of Settlement, 1701, and the Bill of Rights, 1689. This legislation limits the succession to the natural (i.e. non-adopted), legitimate descendants of Sophia, Electress of Hanover, and stipulates 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. Though these constitutional laws, as they apply to Jamaica, still lie within the control of the British parliament, both the United Kingdom and Jamaica cannot change the rules of succession without the unanimous consent of the other realms, unless explicitly leaving the shared monarchy relationship; a situation that applies identically in all the other realms, and which has been likened to a treaty amongst these countries.Justice Rouleau in a 2003 court ruling wrote that "Union under the ... Crown together with other Commonwealth countries [is a] constitutional principle". O’Donohue v. Canada, 2003 CanLII 41404 (ON S.C.)
Upon a demise of the Crown (the death or abdication of a sovereign), it is customary for the accession of the new monarch to be publicly proclaimed by the governor-general in the capital, Kingston, after the accession. Regardless of any proclamations, the late sovereign's heir immediately and automatically succeeds, without any need for confirmation or further ceremony. An appropriate period of mourning also follows, during which flags across the country are flown at half-mast to honour the late monarch. Memorial services for the late monarch are held in all parishes of Jamaica.
Personification of the state
The sovereign is regarded as the personification, or legal personality, of the Jamaican state. Therefore, the state is referred to as His Majesty in Right of Jamaica. As such, the monarch is the owner of all state lands (called Crown land), buildings and equipment (called Crown property), and the copyright for all government publications (called Crown copyright). Government officials are also employed by the Crown, as are the governor-general, the prime minister, judges, members of the Jamaica Defence Force, and police officers. Many officials were once required by law to recite an oath of allegiance to the monarch before taking their posts, however the oaths were amended in 2002, removing mention of the monarch. Nonetheless, under the Jamaican Nationality Act, new Jamaican citizens have to take an oath or affirmation of allegiance to the Jamaican monarch, his heirs and successors. The current oath is:
Constitutional role and royal prerogative