However, Parliament can terminate the power through ordinary legislation.
The DRMA does not include any of these oversight mechanisms in respect of the orders made by the Prime Minister in exercise of their power under section 26. 58 Both give notice to the lawmakers and an opportunity to consider the delegated legislation. Either House or the House of Representatives can within a specified period annul the regulations, otherwise the regulations are valid. 57 Where delegated legislation is subject to a negative resolution, those regulations are to be laid before each House of Parliament or, where so specified, the House of Representatives. 56 Where delegated legislation is subject to an affirmative resolution, this means that the regulations do not come into effect until affirmed by a resolution of both Houses or the House of Representatives as specified. Some statutes require regulations or orders to be subject to resolutions of each House of Parliament or a resolution of the House of Representatives. The Parliament has a role in ongoing oversight over the regulation or order making powers of the Government only if so provided for by the parent statute. Given the uncertainty captured in the debate about the constitutionality of managing the pandemic without resort to a state of emergency, as well as the fact that there were already states of emergencies in place in various areas, the Parliamentary Opposition called on the executive to utilize the emergency regime, but indicated that it would not mount a challenge to the approach chosen by the Government. The debate centred on the adequacy of either mechanism in safeguarding rights and providing a check on the executive’s expansive delegated law-making. There was significant debate between jurists about whether the Constitution required the Government to use the public emergency mechanism for its Covid-19 measures.
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This includes the implied doctrine of separation of powers as well as the Charter of Fundamental Rights and Freedoms and its prescription that limits on rights must be demonstrably justifiable in a free and democratic society. In principle, the DRMA and delegated legislation made under it must conform with the Constitution. The Government in Jamaica opted not to declare a state of public emergency in response to the pandemic and instead used the 2015 DRMA. However, this is not a requirement in the Constitution of Jamaica. 28 The Emergency Powers Act requires emergency regulations made during a state of emergency by the Governor General to be subject to affirmative resolution without which they expire after seven days. 27 The Supreme Court also has jurisdiction to determine if the decision to proclaim or to extend a state of public emergency is based on one of the purposes specified in the Charter. 26 In both cases, the Supreme Court has original jurisdiction to determine the constitutionality of restrictions of rights recognized in the Charter of Fundamental Rights and Freedoms. 25 In respect of other rights, the general limitations clause applies such that limitations on those rights must be demonstrably justifiable in a free and democratic society. During a state of emergency, the State can introduce measures pursuant to regulations made under the Emergency Powers Act 1938, 24 which limit freedom of movement, liberty, and the right to a public hearing if those measures are reasonably justifiable for dealing with the emergency situation. 10 The government ended most of Jamaica’s Covid-19 measures on 15 April 2022. 9 By 18 October 2022, it had administered a total of 1,495,422 doses, and approximately 25 per cent of the population was fully vaccinated by 31 January 2022. 8 The State began vaccination in March 2021 as limited vaccine supplies became available. During some periods, hospitalizations in a number of facilities exceeded isolation capacity, 7 necessitating the creation of additional isolation spaces and the setting up of field hospitals. 6 Jamaica imposed significant restrictions on movement in response to the spikes in Covid-19 cases and deaths. 5 The increase in cases and deaths slowed in 2022, and at 30 September 2022 there were 151,931 confirmed cases and 3320 deaths overall. 4 By the end of 2021, confirmed cases increased 600 per cent over 2020 figures to 94,649 confirmed cases, and deaths were at 2476, seven times the number the previous year. 1 Jamaica experienced several spikes in Covid-19 cases and deaths, particularly from August to October 2020, 2 the first quarter of 2021, 3 and from August to October 2021. United States Minor Outlying Islands Īt the end of 2020, Jamaica had 12,915 confirmed Covid-19 cases and 303 deaths.
Constitutional overviews (by jurisdiction).Constitutional instruments and materials.
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