C o n s t i t u t i o n a l r e f o rm i n t h e C ommo nwe a l t h C a r i b b e a n Commonwealth Governance Handbook 2014/15 23 Constitution (Amendment) Bill of 2014 (Government of Trinidad and Tobago, 2014). The first of these amendments requires that candidates contending for election must garner at least 50 per cent plus one of the votes cast in order to become members of parliament. If, however, that threshold is not met, a ‘run-off’ election must be held after 15 days have elapsed so as to determine which of the candidates should be elected to serve in the country’s parliament. While this proposed amendment has been touted in some quarters as discouraging socalled ‘tribal’ voting, given that candidates must now appeal to a more diverse electorate than hitherto, at least one political observer contends that such an approach, though standard practice in countries like France, may sometimes produce a vexing situation whereby the candidates who are in the lead may find themselves displaced in the second round, particularly in close elections (Ryan, 2014). A second, though by no means subsidiary, proposed constitutional revision relates to the postulation that prime ministers will no longer be able to unilaterally determine the date for general and local government elections. This proposal appears to have garnered considerable bi-partisan support. The third proposed change, a limitation on the number of terms that can be served by heads of state (to merely two, rather than an indefinite period of time), appears also be to be widely countenanced. The main criticism, in this context, relates to the question of whether it would be appropriate to deprive the electorate of the opportunity of benefiting from excellent leadership should they otherwise desire to elect their chosen head of state beyond the two-term limit. As pointed out by Selwyn Ryan, however, the prevailing view appears to be that limitation on terms of office would allow for a circulation of social and political power, and guard against impunity (Ryan, 2014). One of the more controversial of the proposed changes to the constitution of Trinidad and Tobago surrounds the so-called ‘recall’ provision, which states that ministers can be recalled by voters (after a three-year period in office has elapsed) if they fail to adequately perform while in office. While it has been argued that such an approach can fuel political instability, others emphasise that although the required threshold is low (ten per cent) , an actual recall can only be achieved with the support of two-thirds of all registered voters in a district. This would apparently make it difficult, if not very unlikely, that a minister of parliament would ever be recalled in practice (Albert, 2014). At the time of writing, these, as well as several other, considerations had been robustly debated (and successfully passed) in the lower house of parliament and were being actively debated by the senate. It remains to be seen whether the simple majority required to effectuate these reforms will be gained. Grenada A Constitution Reform Advisory Committee (CRAC) was launched on 16 January 2014 by the Prime Minister of Grenada. The mission of CRAC is to engage actively in a nationwide consultation process on constitutional reform and, in this regard, to advise the government of Grenada on the way forward. As part of this important and, indeed, long-overdue process, on 14 July 2014 the Cabinet of Ministers of Grenada approved in principle 12 recommendations made to the Minister of Legal Affairs by CRAC (CRAC, 2014). The proposals of CRAC are quite nuanced and could potentially signal a new direction in the constitutional landscape of Grenada, truly reflecting the values of an autochthonous constitution. In this context, the proposals include that the appellate jurisdiction of the Caribbean Court of Justice (CCJ) should replace the privy council; that the name of the state should be changed from ‘Grenada’ to ‘Grenada, Carriacou and Petite Martinique’; and that the rights of citizens should be redefined so as to afford them stronger protection. More profoundly, CRAC has recommended the implementation of the Directive Principles of State Policy which, in principle, places a positive duty on the state to ensure the protection of the environment; the provision of adequate nutrition, and good primary and secondary health facilities to citizens; the protection of the disabled; and the provision of tuition-free education to children up to the age of 18 years. While undoubtedly far-reaching, given the experience of the neighbouring island of SVG, it will certainly be interesting to see whether these proposals are accepted by the Grenadian populace as they go to the polls in a national referendum. At the time of writing the results of the February poll had not been released. Conclusion The foregoing narrative suggests that, in large part, there is a general appetite for constitutional reform in the Commonwealth Caribbean, which is no doubt fuelled by the need for an autochthonous constitution. However, the experience of SVG demonstrates that adversarial politics, a basic lack of understanding as to the dynamics of constitutional reform and the complexity of proposals have all impeded the pace of change. Nevertheless, the Jamaican experience demonstrates willingness, albeit limited and belated, to better protect the rights of citizens through constitutional reform, though it can be argued the amendments brought about by the charter largely reflect prevailing political ideologies. The results of the Trinidad and Tobago, and Grenada constitutional reform processes are as yet unknown, however, early indications suggest that, despite a number of practical challenges, there is a strong prospect that these countries might be on the verge of weeding out several features of the Westminster system which can be seen as colonial anachronisms. JASON HAYNES is currently studying for his PhD at Durham University as a Commonwealth scholar and tutors on both the LLB and LLM programmes. He also serves as Ustinov College scholar and convenor for the Race, Crime and Justice Network, and as editor for the UK Law Student Review. He previously worked as a legal research assistant at the Chambers of the Attorney General of St Vincent and the Grenadines, and the Chambers of Baptiste and Co Inc. He was awarded a bachelor of laws (LLB) degree from the University of the West Indies and subsequently completed his master of laws (LLM) in international economic law at the University of Nottingham on a British Chevening Scholarship (2012).
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