Constitutional reform considered as Cayman takes a holiday

Cayman News | 04/07/2016 | 0 Comments

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(CNS): As people enjoyed a day off Monday to mark the first constitution in the Cayman Islands’ history in 1959, Premier Alden McLaughlin pointed to the importance of the one that came 50 years later. He said that the 2009 constitution steered through by the previous PPM government had established a new and modern framework for the current system of governance. But the Constitutional Commission asked if it was time for some more changes.

McLaughlin said the 2009 constitution, of which he was a leading architect, improved and provided constitutional protection for human rights, allowed greater involvement of the elected government in all the affairs of the country and required the UK to consider the interests of Cayman in relation to its affairs.

“It’s a Constitution that provides a framework for the modern Cayman; one that builds on the foundations of previous constitutions—both the 1959 and 1972 Constitutions—and one that should provide a proper basis of Cayman’s continued evolution as a modern state,” he said in a message to the country marking the day’s celebration. “Our history has shown that our Constitution is indeed a living document.”

Describing it as the supreme law of the islands, McLaughlin said it set the ground rules for the way the people of Cayman are governed, but it also ensures that those who come after have a document that can evolve and keep pace with the changing times.

Meanwhile, the Constitutional Commission, which is currently chaired by attorney Vaughan Carter, pointed out that reflecting back over the constitutions of yesteryear allows the people to evaluate the effectiveness the constitutional arrangements and consider whether further revisions were required.

“Since a constitution represents a social contract between government and its people and given that our constitutional arrangements are not set in stone once and for all – as the revisions that have taken place since 1959 aptly demonstrate – we should all therefore be alive to the potential need for further improvements on an ongoing basis and, indeed, to changing circumstances that may require constitutional adjustment,” the commission stated.

Pointing to the recent discussions surrounding the National Security Council and whether it is fulfilling the original vision, the commission suggested it was for the people to consider whether these and other issues could form the basis for more constitutional change.

Questions about whether the NSC should be much more than an advisory body and allow the local government to exercise greater influence over national security policy are now being debated and many believe it could be time for a minor constitutional revision to pave the way for far greater local say over the management and policy structures of the RCIPS.