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The Cayman Islands GovernmentThe Cayman Islands Government is a parliamentary democracy with judicial, executive and legislative branches. The Cayman Islands is a parliamentary democracy with judicial, executive and legislative branches. The present constitution, which came into effect on 22 August 1972, provides for the government of the Cayman Islands as a British Dependent Overseas Territory. It is the third written constitution issued for the Islands by the British Crown since 1959, though there is a history of over 160 years of representative government. The Islands' constitution has evolved as the population and economy has grown; however, Cayman has not moved to the stage where there is a chief minister. The Islands pride themselves on having an independent judiciary, emphasising that the Grand Court was established by the Constitution. In many forms of parliamentary government, executive and legislative branches are not totally separate. In the Cayman Islands, the people elect the members of the legislature, and the legislature elects the majority of the The Cabinet. There is no second tier of local government. A district commissioner represents the governor in Cayman Brac and Little Cayman. In May 2001 the Governor appointed a Constitutional Modernisation Review Commission that made recommendations on further changes in the Islands' political process and governmental structure. As a result, the Executive Council became Cabinet, both a Leader of Government Business and a Leader of the Opposition were officially appointed, and an Electoral Boundary Commission was appointed and made recommendations to turn Cayman’s districts into one-person, one-vote constituencies. |
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Judicial BranchThe Cayman Islands has three resident judges, three magistrates and over 80 justices of the peace, some of whom serve as lay magistrates. The governor appoints magistrates on the advice of the chief justice. Judges of the Grand Court and the Court of Appeal are appointed in accordance with instructions from the secretary of state of the United Kingdom on behalf of Her Majesty the Queen. The governor, on the advice of the secretary of state, appoints one of the judges to be the chief justice.Justice in the Cayman Islands is administered at three levels - in the Summary Court (including the Youth Court), the Grand Court and the Court of Appeal. The Youth Court has general jurisdiction to try all summary offences committed by juveniles under 17 years of age. The Court is presided over by a magistrate sitting alone or with two justices of the peace, at least one of whom must be of the opposite gender to the magistrate, or by three justices of the peace, at least one of whom must be a woman. The Summary Court has a civil and criminal jurisdiction. One or two magistrates normally exercise jurisdiction, although provision is made for two lay justices of the peace to preside. Coroner's inquests are held in Summary Court where a magistrate sits with a jury as coroner for the Islands. Appeals from the Summary Court lie to the Grand Court. The Grand Court is a superior court of record and administers the common law and the law of equity of England, as well as locally enacted laws and applied laws. Appeals from the Grand Court lie to the Cayman Islands Court of Appeal, composed of a president and not less than two judges of appeal. A judge of the Grand Court may exercise any of the powers of a single judge of the Court of Appeal. Further appeal lies, in certain circumstances, to the Judicial Committee of the Privy Council in London. Role of The GovernorAppointed by Her Majesty's Government, the governor presides over The Cabinet, whose advice must be taken except in matters of defence, external affairs, internal security, the police and the civil service.The governor may also go against Cabinet's advice if he or she considers it against the public's interest. In cases of urgency this may be done without prior approval from London, but such action must be immediately reported to the secretary of state. The governor is also not required to consult on matters too unimportant to require this, or if it would be prejudicial to the national interest, though such actions must be reported to Cabinet. The Governor also appoints some members of the judiciary and oversees the civil service. The CabinetThe Cabinet is composed of three official members and five elected members, called ministers. The official members are the chief secretary, the attorney general and the financial secretary. They are appointed by the governor in accordance with Her Majesty's instructions and have seats in the Legislative Assembly.The five ministers are voted into office by the 15 elected members of the Legislative Assembly. Each member of The Cabinet is allocated a portfolio of responsibilities by the governor. Under the principle of collective responsibility, all Cabinet members and ministers are obliged to support in the Assembly any measures approved by Cabinet unless the governor has given prior approval to act otherwise. Almost 50 departments, sections and units carry out the business of government, joined by a number of statutory boards and authorities set up for specific purposes, such as the Port Authority, the Civil Aviation Authority, the Immigration Board, the Water Authority, the Community College Board of Governors, the National Pensions Board, and the Health Insurance Commission. The legislative AssemblyThe 15 elected members of the Assembly represent the Cayman Islands' six districts, four each from George Town and West Bay, three from Bodden Town, two from Cayman Brac and Little Cayman, and one each from North Side and East End.The Governor must dissolve the Assembly four years after its first meeting, unless it has been dissolved sooner, and a general election must be held within two months of dissolution. For more information on The Government of The Cayman Islands, please visit http://www.gov.ky |
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