BRANCHES OF GOVERNMENT

JAMAICA’S POLITICAL system is categorized as a parliamentary democracy and is based on

the separation of powers, which puts forward a system of checks and balances coordinated by

three branches of government:

1. The executive, responsible for running the government and implementing law;

2. The legislature, which is charged with the making of laws;

3. The judiciary, which administers the law and resolves disputes relating to the law.

Each of these bodies exists independently, as a check on the other two bodies, preventing the

exceeding or abusing of their authority. Furthermore, the legal system of Jamaica is based on

British common law.

THE EXECUTIVE

The executive is the part of a government that has solitary power and accountability for the day-

by-day administration of the country. The prime minister and his/her Cabinet exercises the

executive duties of the government in Jamaica. The Cabinet, which consists of the prime minister

and other ministers of his/her choice, is the principal policymaking body. The executive body is

in charge of the general direction and has power of the government and is collectively

responsible to parliament. The division of power into separate branches of government is central

to the idea of the separation of powers. The head of state appoints the prime minister from the

members of the House of Representatives which will form the governing body. The head of state

also appoints the other ministers on the advice of the prime minister. The head of state, in

consultation with the prime minister, appoints an attorney general who is the principal legal

adviser to the government in Jamaica.

Legislative

WHY DO WE NEED THE LAW?

ALMOST EVERYTHING we do is governed by some set of norms. There are rules imposed by

morality and custom that play an important role in telling us what we should and should not do.

The rules made by a country are called ‘laws’. Laws are principles that are designed to control or

alter our behaviour. They are enforced by the courts and if one breaks a law he/she may be

forced to pay a fine, pay damages or go to prison. If we did not live in a structured society with

other people, laws would not be necessary. We would simply do as we please, with little regard

for others. Laws have been the adhesive that has kept society together. Even in a well-ordered

society, people have disagreements and conflicts arise. The law must provide a way to resolve

these disputes peacefully. The law also serves to ensure that strong groups and individuals do not

use their powerful positions in society to take unfair advantage of weaker ones. In our society,

laws are not only designed to govern our conduct; they are also intended to give effect to social

policies. For example, some laws provide for benefits when there is a divorce, for inheritance,

child care, legal separation and domestic violence. Family law, therefore, deals with any aspect

of the family that needs to be recognized by individuals in society. Family law is an area of the

law that deals with family-related issues such as marriage, domestic partnerships, adoption, child

care and support, divorce, property settlements, alimony and other parental responsibility.

CHILDREN AND THE LAW

Parents must protect their children from harm and provide for their basic needs like food and shelter. If

there is any reason to believe that parents are not doing this, the family can be investigated. Caribbean

governments have introduced dimensions of the Child Care and Protection Act. The Child Development

Agency (CDA) is a leader in Jamaica’s child protection system. It has the growing regional reputation for
its work in promoting child-friendly policies and ground breaking programmes to strengthen families.

Established in 2004 out of an amalgamation of the Child Support Unit, the Child Services Division and

the Adoption Division, the CDA is now under the purview of the Ministry of Youth and Culture. The

CDA provides support to children in need of care and protection (those who have been, abused,

abandoned, neglected or vulnerable due to disability). This agency carries out advocacy/public-education

programmes to prevent child abuse; investigates reports of child abuse, abandonment and neglect to

determine the best interest of the child, which is supported by the courts and the police; provides quality

care for children who are brought into the care of the state and advises the government on policy and legal

issues relating to children.

NOTE

When a child is in need of protection, he or she:

_ is left alone, is uncared for or is neglected.

_ has been abused or is likely to be abused (abuse include physical, sexual and emotional abuse).

_ sees abuse between adults in the home.

The law says children must be protected. Under the CDA, it does not matter which parent or caregiver is

abusing the child. A caregiver includes any adult who is responsible for the care of a child. Even if a

caregiver is not abusing a child, he/she can be investigated if he/she knows about the abuse or should

have known about it and did nothing to try to stop it.

THE MAINTENANCE ACT

This act protects the well-being of children. It ensures that parents/guardians maintain the children who

are under the age of 18 years. Also a divorced spouse may be asked to support the other spouse. The court

system in Jamaica, the Family Court, may intervene and issue an order which, if violated, leads to

imprisonment. Parents who leave their children unattended for long periods of time without just reasons

are subjected to punishment at the hands of the law. The penalty becomes worst if the neglected child is

harmed.
LAWS RELATED TO INHERITANCE

Inheritance is defined as the legacy, property or money which is a bequest/passed down from a dead

person to his or her successor. Nowadays, there are laws that give equal status for inheritance to surviving

common-law wives and their illegitimate children: before, these persons were barred from receiving this

inheritance. Where the deceased does not leave a will, the surviving spouse, it is said, is entitled to the

entire property if there is no child/children or next of kin. The surviving spouse is entitled to two-thirds of

the property if the deceased left a child behind. If there is more than one child, the spouse will receive

one-third of the property.

DIVORCE

Divorce seems so easily carried out recently. The grounds for divorce are based mainly on infidelity,

abuse and desertion, among other things. Individuals seeking a divorce must show evidence in court that

their marriage has broken down and irretrievable. They must be able to provide proof that they have been

living separate lives for a continuous period of not less than 12 months before the filing date for the

divorce. The court will not listen to cases where partners have been married for less than two years and

have not made extensive use of marriage counseling in an attempt to reconcile their differences. At times,

one spouse may not able to support him/herself for varying reasons; therefore, the other party will have to

continue giving the other alimony.