CARIBBEAN POLITICS and SOCIETY The Westminster\Whitehall Model in the Caribbean The Westminster model is the system of practices

and conventions that have formed the basis of the British governmental system. The name is derived from the British parliament that is located at Westminster in London, England. The Westminster model places great emphasis on the role of parliament in the government of a country. In general the Westminster model is a system of government in which the Executive is drawn from and is accountable to the parliament. Westminster System in the Caribbean. The present political system in the English speaking Caribbean has its origins in the Westminster system since it is mainly a result of 19th and 20th centuries British political practices imposed on the territories when they were British colonies. Caribbean independence constitutions were partly borrowed and partly written by British civil servants. Commonwealth Caribbean constitutions have produced a political system that comprises all the main features of the British constitution. However the independence constitutions saw some modifications in their transfer of the model to the West Indies. Due to the many modifications and changes that have been made to the model in its transfer to the Caribbean, it has sometimes been referred to as the Whitehall model of government. Whitehall is the home of the British civil service, which includes the Colonial Office. Outlined below are the characteristics of the pure Westminster Model and the modifications: An Unwritten Constitution (See note on Caribbean Constitutions). Modification. A written constitution whose most important provisions can only be altered by a special procedure. This refers to the entrenched provisions. * All Caribbean constitutions are written constitutions and these are supreme, whereas in Britain, Parliament is supreme. Minority groups are given certain assurances that are not expressly given in the British system, this has been mostly done through constitutionally guaranteed rights. Parliamentary Sovereignty (Supremacy). Parliament comprising the Queen, House of Lords and the House of Commons is recognised as the highest body in the land for making laws. Parliament can pass laws, and amend or repeal legislation on any subject; The power and jurisdiction of parliament is so transcendent and absolute, that it cannot be confined, either for causes or persons, within any bounds . What parliament doth no authority upon earth can undo. Sir Edward Coke on the British constitution o no body outside of parliament is required to agree or not agree before any law is made, except the monarch. o the courts do not have the power of judicial review, i.e. the power to declare Acts of Parliament unconstitutional. No act of the legislature can be called into question in any court of law. o Through an Act of Indemnity, Parliament can legalise illegalities.

Modification. Provision for judicial review making the constitution supreme. The judiciary under the constitution has the sole authority to decide the constitutionality of legislation passed by the legislature (parliament). Judicial review is therefore a means of exercising restraint on the legislature and is a standard practice of democratic countries. Bicameralism. There are two chambers in parliament at least one of which must be elected, the House of Commons (the Lower Chamber) and the House of Lords (the Upper Chamber). Almost all legislative power belongs to the Commons. The only power the House of Lords retain is to delay legislation: money bills for one month and other bills for one year. Membership in the British House of Lords is for life, it is composed of hereditary and life peers, i.e. persons holding office by inheritance and those created on the advice of the Prime Minister. Modification. Guyana, St. Vincent & the Grenadines, Dominica and St. Kitts-Nevis all have unicameral legislatures. In all four states the upper chamber has been abolished. In the Caribbean, Senators are appointed for a fixed term. When parliament is dissolved, the life of the Senate is also ended and there is no guarantee that the same Senators will be reappointed. (i) In Barbados, before independence persons were appointed to the upper House (Legislative Council) for life. These appointments were based on wealth and\or position in society. (ii) The Senate today is supposed to be a broad representation of society, e.g. the business community, the religious community, workers (trade unions), the youth, etc. The Fusion of Powers There is no strict separation of powers between the executive and legislative branches of government. o The Executive, i.e. the Cabinet, who formulate policy must be members of the legislature, i.e. the law making body o There is however a strict separation of powers between the judiciary and the other two branches of government. The one exception is the Lord Chancellor who is a judge (head of the judiciary), a senior Cabinet Minister - governments chief legal advisor (member of the Executive) and Speaker of the House of Lords (member of the legislature). He is therefore the only public official in Britain who is simultaneously a member of all three branches of Government. There is therefore the independence of the judiciary - judges should be free from political interference and political pressure. The head of the judiciary in the Caribbean is the Chief Justice, who is prohibited from being a member of the Executive or the Legislature, and the governments chief legal advisor is the Attorney General. Unitary System of Government A system where the central legislature is supreme over any other legislature and local councils\governments are subordinate to the central government. The powers to govern, i.e. namely the executive, legislature, and judicial powers is allocated to one central government, which may then create territorial or unit governmental bodies subordinate to it. 2

Modification. St. Kitts-Nevis has a federal form of government. A federation is a system of government where political power is divided between a central government and regional governments. The various levels are relatively autonomous and independent, with neither being subordinate to the other. There is the constitutionally guaranteed division of power between the different levels of government and an independent judiciary that acts as interpreter and guardian. Under a federal system of government, all citizens are subject to at least two sets of authorities (governments). Two-Party System (Party Government) British politics is dominated by two large parties, although there are other parties. The parties compete with each other, with the Government being formed by the members of the party having the majority of the seats in the House of Commons. o at elections (constitutionally due every five years) each party presents its policies and programmes in a manifesto as a means of influencing the voters. o elections are held using the first-past-the-post system o the policies of the government are carried out by a non-partisan civil service. o use of party whips whose chief functions are to ensure that there is a quorum of members in the House on important occasions, to see that members vote in according to the wishes of the leaders and to act as liaison officers between party leaders and other members. Modification. The whip and committee systems as practiced in the Caribbean are relatively weak. This is as a result of the small numbers in the legislature. Jamaica has the largest elected Assembly with 64 members, while there are 650 members in the House of Commons and in 1982 there were 1,178 members in the House of Lords. Provisions calling for consultation between the Government and Opposition before certain appointments and courses of action are taken. Guyana uses the Closed List Proportional Representation System A Constitutional Monarchy (See note on Caribbean Constitutions). Modification. The Head of State is represented by a Governor General. Trinidad & Tobago, Dominica and Guyana all have a republican system of government. A referendum will be held in Barbados to determine whether the country should become a republic. (a). Dominica and Trinidad & Tobago are parliamentary republics, i.e. having a ceremonial Head of State (President). The Government of T&T is considering a change to a pure presidential system with an executive presidency. (b). Guyana is the only Caribbean territory with an Executive (popularly elected) President. This is a political system where the Head of State is also the Head of Government.

The Prime Minister (See note on The Head of State, Prime Minister and Opposition Leader). 3

Modification. Caribbean Prime Minister can and usually are the countrys Minister of Finance. Cabinet Government (See note on The Head of State, Prime Minister and Opposition Leader). Liberal Democratic Ideology. (See note on Ideologies). The Rule of Law. All citizens, from the highest to the lowest are seen as equal and subject to the same laws. o citizens are protected from the exercise of arbitrary power by government, i.e. governments decisions and actions must be within the limits of the law. o citizens have access to the law courts to contest decisions and actions taken by government authorities. They are entitled to due process of the law. Critique of the Westminster System in the Caribbean. Many of the changes were designed to protect the rights of citizens, e.g. the inclusion of a section guaranteeing fundamental rights; however several of the changes have increased the powers of the Executive, notably that of the Prime Minister at the expenses of the ordinary citizen and the other branches of government. The further concentration of power due to the ineffective separation between the executive and the legislature as a result of: (a) The inability of small legislatures to provide oversight and accountability particularly with regard to public finance. (b) The tendency for parliaments to act as ''rubber stamps'' for the executive. i. the fusion of powers generally lead to unaccountable government in that the legislature is usually subordinate to the executive because the majority of its members are supporters of the governing party. (c) Government's general lack of accountability to citizens in between elections. Government operating as top down 'elite cartels' rather than representative administrations distributing largess solely to followers to maintain loyalty. (d) The entrenching of clientelism and cronyism to the point of systemic corruption. (e) The driving of opposition politics underground or into alternative channels such as the army, as in the case of Suriname, which has endured two military takeovers since independence and Grenada where the New Jewel Movement staged a coup detat in 1979. The 1980 constitutional change in Guyana provided for a presidential executive system. However, while the power of the new presidential executive was increased under the new arrangement, the essential parliamentary nature of the system remained unchanged. Westminster assumes the existence of two parties of generally equal strength, one forming the Government and the other the Opposition. Caribbean constitutions are drafted with this in mind. (a) In the event that there is no Opposition in the Lower House, some territories such as Jamaica would have no Opposition Senators. In the House of Lords where there are heredity peers, this situation would not occur. 4

(b)

Given the size and complexity of the U.K, it is inconceivable that a single party could ever win all the seats in the Commons. In the Caribbean, sometimes, huge majorities are obtained by the ruling parties; thereby limiting the effectiveness of the Opposition. i. Barbados 1986 - DLP: 21, BLP: 3 and in 1999 - BLP: 26, DLP: 2. ii. Grenada 1999 - New National Party won all 15 seats. iii. Trinidad & Tobago 1986 - NAR: 31, PNM: 3.

Reforming Westminster: The Way Forward. According to Francis Alexis, Commonwealth Caribbean constitutions still require further modifications to eliminate corruption, provide greater political accountability of elected and non-elected officials and to promote greater efficiency and democratic participation. These changes should be designed to give expression to the demands and aspirations of Caribbean people. In as much as Caribbean constitutions are sadly lacking in mechanisms (except elections) which enforce accountability responsibility of the government to the governed Alexis recommends: Parliamentarians accountability to his/her constituents at least annually through a report on activities during the year. Strengthening existing channels of local government where it is not already in existence The removal of the ceremonial Head of State. Recall of parliamentarians by their constituents. The Constitutional Review Task Force in Barbados also made recommendations: Modification of the Senate to provide for greater representation for those who do not support the government and to provide for representation of third and minor parties; Retention of the first past the post system; Establishment of an Integrity Commission; Enactment of Legislation creating a system of People's initiatives'; Renaming the Privy Council to the Presidential Council Discretion to the president to refuse to dissolve parliament on the advice of the Prime Minister. The OAS Report (2002) recommends: Integrating civil society into the political system, to enhance its capacity to influence decision making and contribute to government oversight, and to promote more consultative, consensual and less adversarial politics. For example, in the upper houses in which senators continued to be appointed, the number of independent senators representing civic groups such as women's organisations and trade unions be increased. Limiting the size of the Cabinet to reduce the ability of Cabinet members to dominate the control of their parliamentary colleagues. Guidelines to assist your revision: * What is the Westminster system? * Why do we have this system? * What are its strengths and weaknesses?

What would you propose to change if given the opportunity to influence the Administrative System of the Caribbean.

Suggested Reading:Barrow-Giles, C. (2002), Introduction to Caribbean Politics, Ian Randle Publishers, Kingston; Chapter 3 Finer, S.E. (1997) Comparative Politics, Boston: Harvester. Heywood, Andrew (2002) Politics (2nd ed.), Palgrave Macmillan, Hampshire; Chapter 15. Munroe, T. (2002) Introduction to Politics: Lectures for First Year Students, Canoe Press, Jamaica, Chapter 9, 10 & 18 Organisation of American States (OAS) (2002) Constitutional Reform in the Caribbean, Washington: OAS. Ryan, Selwyn (1999) Winner Takes All: The Westminster Experience in the Caribbean, Institute of Social & Economic Research, U.W.I, St. Augustine Sandiford, L.E. (2000) Politics and Society in Barbados and the Caribbean: An Introduction, Cassia Publishing Ltd, Bridgetown; Chapter 7