Parliament to receive distinguished lecture on separation of powers

The House of Parliament has announced that at 4:30 p.m. on June 21, 2022, a special lecture will be held on the separation of powers and will be presented by Dr The Hon. Lloyd Barnett, OJ, LL.B (Hons), LL.M, Ph.D. (London), LL.D(Hons)(UTech),LL.D (Hons)(UWI) in the House of Parliament.

“Separation of powers” ​​is an interesting topic because the concept aims to create a system of checks and balances for governments, in the hope of preventing a concentration of power in a given area.

The typical separation of powers is divided into three branches: the legislative, the executive and the judiciary. Under Cayman’s constitution, the Legislature consists of Her Majesty and Parliament. Subject to the constitution, Her Majesty and Parliament may make laws for the peace, order and good government of the Cayman Islands.

Our constitution also provides that the executive authority of the Cayman Islands is vested in Her Majesty and, subject to the constitution, the executive authority of the Cayman Islands shall be exercised in Her Majesty’s name by the Government, consisting of the Governor as representative of Her Majesty. representative and the Cabinet, either directly or through public officers.

Regarding the third branch of the “separation of powers”, the judiciary is the system of courts that interprets, defends and applies the law to the facts of each case on behalf of the government. To emphasize, the judiciary does not “make law” (“making law” is a function of Her Majesty and Parliament discussed above). As for who heads the judiciary in the Cayman Islands, the constitution of Cayman states that the Chief Justice is recognized as the head of the judiciary in the Cayman Islands.

As for the speaker visiting Parliament to discuss the important topic of ‘separation of powers’, Dr Barnett has a long list of accomplishments, having practiced as a barrister in Jamaica and several Commonwealth Caribbean countries and having served as Past President of the Jamaica Bar Association. and the Organization of Commonwealth Caribbean Bar Associations. He is also a former Senator in the Jamaican Legislature and the author of The Constitutional Law of Jamaica (OUP) and The Jamaican Constitution – Basic Facts and Questions and has published several legal articles, particularly in the area of ​​human rights. and public law. Although Dr Barnett is due to lecture in Parliament on the important subject of the separation of powers, it should also be noted that, subject to the relevant work permit and limited admission being granted, Dr Barnett has also been retained as lead counsel in a constitutional case. case filed against the Cayman Islands government, the first hearings of which are expected to take place this summer. People who filed the constitutional complaint and challenged the government in this potentially high-profile case include Alric Lindsay and others.

Angela C. Hale