Public Law Syllabus: Entrenched provisions explained

Section 49 of the Constitution lists certain parts of the Constitution as being entrenched or deeply/specially entrenched. What this means is that Parliament cannot seek to amend these sections in any way unless the procedure set out in the Constitution for their amendment is followed by Parliament.

The procedure for amending entrenched and deeply/specially entrencehed provisions is set out here. David Rowe's article, 'Trial by Jury-Right or Privilege' also sets out the procedure for amending entrenched provisions.

Two cases which address the issue of entrenchment are Hinds v R and the case of Independent Jamaica Council for Human Rights Ltd & Others v Attorney General & Another .

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UPDATED MAY 16, 2007 :

Examples of entrenched provisions of the Jamaican Constitution :

• Section 2 which establishes that (subject to sections 49 & 50 of the Constitution) where any other law is inconsistent with the Constitution, the Constitution shall prevail and the other law shall, to the extent of the inconsistency, shall be void.
• Section 34 which establishes the Parliament and states that it shall which shall consist of Her Majesty, a Senate and a House of Representatives.
• Section 35 and section 36 which deal with the Senate and the House of Representatives respectively.
• Section 39 which sets out the Qualification for membership of Senate and House of Representatives.
• Section 63 (2) which states that Sessions of Parliament shall be held at such times so that a period of six months shall not intervene between the last sitting of Parliament in one session and the first sitting thereof in the next session.
• Section 64 (2), (3), (5) which deal with Prorogation and dissolution of Parliament.
• Section 68(1) which establishes that the executive authority of Jamaica is vested in Her Majesty.