Public Law syllabus : Appointment and removal of Judges under the Constitution

The Jamaican Constitution :

1. Here is the Jamaican Constitution. It may also be found here.

2. Chapter 7 of the Constitution concerns the Judiciary :

• Section 98 speaks to the appointment of Judges to the Supreme Court
• Section 100 (1) -(10) contains information about the removal of judges of the Supreme Court.
• Section 103 & section 104 speak to the appointment of Judges to the Court of Appeal
• Section 106 speaks to the circumstances under which and the means by which a Judge of the Court of Appeal may be removed from office.

3. The Judicature (Supreme Court) Act in section 6 (2) states :

No person shall be appointed to be a Judge of the Supreme Court unless he is a
member of the Bar of Jamaica, England, Northern Ireland or Scotland-

(a) of at least ten years standing; or

(b) such number of years standing as added to a period during which he has held the office of a Resident Magistrate in Jamaica prior to his becoming a member of such Bar amounts to not less than ten years.

4. The Judicature (Appellate Jurisdiction) Act in section 4(1) states :

A person shall not be appointed to be a Judge of the Court unless he is a member of the Bar of Jamaica, England, Scotland or Northern Ireland –

(a) of at least ten years standing; or

(b) who holds or has held office as a Judge of a court having unlimited jurisdiction in civil and criminal matters in some part of the Commonwealth or a court having
jurisdiction in appeals from any such court.