THE CAYMAN ISLANDS CONSTITUTION A GRAPHIC ADAPTATION
A CONSTITUTIONAL COMMISSION PUBLICATION
PerformedbyTheStarships therdebutsinglewhich toppedtheUKCharts PART II POP QUIZ PART VII FINANCE PART I - BILL OF RIGHTS, FREEDOMS AND RESPONSIBILITIES PART III POP QUIZ 02GLOSSARY OF TERMS 06 09 15 TABLE OF CONTENTS 20 THE STUDENT TEAM 10THE PREAMBLE THE PREAMBLE AND PART I POP QUIZ 17PART II THE GOVERNOR 18 PART III THE EXECUTIVE 22 PART IV THE LEGISLATURE 25 3128 33 PART IV POP QUIZ PART V - THE JUDICATURE PART VI THE PUBLIC SERVICE PART V POP QUIZ 35 34 PART VI POP QUIZ 36 37PART VII POP QUIZ 38 40 PART VIII - INSTITUTIONS SUPPORTING DEMOCRACY PART VIII POP QUIZ 39 CONCLUSION 41POP QUIZ ANSWER KEY
GLOSSARY OF TERMS
Advisory District Councils - advisory groups in each electoral district, which would advise elected members of Parliament.
Attorney General the principal legal adviser to government and Parliament
Auditor General a civil servant appointed by the Governor to oversee and audit the public accounts and financial dealings of all authorities, offices and departments of government and the courts
Bill of Rights, Freedoms and Responsibilities the first Part of the Constitution, which confirms or creates certain responsibilities of the government and the rights every person has against the government. This Part affirms the rule of law and the democratic values of human dignity, equality and freedom
Cabinet the group of people responsible for the day to day running of the government. The Cabinet is presided over by the Governor, is made up of the Premier, the government Ministers, the Deputy Governor and the Attorney General, and is supported by the Cabinet Office
Cabinet Office an office of government that supports the Cabinet, which is managed by the Cabinet Secretary
Cabinet Secretary a civil servant who must be Caymanian and who is appointed by the Governor to manage the Cabinet Office
Caucus a group comprising the government Ministers, other members of
Parliament on the government side and their advisors Caucus meets in advance of Cabinet meetings to establish the elected government's position on matters, including policy direction
Chief Justice the head of the Judiciary, who has responsibility for managing all matters arising in the Judicature, including the discipline of any magistrate or judge.
Chief Officer a civil servant responsible for a ministry or portfolio who reports to the Deputy Governor and is part of the senior leadership of the Civil Service.
Civil Service the group of government officials (each called a Civil Servant) who are employed on professional merit rather than appointed or elected and whose tenure typically survives changes of political leadership
Commission for Standards in Public Life an institution that supports democracy, which is responsible for setting and monitoring the standards and ethical behaviour of persons in public life and which is made up of volunteer members appointed by the Governor
Complaints Commissioner – see definition for Ombudsman.
Constitution the fundamental laws and principles by which a group of people agree to be governed, which typically includes the roles of and relationship between the Legislature, the Executive and the Judiciary; and the rights of the people
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Constitutional Commission an institution that supports democracy, which is responsible for promoting and raising awareness of the Constitution and which is made up of volunteer members appointed by the Governor.
Court of Appeal a court with jurisdiction and powers to hear and make binding decisions on appeals from the Grand Court
Deputy Governor a civil servant who must be Caymanian and who is appointed by Her Majesty the Queen to be head of the Civil Service
Deputy Leader of the Opposition - an elected member of Parliament who will do the job of the Leader of the Opposition in his/her absence.
Deputy Premier – an elected member of Parliament who will do the job of the Premier in his/her absence.
Deputy Speaker of Parliament an elected member of Parliament who will do the job of the Speaker of Parliament in his/her absence
Director of Public Prosecutions – an attorney, who is the civil servant responsible for prosecuting criminal offences before the courts and is not subject to the direction or control of any other person or authority.
Dissolving the Legislature the name given to the process by which the Governor closes Parliament so that a general election can take place
Electors persons eligible to vote in a general election
Electoral Boundary Commission a body appointed by the Governor at least every
every eight years to review the boundaries of electoral districts and the number of elected members of Parliament from these districts, which is not subject to the direction or control of any other person or authority
Ex Officio a role held as a result of a person ’ s position or status, for example, the Deputy Governor and the Attorney General are ex officio members of Cabinet.
Executive the branch of government whose function is to enforce the law and which is responsible for governance
Grand Court the superior court of first instance in the Cayman Islands with unlimited jurisdiction in both criminal and civil matters.
Governor – the representative of the Her Majesty the Queen in the Cayman Islands, who together with Cabinet form the Executive. This representative retains certain special responsibilities regulated by section 55 of the Constitution such as responsibilities for defence, external affairs, internal security and the public service and holds other roles that are set out in the Constitution
Financial Secretary a civil servant who is the chief financial advisor for the government and who reports to the Minister of Finance.
Freedom of Information the right of access to information held by public authorities
Human Rights the fundamental rights and freedoms enshrined in the Bill of Rights, Freedoms and Responsibilities, which are applicable to all persons living in the Cayman Islands.
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Human Rights Commission an institution that supports democracy, which is responsible for promoting understanding and observance of human rights and which is made up of volunteer members appointed by the Governor
Information Commissioner see definition for Ombudsman
Judicature the body responsible for the administration of justice, made up of a hierarchy of courts. These courts are, in order of most junior to most senior, the Summary Court, the Grand Court, the Court of Appeal and the Judicial Committee of the Privy Council
Judicial Committee of the Privy Council –the final court of appeal for the Cayman Islands
Judicial and Legal Services Commission an independent Commission, which advises the Governor on the appointment of senior legal positions These senior legal positions are specified in section 106 of the Constitution and include the Chief Justice and other judges of the Grand Court, the President of the Court of Appeal and other judges of the Court of Appeal, the Attorney General, the Director of Public Prosecutions and Magistrates
Judiciary the branch of government, whose function is to administer the law independently of the Executive and the Legislature
Leader of the Opposition an elected member of Parliament, who is appointed by the Governor in accordance with section 68(2) of the Constitution and who leads the members of Parliament who oppose the government in Parliament.
Legislative Assembly the former name for the legislative branch of government, now known as the Parliament.
Legislature – the branch of government, whose function is to make laws, which is now known as Parliament having previously been referred to as the Legislative Assembly and which is comprised of 19 elected representatives, the Deputy Governor and the Attorney General
Minister of Finance the Minister with responsibility for Finance
Ministers elected members of Parliament, who are appointed and assigned responsibilities by the Governor on the advice of the Premier, who together with the Premier form the political component of Cabinet.
National Security Council a body chaired by the Governor which advises the Governor on internal security issues
Ombudsman a civil servant appointed by the Governor, who reports to Parliament but who is not subject to the direction or control of any other person or authority in the exercise of his/her functions; and who is responsible for investigating complaints about government services and various other functions that support democracy and which are assigned in legislation
Parliament the name for the legislative branch of government
Parliamentary Secretary an elected member of Parliament, appointed by the Governor on the advice of the Premier to provide support and assistance to a Minister.
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Preamble the introduction to the Constitution, which describes the particular history, culture, and values of the Cayman Islands
Premier an elected member of Parliament, who is appointed by the Governor as the leader of the government because he/she is able to command a majority in Parliament
President of the Court of Appeal is the head of the Court of Appeal.
Quorum – the minimum number of members that must be present at a meeting to make the proceedings of that meeting valid, for example, a quorum is specified for Cabinet in section 46(4) of the Constitution and for Parliament in section 74 of the Constitution
Referendum a special vote on an issue of national importance by persons registered to vote (electors), in which the majority of electors can decide on an issue or change a law
Register of Interests a set of declarations made by persons in public life to declare to the Commission for Standards in Public Life what financial commitments they have in order to avoid conflicts of interest
Speaker of Parliament an elected member of Parliament or a member of the general public who is qualified to be elected to Parliament, who is appointed by the Governor to preside in Parliament
Standing Orders rules for the regulation and orderly conduct of the business of the Legislature
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THE STUDENT TEAM
Each student will discuss a part of the Constitution Jamal Powery Alex Smith PART II The Governor PART I Bill of Rights, Freedoms and Responsibilities
Ivanna
Powell Christy McField Aaron Tibbetts Alyssa Scott Page 6 PART III The Executive
PART IV The Legislature Sasha Whittaker Andrew Thompson Travis Watler PART V The Judicature Xavier McLaughlin Cindy Ebanks PART VI The Public Service Page 7
Kaitlyn
Bush John Hernandez PART VII Finance Lucy Bodden PART VIII Institutions Supporting Democracy Madison Coles Page 8
THE PREAMBLE
mutualrespect forall
The beginning of the Constitution, known asthe preamble,sets outthe special history, culture, and values of the Cayman Islands. This preamble speaks to our aim to be, amongst other things, caring, open, tolerant, safe, and protective of all individuals.
Cayman Cayman Caymankind kind kind
Page 9
THIS PART OF THE CONSTITUTION
ALL OF THE RIGHTS, FREEDOMS,
THAT THE
ISLANDS GOVERNMENT HAS
PARTI
Bill of Rights, Freedoms and Responsibilities
NO MATTER WHERE YOU WERE
YOUR
THE RIGHTS AND FREEDOMS THAT WE ALL HAVE ARE
HUMANRIGHTS HUMANRIGHTS
HUMAN RIGHTS IN THE CAYMAN ISLANDS ARE APPLIED VERTICALLY, WHICH MEANS THAT IT ISTHE GOVERNMENT (INCLUDING THE PEOPLE WHO WORK FOR THE GOVERNMENT ) AND ONLY THE GOVERNMENT THAT CAN BE HELD RESPONSIBLE FOR ANY INTERFERENCE WITH YOUR RIGHTS.
WHETHER
THE
OF RIGHTS ALSO SETS OUT THE RESPONSIBILITIES THAT
HAVE TO MAKE SURE YOUR RIGHTS ARE PROTECTED WHILE THEY ARE CONDUCTING
ON BEHALF OF THE GOVERNMENT
OFFICIALS
THESE INCLUDE: THE PREMIER, THE GOVERNOR, MEMBERS OF PARLIAMENT PUBLIC, GOVERNMENTAL OR STATUTORY BODY AND ANY ORGANISATION OR PERSON CARRYING OUT A
FUNCTION OR DUTY TO NAME A FEW
SETS OUT
AND RESPONSIBILITIES
CAYMAN
PROMISED TO PROTECT
CALLED
BORN, WHAT COLOUR
SKIN IS, HOW OLD YOU ARE, OR
YOU ARE A BOY OR A GIRL, THESE RIGHTS BELONG TO YOU.
BILL
PUBLIC OFFICIALS
BUSINESS
PUBLIC
???
PUBLIC
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LLIFE LIFE IFE
A
OF
TORTURE TORTURE TORTURE
MUST
BY
A PRIVATE PERSON (SOMEONE WHO DOES NOT WORK FOR THE GOVERNMENT OR OTHERWISE REPRESENT THE GOVERNMENT IN THE RUNNING OF ITS DAY-TO-DAY AFFAIRS) CANNOT BE HELD RESPONSIBLE FOR TAKING AWAY YOUR RIGHTS, THOUGH THE GOVERNMENT MUST ALSO MAKE AND UPHOLD LAWS TO PROTECT YOU FROM OTHER INDIVIDUALS. IN CAYMAN THE DEATH PENALTY FOR CRIMES HAS BEEN OUTLAWED. THE GOVERNMENT CANNOT TREAT YOU AS A SLAVE UNDER ANY CIRCUMSTANCES; COMPULSORY LABOUR (BEING FORCED TO WORK WITHOUT PAY) IS ALSO GENERALLY PROHIBITED, EXCEPT IN VERY LIMITED CIRCUMSTANCES, INCLUDING WHEN IT IS NECESSARY FOR THE GOOD OF THE PUBLIC AND, EVEN THEN, IT MUST BE ABSOLUTLEY NECESSARY TO DEAL WITH THAT PARTICULAR EMERGENCY SITUATION. THERE ARE
NUMBER
RIGHTS IN OUR CONSTITUTION AND THESE INCLUDE :
EVERYONE’S RIGHT TO LIFE
BE PROTECTED
LAW. THE GOVERNMENT CANNOT KILL ANYONE OR TAKE ANYONE’S LIFE WITHOUT A JUSTIFIED REASON.
&&INHUMAN &INHUMAN INHUMAN TTREATMENT TREATMENT REATMENT SLAVERYOF SLAVERYOF SLAVERYOF FFORCEDOR FORCEDOR ORCEDOR COMPULSORY COMPULSORY COMPULSORY LLABOUR LABOUR ABOUR THE GOVERNMENT IS NOT ALLOWED TO TORTURE YOU OR TO TREAT YOR PUNISH YOU IN AN INHUMAN WAY. Page 11
PERSONAL PERSONAL PERSONAL LLIBERTY LIBERTY IBERTY
FFAIRTRIAL FAIRTRIAL AIRTRIAL
EVERYONE IS ALLOWED (IF BEING JUDGED IN ANY TYPE OF COURT) TO HAVE A CHANCE TO PRESENT THEIR VIEWS IN A WAY THAT IS FAIR, PUBLIC, INDEPENDENT, AND PROTECTS THEIR LEGAL RIGHTS
TREATMENT TREATMENT TREATMENT OOFPRISONERS OFPRISONERS FPRISONERS
PERSONS WHO HAVE BEEN SENT TO PRISON MUST BE TREATED HUMANELY AND PROPERLY, BECAUSE EVEN IF THEY HAVE COMMITTED A CRIME THEY ARE STILL HUMAN BEINGS
THE GOVERNMENT HAS TO RESPECT YOUR PRIVACY AND FAMILY LIFE, YOUR HOME, AND YOUR MAIL AND MESSAGES, SUBJECT TO CERTAIN SPECIFIED CIRCUMSTANCES IN WHICH THE GOVERNMENT MAY BE PERMITTED TO INTERFERE WITH THESE RIGHTS IN THESE CIRCUMSTANCES, THE GOVERNMENT MUST HAVE A LAWFUL REASON TO ENTER YOUR HOME, SEPARATE YOU FROM YOUR FAMILY, OR READ YOUR MAIL.
FAIR
PRIVATE PRIVATE PRIVATE AANDFAMILY ANDFAMILY NDFAMILY LLIFE LIFE IFE
NOPUNISHMENT NOPUNISHMENT NOPUNISHMENT
THE GOVERNMENT IS NOT ALLOWED TO PUNISH PEOPLE FOR THINGS THAT ARE NOT DEFINED AS CRIMES, NOR CAN ANY PUNISHMENT LAST LONGER THAN THE LAW SAYS.
CONSCIENCE CONSCIENCE CONSCIENCE ANDRELIGION ANDRELIGION ANDRELIGION
WE ARE ALL FREE TO BELIEVE WHATEVER WE WANT AND TO PRACTICE ANY OF OUR RELIGIOUS BELIEFS, OR PRACTICE OUR BELIEF IN NO RELIGION AT ALL, AS LONG AS THESE BELIEFS DO NOT HARM OTHERS OR CAUSE SIGNIFICANT PROBLEMS IN OUR COMMUNITIES
THE GOVERNMENT CANNOT HOLD SOMEONE AGAINST THEIR WILL OR SEND THEM TO PRISON WITHOUT A OFAIR R LEGAL REASON.
WITHOUTLAW WITHOUTLAW WITHOUTLAW
WITHOUT Page 12
YOU ARE ALLOWED TO SAY WHAT YOU WANT AS LONG AS YOU DO NOT HARM OTHERS OR CREATE PROBLEMS IN OUR COMMUNITY. THIS IS AN IMPORTANT RIGHT IN THE CONTEXT OF OUR DEMOCRATIC GOVERNMENT AND, LIKE THE RIGHT TO PRIVATE AND FAMILY LIFE AND THE RIGHT TO ASSEMBLY AND ASSOCIATION, WHERE SOME LIMITED INTERFERENCES BY THE GOVERNMENT MAY BE PERMITTED, THESE MUST BE PRESCRIBED IN LAW AND JUSTIFIABLE
YOU ARE ALLOWED TO HANG OUT WITH YOUR FRIENDS IN PUBLIC OR FORM A GROUP BUT YOU CANNOT HARM OTHERS OR CAUSE PROBLEMS IN OUR COMMUNITY WHILE DOING SO.
IF YOU ARE 16 YEARS OLD YOUR ABILITY TO MARRY SOMEONE OF THE OPPOSITE
AS LONG AS YOU ARE NOT UNDER CONTROL OF THE GOVERNMENT (E G IMMIGRATION, POLICE, ETC.) YOU ARE ALLOWED TO MOVE THROUGHOUT OUR ISLANDS AND LEAVE THE COUNTRY AS YOU CHOOSE.
YOU ARE ALLOWED TO ENJOY THE THINGS THAT BELONG TO YOU. THE GOVERNMENT CANNOT TAKE ANY OF THESE THINGS AWAY FROM YOU UNLESS THE LAW ALLOWS THEM TO DO SO AND IN WHICH CASE THE GOVERNMENT MUST PROMPTLY PAY COMPENSATION, WHICH IS SUFFICIENT IN THE CIRCUMSTANCES
SEX IS PROTECTED BY THE CONSTITUTION YOU DO NOT HAVE TO GET MARRIED, BUT IF YOU DO, YOU AND YOUR SPOUSE WILL BE CONSIDERED EQUAL AND HAVE THE SAME RIGHTS AND RESPONSIBILITIES IN RESPECT OF ONE ANOTHER, AS WELL AS ANY CHILDREN YOU MAY HAVE EXPRESSION EXPRESSION EXPRESSION NONNONNONDISCRIMINATION DISCRIMINATION DISCRIMINATION PROPERTY PROPERTY PROPERTY ASSEMBLYAND ASSEMBLYAND ASSEMBLYAND ASSOCIATION ASSOCIATION ASSOCIATION MOVEMENT MOVEMENT MOVEMENT MARRIAGE MARRIAGE MARRIAGE A CIVIL PARTNERSHIP ACT HAS BEEN ENACTED IN THE CAYMAN ISLANDS, WHICH PROVIDES FOR AN EQUIVALENT TO MARRIAGE FOR PERSONS OF THE SAME SEX THE GOVERNMENT IS NOT ALLOWED TO TREAT YOU DIFFERENTLY THAN SOMEONE ELSE IN THE SAME SITUATION AS YOU, AS IT RELATES TO ANY OF YOUR RIGHTS, WITHOUT A GOOD REASON. THOSE SITUATIONS INCLUDE YOUR SEX, RACE, COLOUR, LANGUAGE, RELIGION, POLITICAL OR OTHER OPINION, NATIONAL OR SOCIAL ORIGIN, ASSOCIATION WITH A NATIONAL MINORITY, AGE, MENTAL OR PHYSICAL DISABILITY, PROPERTY, BIRTH OR OTHER STATUS Page 13
UNTIL YOU TURN 18 YOU ARE STILL CONSIDERED A CHILD IN THE CAYMAN ISLANDS. IT IS THE GOVERNMENT ’S DUTY TO MAKE SURE YOU ARE ALWAYS PROTECTED
PROTECTIONOF PROTECTIONOF PROTECTIONOF THE THE THE ENVIRONMENT ENVIRONMENT ENVIRONMENT
WHEN MAKING DECISIONS, THE GOVERNMENT MUST MAKE SURE THAT THEY CONSIDER THE IMPACT THOSE DECISIONS WILL HAVE ON OUR ENVIRONMENT THEY SHOULD ALSO COMMIT TO ACTIONS AND PLANS TO PRESERVE THE HERITAGE, WILDLIFE AND BIODIVERSITY OF OUR ISLANDS, BOTH FOR US, AND THOSE WHO COME AFTER US
LLAWFUL LAWFUL AWFUL ADMINISTRATIVE ADMINISTRATIVE ADMINISTRATIVE ACTION ACTION
EVERYONE WHO WORKS FOR THE GOVERNMENT MUST ENSURE THAT THEY MAKE DECISIONS AND ACT IN A MANNER THAT FOLLOWS THE LAW AND IS ALSO RATIONAL, PROPORTIONATE AND PROCEDURALLY FAIR
IF YOU THINK A DECISION OR ACT HAS HAD A NEGATIVE IMPACT ON YOU, YOU CAN ASK TO BE GIVEN A REASON IN WRITING EXPLAINING WHY A PARTICULAR DECISION OR ACT WAS MADE
EDUCATION EDUCATION EDUCATION
THE GOVERNMENT IS REQUIRED TO WORK TOWARDS MAKING PUBLIC PRIMARY AND SECONDARY EDUCATION FREE FOR ALL INDIVIDUALS BUT PARENTS OR GUARDIANS CAN STILL SEND A CHILD TO PRIVATE SCHOOL AT THEIR EXPENSE IF THEY WISH
THERE ARE OTHER PROVISIONS IN THE BILL OF RIGHTS, WHICH APPLY IN CASES OF NATIONAL EMERGENCIES, OR WHERE A LAW CONFLICTS WITH THE CONSTITUTION. IN ADDITION, THE BILL OF RIGHTS ALLOWS FOR YOUR RIGHTS TO BE UPHELD AND FOR YOU TO BE AWARDED A SOLUTION BY THE COURTS, IF APPROPRIATE.
PROTECTION PROTECTION PROTECTION OFCHILDREN OFCHILDREN OFCHILDREN
Under Page 14
THE PREAMBLE & PART I - THE BILL OF RIGHTS , FREEDOMS, & RESPONSIBILITIES
READ THE STATEMENTS BELOW AND DETERMINE IF THEY ARE TRUE OR FALSE
The beginning of the Constitution is known as or called True 1False the preamble
The preamble sets out the special history, culture, and True False values of the Cayman Islands
Part I of the Constitution sets out all the rights, freedoms, True False and responsibilities that the Cayman Islands Government has promised to protect
Human rights in the Cayman Islands can be applied to a True False private person or
The following are all rights under the Bill of Rights True False Freedoms and Responsibilities: (1) Life, (2) Torture & inhuman Treatment, (3) Slavery of Forced or Compulsory Labour, (4) Personal Liberty, (5) Treatment of Prisoners, (6) Fair Trial, (7) No Punishment without Law, (8) Private and Family Life, (9)Conscience and Religion, (10) Expression, (11) Assembly and Association, (12) Movement, (13) Marriage, (14) Property, (15) Non Discrimination, (16) Protection of Children, (17) Protection of Environment, (18) Lawful Administrative Action, (19) Education
We are all free to believe whatever we want and to True False practice any of our religious beliefs, or practice our belief in no religion at all, even if it may harm others or cause significant problems in our community
2
3
4
business 5
6
QUIZ
Page 15
THE PREAMBLE & PART I (CONTINUED)
TRUE OR FALSE
7 The Government is allowed to treat you differently than True False someone else based on situations that include your sex, race, colour, language, religion, political or other opinion, national or social origin, association with a national minority, age, mental or physical disability, property, birth or other status
8 Until you turn 18 you are still considered a child in the True False Cayman Islands and the Government has the duty to make sure you are always protected
9 The Government does not have to consider the impact True False their decisions will have on our environment Nor is it responsible for actions and plans to preserve the heritage, wildlife and biodiversity of our Islands
10 The Government is required to work towards making True False public primary and secondary education free for every child
QUIZ
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PARTII
THE CAYMAN ISLANDS IS A UNITED KINGDOM OVERSEAS TERRITORY, WHICH MEANS, AMONG OTHER THINGS, A REPRESENTATIVE OF THE QUEEN IS SENT BY THE UNITED KINGDOM TO BE OUR GOVERNOR THE GOVERNOR HAS AN IMPORTANT ROLE IN THE FORMATION OF OUR GOVERNMENT, INCLUDING THE APPOINTMENT OF THE PREMIER IN ACCORDANCE WITH THE RULES ESTABLISHED IN THE CONSTITUTION AND, FOLLOWING THE ADVICE OF THE PREMIER, IN THE ASSIGNMENT OF WORK TOPICS, LIKE HEALTH OR EDUCATION, TO PARTICULAR GOVERNMENT MINISTERS. NationalSecurity Council OUR GOVERNOR HAS A DEPUTY WHO MUST BE A CAYMANIAN WITH LOTS OF EXPERIENCE WORKING AT A HIGH LEVEL IN GOVERNMENT THE DEPUTY GOVERNOR IS ALSO APPOINTED BY HER MAJESTY
The Governor ENSURING THE SECURITY OF OUR ISLANDS IS ALSO A RESPONSIBILITY OUR GOVERNOR HAS – BOTH FOR ONSHORE AND OFFSHORE SECURITY. THIS INCLUDES WORKING WITH THE GOVERNMENT'’S CABINET AND DEVELOPING AND MAINTAINING RELATIONSHIPS WITH OTHER COUNTRIES. WHEN THE GOVERNOR IS AWAY, OR ON VACATION, THE DEPUTY GOVERNOR BECOMES THE ACTING GOVERNOR, AND A CHIEF OFFICER FROM A GOVERNMENT MINISTRY OR PORTFOLIO BECOMES THE DEPUTY GOVERNOR SO THAT THESE IMPORTANT JOBS ARE NOT LEFT EMPTY
THEROLEOFGOVERNOR THEROLEOFGOVERNOR
Governor TheGovernor Formationof theGovernment ThePremier
The Governor The DeputyGovernor PoliceService Commission THE GOVERNOR CHAIRS THE NATIONAL SECURITY COUNCIL AND ITS MEMBERS PROVIDE ADVICE ON SECURITY MATTERS INSIDE OUR TERRITORY TO THE GOVERNOR THE POLICE SERVICE COMMISSION IS ALSO CHAIRED BY THE GOVERNOR AND THE MEMBERS OF THIS COMMISSION ADVISE THE GOVERNOR ON APPOINTMENTS TO THE POLICE FORCE AND ON DISCIPLINARY MATTERS INVOLVING POLICE OFFICERS Page 17
PART II - THE GOVERNOR
FILL IN THE BLANK: CHOOSE THE APPROPRIATE WORD FROM THE WORD BANK TO COMPLETE THE SENTENCES BELOW.
ONSHORE REPRESENTATIVE
CHAIRED GOVERNOR CHIEF
MAJESTY OFFSHORE CAYMANIAN APPOINTMENTS DISCIPLINARY
WORD BANK : PREMIER
GOVERNMENT CABINET
OFFICER
GOVERNMENT MINISTER 1 The Governor is a ______________ of the Queen sent by the United Kingdom 2 In accordance with the rules established in the Constitution the Governor appoints the 3 Work topics/portfolios such as health or education are assigned to by the Governor following advice of the Premier 4 The Governor works with ___________ ___________ to ensure the security of our islands by maintaining and developing relationships with other countries 5 The Governor has responsibility for security both for and ____________ 6 The National Security Council is by the Governor to whom the members provide advice on security matters inside our territory QUIZ
Page 18
PART II - THE GOVERNOR (CONTINUED)
IN THE BLANK: CHOOSE THE APPROPRIATE WORD FROM THE WORD BANK TO COMPLETE THE SENTENCES BELOW.
ONSHORE
REPRESENTATIVE
CHAIRED GOVERNOR CHIEF
MAJESTY OFFSHORE CAYMANIAN APPOINTMENTS DISCIPLINARY GOVERNMENT
FILL
WORD BANK : PREMIER
GOVERNMENT CABINET
OFFICER
MINISTER 7 The Police Service Commission is also chaired by the Governor and the members, advise the Governor on _____________ to the police force on _________ matters involving the police force 8 The Deputy Governor must be a _____________ with lots of experience working at a high level in Government and is also appointed by Her __________ 9 The Deputy Governor becomes the Acting when the Governor is away or is on vacation 10 A ___________ ____________ from a Government Ministry or Portfolio becomes the Deputy Governor when the Deputy Governor is acting as Governor QUIZ
Page 19
THE BODY REFERRED TO AS THE CABINET IS RESPONSIBLE FOR THE DAY TO DAY RUNNING OF OUR GOVERNMENT.
PARTIII
The Executive
THE CABINET IS MADE UP OF THE PREMIER AND A NUMBER OF OTHER MINISTERS, WHICH IS PRESENTLY SEVEN, AND THERE IS PROVISION IN THE CONSTITUTION TO ENSURE THAT THE SIZE OF CABINET DOES NOT EXCEED A CERTAIN PROPORTION OF THE PERSONS ELECTED TO THE LEGISLATURE. IN ADDITION, THE DEPUTY GOVERNOR AND THE ATTORNEY GENERAL ARE NON-VOTING MEMBERS OF THE CABINET. THE GOVERNOR USUALLY ATTENDS AND PRESIDES AT MEETING OF CABINET, BUT IS NOT TECHNICALLY A MEMBER OF CABINET.
OUR CABINET MEMBERS CREATE GOVERNMENT POLICIES IN AREAS INCLUDING BUT NOT LIMITED TO HEALTH, CULTURE, SPORTS, THE ENVIRONMENT AND EDUCATION THESE AREAS, SOME OF WHICH MAY BE COMBINED, ARE KNOWN AS PORTFOLIOS. EACH PORTFOLIO IS ASSIGNED TO A DIFFERENT CABINET MEMBER BY THE GOVERNOR ON THE ADVICE OF THE PREMIER THE CABINET MEETS REGULARLY AND, IN ADDITION TO THE MEMBERS, OTHER PERSONS MAY BE INVITED TO ATTEND IN ORDER TO ASSIST WITH THE WORK OF CABINET
CABINET CABINET
MEMBERS OF PARLIAMENT (MPS) (FORMERLY MEMBERS OF THE LEGISLATIVE ASSEMBLY OR MLAS) WHO ARE NOT CABINET MEMBERS CAN ALSO ATTEND SPECIAL MEETINGS OF THE CABINET ONCE EVERY THREE MONTHS IN ORDER TO REPRESENT THEIR PARTICULAR DISTRICT AND TO MAKE REPRESENTATIONS IN CONNECTION WITH THE PLANNING AND PREPARATION OF THE BUDGET
TGovernmentMinisters he Premier
The DeputyGovernor The Attorney General
Ministry of Education Ministry
of
Health
MPs Special
CabinetMeetings
DistrictMatters
Budget Etc.
MeetingAgenda
Cabinet
Page 20
THE CABINET SECRETARY, WHO MUST ALSO BE A CAYMANIAN, IS RESPONSIBLE FOR THE ORGANISATION AND MANAGEMENT OF THE CABINET OFFICE.
OUR PREMIER IS THE LEADER OF THE GOVERNMENT. THE GOVERNOR APPOINTS THE PREMIER. THIS PROCESS IS RELATIVELY STRAIGHTFORWARD WHERE ONE PARTY HAS A MAJORITY OF THE MPS. IN THIS CASE, THE LEADER OF THAT PARTY IS APPOINTED AS PREMIER. WHERE NO PARTY GAINS A MAJORITY, A VOTE IS HELD IN PARLIAMENT TO ESTABLISH WHO CAN CONTROL A MAJORITY OF MPS. ALL MPS VOTE AND THE GOVERNOR WILL THEN APPOINT AS PREMIER THE MP WHO HAS THE MAJORITY OF THE VOTES OF THE MPS.
OTHER OTHER OTHER RESPONSIBILITIES RESPONSIBILITIES RESPONSIBILITIES
inPublic Emergencies
OUR MINISTERS ARE APPOINTED BY THE GOVERNOR WITH ADVICE FROM THE PREMIER ONE OF THESE MINISTERS IS ALSO APPOINTED AS THE DEPUTY PREMIER. A MINISTER IS USUALLY APPOINTED FOR THE AMOUNT OF TIME THAT HE OR SHE WAS ELECTED TO PARLIAMENT, ALTHOUGH THE GOVERNOR CAN APPOINT ANOTHER MP TO CARRY OUT TASKS IN HIS OR HER PLACE IF NECESSARY.
SECRETARIES ARE
BY THE GOVERNOR ON ADVICE BY
PREMIER A
SECRETARY
SELECTED BY THE PREMIER FROM AMONG
MPS THAT SUPPORT THE
AS DIRECTED
TO
OUR PREMIER CAN ONLY HOLD OFFICE FOR A MAXIMUM OF EIGHT YEARS (OR TWO CONSECUTIVE FOUR-YEAR TERMS), ALTHOUGH A FORMER PREMIER WHO HAS SERVED IN THIS POSITION FOR EIGHT CONSECUTIVE YEARS CAN BECOME PREMIER AGAIN AFTER A GAP OF ONE FOUR-YEAR TERM. THE PREMIER HAS LOTS OF ADDITIONAL RESPONSIBILITIES BESIDES THE SUBJECT MATTERS THAT ARE ASSIGNED BY THE GOVERNOR. THESE ADDITIONAL RESPONSIBILITIES INCLUDE ASSISTING THE GOVERNOR DURING PUBLIC EMERGENCIES, APPOINTING PERSONS TO VARIOUS BOARDS AND COMMISSIONS AND PUBLIC OFFICES, AND ADVISING THE GOVERNOR ON DIFFERENT TOPICS DURING CABINET MEETINGS.
The Governor
The Governor
THE ATTORNEY GENERAL AND THE DIRECTOR OF PUBLIC PROSECUTIONS ARE BOTH CHOSEN BY THE GOVERNOR ON THE ADVICE OF THE JUDICIAL AND LEGAL SERVICES COMMISSION THE ATTORNEY GENERAL IS THE PRINCIPAL LEGAL OFFICER WHO GIVES ADVICE TO THE CABINET AND PARLIAMENT ON LEGAL ISSUES BUT DOES NOT VOTE AT EITHER MEETING THE DIRECTOR OF PUBLIC PROSECUTIONS IS THE PRINCIPAL LEGAL OFFICER RESPONSIBLE FOR PROSECUTING CRIMINAL OFFENCES BEFORE THE COURTS IN THE CAYMAN ISLANDS
Premier
CabinetSecretary
The Premier Majorityof Members ofParliament
8YEARS MAX. Appointingpersonsto variousBoardsand Commissionsegthe Constitutional Commission Advisingthe Governor ondifferent topics during Cabinet meetings
The
Governor Government
Ministers
Premier advice
The
Attorney General TheDirectorof Public Prosecutions
TheJudicialandLegalServices
Commission advice Government
Ministers Parliamentary Secretary
OUR PARLIAMENTARY
APPOINTED
THE
PARLIAMENTARY
IS
THE ELECTED
GOVERNMENT TO PROVIDE ASSISTANCE
THE MINISTERS
Page 21
QUIZ
PART III - THE EXECUTIVE
MULTIPLE CHOICE: THIS SECTION IS A MULTIPLE-CHOICE QUIZ WITH FOUR ANSWER CHOICES. READ EACH QUESTION AND ANSWER CHOICE CAREFULLY AND CHOOSE THE ONE BEST ANSWER.
1 What is the body that is responsible for the day to day running of our Government? a b c d
Parliament Civil Service Cabinet Caucus
2 Cabinet is made up of which group of people?
The Governor, the Premier, and the Attorney General
The Governor, the Deputy Governor, the Premier, and the Leader of the Opposition
c The Governor, the Deputy Governor, and the Premier
The Premier, the Government Ministers, the Deputy Governor, and the Attorney General
3 Various Cabinet Members are assigned a portfolio by whom?
The Governor and Deputy Governor
The Governor on advice of the Premier
The Deputy Governor on advice of the Premier
The Governor on advice from the Attorney General
Members of Parliament (MPs) were formerly known as?
Members of the House
Members of the Country
Members of the Legislative Assembly (MLAs)
Members of Cabinet
5 MPs who are not Cabinet Members can also attend special meeting of Cabinet once every to represent their particular district and in connection with budgetary planning and preparation
Year
6 months
9 months
3 months
a
b
d
a
b
c
d
4
a
b
c
d
a
b
c
d
Page 22
QUIZ
PART III - THE EXECUTIVE (CONTINUED)
MULTIPLE CHOICE
What is the title of the individual that is responsible for the organisation and management of the Cabinet Office ?
Parliament Secretary
Cabinet Officer
Cabinet Secretary
Cabinet Member
The leader of the Government is the Premier The Premier is appointed by whom?
Her Majesty the Queen
The Governor
The Deputy Premier
The Leader of the Opposition
Which group of individuals provides approval on the Premier?
The majority of the official Opposition
The majority of the MPs of the largest elected party
The majority of the Members of Parliament
The majority of Cabinet
The Premier can only hold office for how many years?
A maximum of 8 years
maximum of 4 years
Two consecutive four year terms
A&C
What are the Premier's
Overseeing subject matters assigned by the Governor and; advising the Governor
different topics during Cabinet meetings
Appointing persons to various Boards and Commissions and public offices
Assisting the Governor during public emergencies
All of the above
Our Ministers are appointed by upon advice from
The Governor, the Deputy Governor
The Premier, the Governor
The Governor, the Premier
The Governor, the Attorney General
6
a
b
c
d
7
a
b
c
d
8
a
b
c
d
9
a
b A
c
d
10
responsibilities? a
on
b
c
d
11
the______________ ? a
b
c
d
Page 23
QUIZ
PART III - THE EXECUTIVE (CONTINUED)
MULTIPLE CHOICE
12 One of the Ministers is appointed to which senior position ?
The Deputy Governor
The Deputy Premier
The Premier
The Governor
13 Which advisory Group, Board, or Commission advises the Governor on the appointment of the Attorney General and the Director of Public Prosecutions?
The Cayman Islands Law Society
Cayman Islands Legal Practitioners Association
The Judicial and Legal Services Commission
Commission for Standards in Public Life
14 What is the title of the principal legal officer who gives advice to the Cabinet and Parliament on legal issues?
The Chief Justice
The Attorney General
The Director of Public Prosecutions
The Cabinet Secretary
15 What is the title of the principal legal officer responsible for prosecuting criminal offences before the courts in the Cayman Islands?
a The Prinicipal of the Court of Appeal
The Chief Justice
The Director of Public Prosecutions
The Attorney General
16 Our Parliamentary Secretaries are appointed by the Governor on advice by the Premier A Parliamentary Secretary is selected from among the elected members of Parliament to provide assistance to which individuals?
The Ministers
The Premier
The Governor
The Speaker of Parliament
a
b
c
d
a
b
c
d
a
b
c
d
b
c
d
a
b
c
d
Page 24
IN ORDER TO BE
OR
AS
YOU
BE
THE LEGISLATURE, WHICH WAS PREVIOUSLY REFERRED TO AS THE LEGISLATIVE ASSEMBLY IN THE CONSTITUTION, IS NOW THE PARLIAMENT OF THE CAYMAN ISLANDS FOLLOWING A CONSTITUTIONAL AMENDMENT IN 2020. THE LEGISLATURE IS CURRENTLY MADE UP OF 19 ELECTED OFFICIALS, PLUS THE DEPUTY GOVERNOR AND THE ATTORNEY GENERAL (NEITHER OF WHOM VOTE). THE LEGISLATURE PASSES LAWS TO ENSURE WE LIVE PEACEFULLY, ORDERLY, AND OUR GOVERNMENT RUNS PROPERLY. OUR GOVERNOR AGREES TO THESE LAWS ON BEHALF OF
IS 21
OF
AND
OF
(UNLESS YOU HAVE
AT THE DOCTOR’S OR, IN SOME CASES, WORKING IN CERTAIN
ON WHETHER YOU WERE BORN
OR
THE
WHETHER YOU HAVE A
HAVE ANY OTHER
ELECTED
AN MP,
MUST
A CAYMANIAN WHO
YEARS
AGE
OLDER
LEGALLY LIVING IN THE CAYMAN ISLANDS FOR CERTAIN PERIODS
TIME
BEEN OVERSEAS IN SCHOOL,
JOBS).
RULES ALSO DEPEND
INSIDE
OUTSIDE OF THE CAYMAN ISLANDS AND
CAYMANIAN PARENT OR GRANDPARENT AND ALSO WHETHER YOU
CITIZENSHIP.
HER MAJESTY. YOU CANNOT BE ELECTED TO PARLIAMENT IF YOU WORK FOR THE GOVERNMENT, ARE FOUND TO HAVE AN UNSTABLE MIND, OR ARE SERVING (OR HAVE SERVED) A PRISON SENTENCE OF 12 MONTHS OR MORE, AMONGST OTHER REASONS IF THERE IS A QUESTION ABOUT WHETHER SOMEONE CAN BE ELECTED, THIS CAN BE REFERRED TO THE COURTS TO DECIDE AN ELECTED MEMBER USUALLY SITS FOR THE ENTIRE TERM THEY ARE ELECTED (USUALLY 4 YEARS) BUT MUST LEAVE HIS OR HER OFFICE IF PARLIAMENT IS NO LONGER FUNCTIONING DURING HIS/HER TERM, HE/SHE IS ABSENT FROM MEETINGS FOR PERIODS OF TIME AGREED BY PARLIAMENT, OR HE/SHE IS NO LONGER A CAYMANIAN, AMONGST OTHER REASONS. PARTIV The Legislature ELECTED EMEMBER LECTED MEMBER CRITERIA CRITERIA TheAttorney General TheDeputy Governor ElectedOfficialsakaMembersofParliament THE LEGISLATURETHE LEGISLATURE Caymanian 21yearofage orolder Legallylivinginthe CaymanIslands foracertainperiodoftime Unlessyouhavebeen overseasinschool,at thedoctorsetc. Rulesalsodependon whetheryouwereborn insideoroutsidetheIslands. Andwhetheryouhavea Caymanianparentor grandparent Cannotworkforthe Government Elected Emember lected Emember lected member restrictions restrictions Arefoundtohave anunstablemind Areservingorhave servedaprisonsentence of12monthsormore Usuallysitfortheentire electedterm(4years) Mustleavehisorheroffice ifParliamentisnolonger functioning Mustleavehisorheroffice ifParliamentifabsentfrom meetingsforperiodsof time Mustleaveofficein Parliamentifhe/she isno nolongerCaymanian ElectedMember aka MP Elected Emember lected Emember lected member term tsitting erm tsitting erm sitting requirements requirements Page 25
THEGOVERNORCHOOSESTHELEADEROFTHEOPPOSITIONASTHEMPRECOMMENDED BYTHEMAJORITYOFTHEMPSTHATFORMTHELARGESTOPPOSITIONPOLITICALPARTY;OR IF NO SUCH PARTY EXISTS, FROM THE MAJORITY OF MPS IN OPPOSITION TO THE GOVERNMENT IF THE OPPOSITION CANNOT AGREE ON A LEADER, THE GOVERNOR HAS THE POWER TO CHOOSE SOMEONE WHO HE/SHE FEELS IS THE BEST PERSON FOR THE JOB THELEADEROFTHEOPPOSITIONTHENRECOMMENDSADEPUTYLEADEROFTHE OPPOSITION TO BE SELECTED BY THE GOVERNOR WHO CAN PERFORM THE LEADER OF THE OPPOSITION’SJOBINHIS/HERABSENCE. Whoiseligible Whoiseligible tovote? tovote? tovote? YOU CANNOT VOTE IF AT THE TIME OF THE ELECTION YOU ARE SERVING A PRISON SENTENCE OF 12 MONTHS OR LONGER, OR YOU ARE FOUND TO HAVE AN UNSTABLE MIND, AMONGST OTHER REASONS. YOU MAY VOTE IN ONE ELECTORAL DISTRICT TO ELECT YOUR MP IF YOU ARE A CAYMANIAN WHO IS 18 YEARS OF AGE OR OLDER AND HAVE BEEN LIVING IN THE CAYMAN ISLANDS FOR AT LEAST TWO YEARS OUT OF THE FOUR YEARS BEFORE YOU REGISTERED. WHEN WE WANT TO MAKE A CHANGE OF NATIONAL IMPORTANCE, ONE WAY THAT THIS CAN BE ACHIEVED IS THROUGH A REFERENDUM REFERENDUMS ARE ALSO KNOWN AS SPECIAL VOTES, IN WHICH THE MAJORITY OF PEOPLE ELIGIBLE TO VOTE (ELECTORS) GET TO DECIDE ON WHETHER AN ISSUE OR LAW SHOULD BE CHANGED THERE ARE DIFFERENT TYPES OF REFERENDUMS AND DIFFERENT WAYS FOR THEM TO TAKE EFFECT THE LEADER OF THE OPPOSITION HAS MANY FUNCTIONS, BOTH WITHIN PARLIAMENT AND FOR OTHER PUBLIC ORGANISATIONS FOR EXAMPLE, HE/SHE ALSO HELPS ADVISE THE GOVERNOR ON VARIOUS APPOINTMENTS AND IS A MEMBER OF THE NATIONAL SECURITY COUNCIL ONCE AN ELECTION HAS BEEN HELD, THE ELECTED MEMBERS VOTE TO ELECT A SPEAKER TO SUPERVISE THE LEGISLATURE (WHO MAY BE ONE OF THE ELECTED MEMBERS OR SOMEONE WHO WAS ELIGIBLE TO BE ELECTED) AND A DEPUTY SPEAKER (WHO MUST BE ONE OF THE ELECTED OFFICIALS) TO DO THE SPEAKER’S JOB IN HIS/HER ABSENCE. ElectedOfficials aka MPs Havebeenlivinginthe CaymanIslandsforatleast 2yearsoutofthe4years beforeyouregistered THERE IS AN ELECTIONS ACT, WHICH FURTHER PROTECTS YOUR RIGHT TO VOTE AND ENSURES OUR ELECTIONS ARE FREE FROM CORRUPTION AND UNFAIRNESS. Speaker & DeputySpeakerofParliament MajorityoftheMPs inOpposition totheGovernment THELEADEROFTHE THELEADEROFTHE OPPOSITION RESPONSIBILITIES RESPONSIBILITIES AdviseonAppointingpersons tovariousBoard CouncilsandCommissions egtheNationalSecurityCouncil &ConstitutionalCommission Caymanianwhois18 years ofageorolder Elections Act The Governor TheLeader oftheOpposition TheDeputyLeader oftheOpposition or or or MajorityoftheMPs TheLeader oftheOpposition The Governor TheDeputyLeader oftheOpposition TheLeader oftheOpposition Parliament REFERENDUMS aka SPECIALVOTES ELECTORS (REGISTEREDVOTERS) Law DECIDEONWHETHERANISSUE ORLAWSHOULDBECHANGED THECHANGEOFLAWORANIMPORTANT ISSUEISDONEBY REFERENDUM(SPECIALVOTES) Page 26
THE LEGISLATURE IS GUIDED BY ITS STANDING ORDERS, OR POLICIES AND PROCEDURES, DETAILING HOW ITS BUSINESS SHOULD BE HANDLED. THESE STANDING ORDERS COVER TOPICS INCLUDING THE ESTABLISHMENT OF SPECIAL COMMITTEES TO HANDLE SPECIFIC BUSINESS, LIKE FINANCE COMMITTEE. IF NO POLICY ALREADY EXISTS THEN THE LEGISLATURE ACTS IN A SIMILAR WAY TO THE HOUSE OF COMMONS IN THE UNITED KINGDOM WOULD IN THAT SITUATION.
FOLLOWING A GENERAL ELECTION THE LEGISLATURE BEGINS A NEW SESSION. AT THE END OF THE
YEAR
CAN TAKE PLACE.
THE GOVERNOR DISSOLVES THE LEGISLATURE, SO THAT A NEW GENERAL
a
The Legislature starts
new session Years WITHIN TWO MONTHS OF THE GOVERNOR DISSOLVING THE LEGISLATURE, GENERAL ELECTIONS MUST BE HELD IF AN MP LEAVES THEIR SEAT DURING THE FOUR YEAR TERM, THERE WOULD NEED TO BE A BY ELECTION (SPECIAL ELECTION) WITHIN TWO MONTHS OF THAT PERSON LEAVING EVERY EIGHT YEARS AN ELECTORAL BOUNDARIES COMMISSION IS SELECTED TO REVIEW THE BOUNDARIES OR BORDERS OF THE ELECTORAL DISTRICTS AND THE NUMBER OF ELECTED OFFICIALS OF EACH VOTING AREA, AND MAKES RECOMMENDATIONS FOR ANY CHANGES. ELECTORALBOUNDARIES COMMISSION Years
FOUR
TERM,
ELECTION
Years
TheGovernor
Dissolves the Legislature GeneralElection WITHIN2MONTHS GENERALELECTIONSAREHELD STANDING ORDERS ORDERS POLICIES& PPOLICIES& PROCEDURES PROCEDURES ROCEDURES TheGovernor Dissolvesthe Legislature MONTHS GENERALELECTION IFANELECTEDMEMBERAKA MPLEAVESTHEIRSEATDURINGTHE4YEARTERM BYELECTION(SPECIAL ELECTION)WITHIN2MONTHS BY-ELECTION MONTHS SpecialCommittee REVIEWELECTORALDISTRICTS& NUMBEROFELECTEDOFFICIALS Selectedevery Membersof Parliament Page 27
PART IV - THE LEGISLATURE
QUIZ:
THE CORRECT
STATEMENTS IN COLUMN
WRITE ONLY THE
FROM COLUMN B WITH
OF THE
IN THE BOX PROVIDED ON THE LEFT SIDE OF COLUMN A.
Column a. Column b.
MATCHING
MATCH
ANSWER/RESPONSE
THE
A.
LETTER
ANSWER/RESPONSE
QUIZ
1 The Legislature, which was previously referred to as the Legislative Assembly in the Constitution, following a constitutional amendment in 2020 is now the a 8 years 2 In order to be elected as an MP, you must_____________ b work for the Government, are found to have an unstable mind or are serving (or have served) a prison sentence of 12 months or more, amongst other reasons 3 The Legislature is currently made up of elected officials plus two nonvoting members which are the and the c 2 months 4 At the end of the four year term, the Governor dissolves the ______________/, so that a new general election can take place d Parliament is no longer functioning during his/her term, he/she is absent from meetings for periods of time agreed by Parliament, or he/she is no longer a Caymanian, amongst other reasons 5 The protects your right to vote and ensures our elections are free from corruption and unfairness e be a Caymanian who is 2 years of age or older and legally living in the Cayman Islands for certain periods of time (unless you have been overseas in school at the doctors or, in some cases, working in certain jobs) 6 The Speaker is elected by the elected members once an election has been held The Speaker is elected to f Governor, by the majority of the MPs that form the largest opposition political party or from the majority of MPs in opposition to the Government 7 You must be a Caymanian who is 18 years of age or older and have been living in the Cayman Islands for at least two years out of the four years before you registered in order to g Legislature Page 28
- THE LEGISLATURE (CONTINUED)
MATCHING QUIZ QUIZ PART IV
Column a. Column b. 8 The Leader of the Opposition is chosen by the on the recommendation of h supervise the Legislature 9 An elected member usually sits for the entire term they are elected (usually 4 years) but must leave his or her office if , ____________, __________, or 10 When we want to make a change of national importance one way that this can be achieved is through a j The Leader of the Opposition 111. The Deputy Leader of the Opposition to be selected by the Governor who can perform the Leader of Opposition's job in his/her absence on recommendation by k vote in one electoral district to elect our officials 12. If at the time of the election you are serving a prison sentence of 12 months or longer, or you are found to have an unstable mind, amongst other reason, you l. standing orders, policies and procedures 13 Referendums are known as in which the majority of people eligible to vote (electors) get to decide on whether an issue or law should be changed m. by-election 14 The Legislature is guided by ________, or __________ and _______ detailing how its business should be handled n referendum i Elections Act Page 29
THE LEGISLATURE
MATCHING QUIZ QUIZ PART IV -
(CONTINUED) Column a. Column b. 15 If an MP leaves their seat during the four year term, there would need to be a (special election) within two months of that person leaving o special votes 16 You cannot be elected to Parliament if you , , , 17 Standing orders cover topics including the ___________ to handle specific business like finance committee q cannot vote 18 General elections must be held within of the Governor dissolving the legislature.. r. Parliament of the Cayman Islands 19. An Election Boundaries is selected every to review the boundaries or borders of the electoral districts and the number of elected officials of each voting area, and makes recommendations for any changes. . s. establishment of special committees p. Deputy Governor, Attorney General Page 30
PARTV
The Judicature
OF
TheGovernor
JudicialandLegal ServicesCommission recommendation
Criminal Court
Presidedover by Magistrates
Presidedoverby ChiefJusticeand other GrandCourtJudges
WHEN
MATTERS NEED TO BE DECIDED BY A LOCAL COURT THEY CAN EITHER BE HEARD BY A MAGISTRATE IN SUMMARY COURT OR A JUDGE IN GRAND COURT, DEPENDING ON THE ISSUE. IF YOU DO NOT LIKE THE DECISION OF A COURT YOU CAN APPEAL IT TO A HIGHER COURT, I.E. SUMMARY COURT TO GRAND COURT, AND GRAND COURT TO THE COURT OF APPEAL. THE SUMMARY COURT IS ESTABLISHED BY LOCAL LEGISLATION, NOT THE CONSTITUTION, AND IS DIVIDED UP INTO DIFFERENT SECTIONS, SUCH AS TRAFFIC COURT YOUTH COURT, DRUG REHABILITATION COURT AND MENTAL HEALTH COURT SUMMARY COURTS ARE PRESIDED OVER BY MAGISTRATES THE JUDICATURE CONSISTS OF THE JUDGES AND MAGISTRATES, APPOINTED BY THE GOVERNOR ON THE RECOMMENDATION OF THE JUDICIAL AND LEGAL SERVICES COMMISSION. THESE APPOINTEES ARE RESPONSIBLE FOR THE ADMINISTRATION OF JUSTICE.
THEJUDICATURE
THEJUDICATURE
Judges Magistrates
Responsibilities:Administration ofJustice LOCAL COURTLOCAL COURT DECISION DECISION
Magistratein SummaryCourt Judgein GrandCourt
OR heardby APPEAL
COURTAPPEAL OF COURT DECISION DECISION
SummaryCourt toGrandCourt
GrandCourt toCourtofAppeal
OR
SummaryCourt
Traffic Court Youth Court Drug Rehabilitation Court
Mental Health Court
Grand Court
Family Court Financial Services Division Court
General Civil Court
THE GRAND COURT
IS ALSO DIVIDED UP INTO DIFFERENT SECTIONS, SUCH AS FAMILY COURT, FINANCIAL
SERVICES
DIVISION, GENERAL CIVIL AND CRIMINAL COURTS THE GRAND COURT IS PRESIDED OVER BY THE CHIEF JUSTICE AND OTHER GRAND COURT JUDGES Page 31
CHIEF JUSTICE IS RESPONSIBLE FOR MANAGING THE JUDICIARY, INCLUDING TRAINING OF THE JUDICIARY, REPRESENTING THE VIEWS OF THE
TO THE GOVERNMENT, DIVIDING
WORK TO THE VARIOUS
AND DISCIPLINING ANY MAGISTRATE OR GRAND COURT JUDGE.
THE COURT OF APPEAL IS THE
COURT THAT
IN THE ISLANDS, AND IS PRESIDED OVER BY THE PRESIDENT OF THE COURT OF
AND OTHER COURT OF APPEAL JUSTICES. DURING A SITTING OF THIS COURT, THREE JUSTICES HEAR MATTERS TOGETHER AS ONE BODY. THE PRESIDENT IS RESPONSIBLE FOR THE MANAGEMENT OF THE COURT, THE SCHEDULE OF HEARINGS, AND DISCIPLINING ANY JUSTICE. OF APPEAL A FINAL APPEAL LIES FROM THE COURT OF APPEAL TO THE JUDICIAL COMMITTEE OF THE PRIVY COUNCIL, WHICH USUALLY SITS IN LONDON, ENGLAND.
OF
OF
The Governor
HIGHEST
SITS LOCALLY
APPEAL
THE
JUDICIARY
UP
COURTS,
JUSTICES, JUDGES AND MAGISTRATES ARE TYPICALLY APPOINTED BY THE GOVERNOR UNTIL THEY REACH CERTAIN SPECIFIED AGES THEY CAN ONLY BE REMOVED FROM THEIR POSITIONS IF FOR INSTANCE THEY ARE UNABLE TO COMPLETE THE TASKS OF THEIR JOB, OR FOR MISBEHAVIOUR, IN LINE WITH THE REMOVAL PROCESS SET OUT IN THE CONSTITUTION. THE JUDICIAL AND LEGAL SERVICES COMMISSION IS MADE UP OF 8 MEMBERS COMPRISED OF ORDINARY PERSONS ATTORNEYS AND JUDGES THE COMMISSION IS RESPONSIBLE FOR ADVISING THE GOVERNOR ON SELECTING AND REMOVING MAGISTRATES, JUDGES, JUSTICES, THE ATTORNEY GENERAL AND THE DIRECTOR OF PUBLIC PROSECUTIONS Dividingup workto specificcourts highestcourt in The CaymanIslands COURT
APPEALCOURT
APPEAL R RESPONSIBILITIES ESPONSIBILITIES Representing theviewsof theJudiciary totheGovernment Disciplining anymagistrateor judge PresidedoverbythePresidentof theCourtofAppealand otherCourtofAppealJustices TheChiefJustice Managing theJudiciary Trainingof theJudiciary Duringasitting3Justiceshear matterstogether R RESPONSIBILITIES ESPONSIBILITIES Managing theCourts Scheduling hearings Disciplining anyJustice TheGovernor Justices Judges Magistrates THE JUDICIAL AND LEGAL SERVICES COMMISSION ALSO GIVES ADVICE TO THE GOVERNOR IN THE EVENT THAT THE GOVERNOR HAS TO DISCIPLINE THE ATTORNEY GENERAL, THE DIRECTOR OF PUBLIC PROSECUTIONS, OR ANY OTHER LEGAL OR JUDICIAL OFFICER THE COMMISSION IS ALSO RESPONSIBLE FOR CREATING A CODE OF CONDUCT FOR THE JUDICIARY AND A PROCEDURE FOR DEALING WITH COMPLAINTS ABOUT THE JUDICIARY Judicialand LegalServices Commission Advises Selectingandremoving MagistratesJudgesJustices TheAttorneyGeneral JudicialandLegal ServicesCommission Code of Conduct R RESPONSIBILITIES ESPONSIBILITIES COMPLAINTS TheDirector ofPublic Prosecutions Page 32
PART V - THE JUDICATURE
READ THE STATEMENTS BELOW AND DETERMINE IF THEY ARE TRUE OR FALSE
The Judicature consists of the judges and magistrates/, True 1False appointed by the Governor on the recommendation of the Judicial and Legal Services Commission
The Court of Appeal is the lowest level court that sits in True False the Cayman Islands
The Judicature is responsible for the administration of justice
Traffic Court, Youth Court, Drug Rehabilitation and Mental
Health Court are all sections of Summary Court
President of the Court of Appeal and other Court of
Appeal Justices preside over the Court of Appeals
Attorney General is responsible for managing the True False Judiciary including training of the judiciary, representing the views of the judiciary to the Government, dividing up work to the various courts, and disciplining any magistrate or judge
Grand Court is presided over by the Chief Justice
and other Grand Court
President of the Court of Appeals is responsible for the
management of the Court, the schedule of hearings, and disciplining
Judges, and Magistrates
from their
Judicial and Legal Services Commission is responsible for True False advising the Governor on selecting and removing Magistrates, Judges, Justices, the Attorney General and the Director of Public Prosecutions, creating a Code of Conduct for the Judiciary and a procedure for dealing with complaints about the Judiciary
2
3
True False 4
True False
5 The
True False
6 The
7 The
True False
Judges 8 The
True False
any justices 9 Justices,
cannot be removed
True False positions 10 The
QUIZ
Page 33
ALL PERSONS WHO WORK FOR THE GOVERNMENT MUST ACT IN THE BEST INTERESTS OF THE CAYMAN ISLANDS AND PUT INTO EFFECT GOVERNMENT POLICIES AS DIRECTED BY CABINET. ULTIMATELY THE GOVERNOR IS RESPONSIBLE FOR HIRING ALL PERSONS WHO WORK FOR THE GOVERNMENT BUT HIS/HER POWER TO HIRE IS USUALLY TRANSFERRED TO THE CHIEF OFFICERS IN MINISTRIES OR PORTFOLIOS OF THE GOVERNMENT, EXCEPT IN SPECIAL CIRCUMSTANCES LIKE CHOOSING WHO WILL BE THE COMMISSIONER OF POLICE, THE AUDITOR GENERAL, AND THE OMBUDSMAN. PART VI The Public Service GovernmentEmployees mustactinbest interestsoftheCaymanIsland andputpoliciesintoeffects Governmentpolicies aredirectedbyCabinet Government Policies Cabinet Page 34
PART VI - THE PUBLIC SERVICE
FILL IN THE BLANK: CHOOSE THE APPROPRIATE WORD FROM THE WORD BANK TO COMPLETE THE SENTENCES BELOW.
WORD BANK
GOVERNMENT
THE AUDITOR GENERAL
CHIEF
:
GOVERNOR
OFFICERS CABINET OMBUDSMAN COMMISSIONER OF POLICE 1 The is ultimately responsible for hiring all persons who work for the Government 2 Practical responsibility for the hiring of all government workers is transferred to the ______ ________ in Ministries or Portfolios 3 All persons who work for the _____________ must act in the best interests of the Cayman Islands 4 directs the Government policies to be put into effect for the Cayman Islands and all persons who work for the Government 5 The Governor chooses who will be ___________, ___________ and the ____________ QUIZ
Page 35
THE
RESPONSIBILITIES RESPONSIBILITIES
PARTVII Finance ElectedOfficials akaMembersofParliament decidespublicspendingandbudgetetc
THE AUDITOR GENERAL IS APPOINTED BY THE GOVERNOR AND CAN ONLY BE REMOVED FROM HIS OR HER POST IF HE OR SHE CANNOT PERFORM HIS OR HER DUTIES. THE AUDITOR GENERAL HAS TWO IMPORTANT RESPONSIBILITIES: FIRSTLY, HE OR SHE OVERSEES THE FINANCIAL ACCOUNTS OF THE GOVERNMENT TO ENSURE THAT THESE ACCOUNTS ARE ACCURATE; AND SECONDLY, THE AUDITOR GENERAL IS RESPONSIBLE FOR INVESTIGATING WHETHER PROJECTS FUNDED BY THE GOVERNMENT ARE WORTH THE MONEY THAT WAS PAID FOR THEM (“VALUE FOR MONEY”). THE AUDITOR GENERAL REPORTS FINDINGS TO THE LEGISLATURE AT LEAST TWICE PER YEAR. THE FINANCIAL SECRETARY IS THE GOVERNMENT’S MAIN FINANCIAL ADVISOR BUT DOES NOT NOW VOTE OR ATTEND MEETINGS OF THE CABINET OR PARLIAMENT, BUT MAY ATTEND IN CERTAIN CIRCUMSTANCES IF REQUIRED THE LEGISLATURE IS RESPONSIBLE FOR DECIDING HOW MUCH MONEY THE GOVERNMENT WILL SPEND ON ITEMS OR CHARGE THE PUBLIC FOR SERVICES, AS WELL AS BUDGETING FOR THE GOVERNMENT'S EXPENSES AN ANNUAL REPORT ON THE GOVERNMENTS FINANCES IS PREPARED FOR THE LEGISLATURE AND THE CONSTITUTION ALSO PLACES LIMITATIONS ON WHAT THE GOVERNMENT MAY BORROW THE LEGISLATURE
LEGISLATURE AnannualreportispreparedfortheLegislature
TAuditorGeneral heGovernor
The Attorney General The Deputy Governor TheAuditorGeneral Overseesthe FinancialAccounts ofTheGovernment toensureAccounts areaccurate Investigating whether projectsfundedby theGovernment areworththe moneythat waspaid Reportsfindings totheLegislature atleasttwiceper year TheFinancial Secretary MTheGovernment ain Financial Advisor Page 36
PART VII - FINANCE
MULTIPLE CHOICE: THIS SECTION IS A MULTIPLE-CHOICE QUIZ WITH FOUR ANSWER CHOICES. READ EACH QUESTION AND ANSWER CHOICE CAREFULLY AND CHOOSE THE ONE BEST ANSWER.
The document that details Government's finances, which is prepared for the Legislature is known as what? The Budget The Annual Report A Financial Statement An Invoice 1 a b c d 2 The Legislature is responsible for? a Deciding how much money the Government will spend on items b How much to charge the public for service c Budgeting for the Government expenses d All of the above 3 Limitations on what the Government may borrow is outlined in which document? a Standing Orders b Policies and Procedures c The Constitution d The Bill of Rights, Freedoms and Responsibilities 4 The Auditor General is appointed by ? a The Attorney General b The Premier c The Minister of Finance d The Governor 5 The is the Government's main financial advisor a Financial Secretary b Chief Financial Officer c Treasurer d Minister of Finance 6 Overseeing the financial accounts of Government to ensure accounts are accurate and investigating whether projects funded by the Government are worth the money that was paid for them are both responsibilities of which role under the Constitution? a The Ombudsman b The Auditor General c The Officer of the Deputy Governor d Attorney General 7 Findings of the Auditor General are reported to the Legislature at least a Annually b Quarterly c Twice per year d Every 4 years QUIZ
Page 37
High Standards ofHonesty RESPONSIBILITIES A NUMBER OF INSTITUTIONS ARE ENSHRINED IN OUR CONSTITUTION TO OVERSEE ISSUES THAT ARE NECESSARY TO SUSTAIN AND FURTHER ENCOURAGE GOOD GOVERNANCE IN OUR COUNTRY THESE INCLUDE: THE HUMAN RIGHTS COMMISSION, WHICH IS PRIMARILY RESPONSIBLE FOR PROMOTING A GENERAL UNDERSTANDING AND OBSERVANCE OF HUMAN RIGHTS. THE COMMISSION FOR STANDARDS IN PUBLIC LIFE, WHICH IS TASKED WITH ASSISTING TO SET THE HIGHEST STANDARDS OF HONESTY AND CAPABILITY FOR PERSONS SERVING THE PUBLIC. ADDITIONALLY, MEMBERS OF THIS COMMISSION MONITOR LEGAL STANDARDS OF ETHICAL BEHAVIOUR, AND THE COMMISSION IS ALSO RESPONSIBLE FOR THE REGISTER OF INTERESTS, WHICH REQUIRES CERTAIN PERSONS TO DECLARE WHAT FINANCIAL COMMITMENTS (INTERESTS, ASSETS, LIABILITIES, ETC.) THEY HAVE IN ORDER TO AVOID CONFLICTS OF INTEREST. THE CONSTITUTIONAL COMMISSION, WHICH IS RESPONSIBLE FOR PROMOTING AND RAISING AWARENESS AND UNDERSTANDING OF THE CONSTITUTION AND ITS VALUES ADVISORY DISTRICT COUNCILS, WHICH ARE INTENDED TO OPERATE AS ADVISORY BODIES TO ELECTED MEMBERS OF PARLIAMENT, AS SET OUT IN A LAW TO BE ENACTED FOR THIS PURPOSE THE OFFICES OF THE COMPLAINTS AND INFORMATION COMMISSIONERS HAVE BEEN MERGED INTO A SINGLE OFFICE, WHICH IS NOW OVERSEEN BY THE OMBUDSMAN THE FUNCTIONS OF THE OMBUDSMAN ARE SET OUT IN VARIOUS LAWS AND INCLUDE RECEIVING COMPLAINTS ABOUT PUBLIC OFFICIALS, AS WELL AS DECIDING WHICH GOVERNMENT DOCUMENTS SHOULD BE RELEASED INTO THE PUBLIC DOMAIN PARTVIII Institutions Supporting Democracy Promotingageneral understandingand observanceof humanrights Monitor LegalStandardsof EthicalBehavior Register ofInterest Promotingand raisingawareness andunderstanding oftheConstitution anditsvalues Advisory DistrictCouncil Elected Member ofParliament Page 38
PART VIII - INSTITUTIONS SUPPORTING DEMOCRACY
QUIZ: MATCH THE
IN COLUMN A. WRITE
FROM COLUMN B WITH
THE
OF THE
IN THE BOX PROVIDED ON THE LEFT SIDE OF COLUMN A.
Column a. Column b.
This Commission is responsible for promoting and raising awareness and understanding of the Constitution and its values
The offices of the Complaints and Information Commissioners merged into a single office to receive complaints about public officials, as well as deciding which Government documents should be released into the public domain
This Commission is primarily responsible for promoting a general understanding and observance of human rights
Intended to operate as advisory bodies to elected Members of Parliament
Tasked with assisting to set the highest standards of honesty and capability for persons serving the public Additionally, members of this Commission monitor legal standards of ethical behavior, and the Commission is also responsible for the Register of Interest, which requires certain persons to declare what financial commitements (interests, assets, liabilities, etc) they have in order to avoid conflicts of interest
MATCHING
CORRECT ANSWER/RESPONSE
STATEMENTS
ONLY
LETTER
ANSWER/RESPONSE
QUIZ
1
a The Ombudsman 2
b Advisory District Councils 3
c Constitution Commission 4
d Commission for Standards in Public Life 5
e Human Rights Commission Page 39
CONCLUSION
OUR CONSTITUTION IS A LEGAL DOCUMENT AND ITS CONTENTS ARE DETAILED AND AT TIMES COMPLEX. AS A RESULT, SOME PEOPLE CAN FIND ACCESSING THE CONTENTS OF OUR CONSTITUTION CHALLENGING. THIS BOOKLET HAS THEREFORE ATTEMPTED TO EXPLAIN THE IMPORTANT PARTS OF THE CONSTITUTION TO YOU IN BASIC TERMS. MORE INFORMATION ABOUT THE CONSTITUTION CAN ALSO BE FOUND ON THE THE CONSTITUTIONAL COMMISSION'S WEBSITE AT: WWW.CONSTITUTIONALCOMMISSION.KY Page 40
POP QUIZ ANSWER KEY Page 41 Part VIII Pop Quiz Answer bank: 1(c), 2(a), 3(e), 4(b), and 5(d) Part VII Pop Quiz Answer bank: 1(b), 2(d), 3(c), 4(d), 5(a), 6(b) and 7(c) Preamble & Part I Pop Quiz - Answer bank: 1- True, 2-True, 3-True, 4-False, 5-True, 6-False, 7-False, 8-True, 9-False and 10-True Part II Pop Quiz - Answer bank: 1- representative, 2-Premier, 3-Government Ministers, 4 Government Cabinet, 5 onshore offshore, 6 chaired, 7 appointments, disciplinary, 8 Caymanian, Majesty 9 Governor and 10 Chief Officer Part III Pop Quiz Answer bank: 1(c), 2(d), 3 (c), 4(c), 5(d), 6(a), 7(b), 8(b), 9(d), 10(d), 11(c), 12(b), 13(c), 14(b), 15(c) and 16(a) Part IV Pop Quiz Answer bank: 1(r), 2( e), 3 (p), 4(g), 5(i ), 6(h ), 7(k ), 8(f ), 9(d), 10(n), 11(j), 12(q), 13(o), 14(l), 15(m), 16(b), 17(s), 18(c) and 19(a) Part V Pop Quiz - Answer bank: 1-True, 2-False, 3-True, 4-True, 5-True, 6 False, 7 True, 8 True, 9 False, and 10 True Part VI Pop Quiz - Answer bank: 1-Governor 2-Chief Officers, 3-Government, 4-Cabinet 5-Commissioner of Police, the Auditor General, Ombudsman
KNOWYOUR
CONSTITUTION EDUCATIONIS KEYTOSUCCESS
A CONSTITUTIONAL COMMISSION PUBLICATION