The Cayman Islands is updating their 1972 Constitution. Their Government just announced that the new proposed Constitution will be put to a public referendum in May, following a rigorous public consultation.
The proposals include a clause that future constitutional amendments will require a majority vote in a national referendum. Other proposals include:
- The ability for voters to initiate binding referenda;
- A Commission on Standards in Public Life, including clear rules that Ministers and Public Officials must exercise their powers in the interests of the country and not for their private interest or benefit;
- Term limits on premiership;
- Strengthened public access to information laws;
- Improved oversight bodies (such as the auditor), and enshrining their powers in the Constitution so that they cannot be reduced by the governments-of-the-day;
- Reformed political campaign finance laws;
- Judiciary and prosecutions managed by independent (and bipartisan) Judicial and Legal Services Commission;
- Non-political and independent Attorney General (not a member of Parliament or the Cabinet); and
- The Governor should be required to exercise his powers for the benefit of the Cayman Islands in a way that is justified and proportionate. Decisions are to be made public and subject to the courts. Provision should be made for a Deputy Governor, who should be a Caymanian.
The more I read it, the more I wonder if the Caymans are purposefully positioning themselves against Bermuda’s foibles. Or are we just so used to unresponsive governance that normalcy seems unusual?
