Examining how Commonwealth Caribbean constitutions enable prime ministerial absolutism, with reference to the reserve power

Thesis

This thesis seeks to answer the question: should the head of state in a Westminster system possess reserve powers to safeguard the constitution? By answering this question in the affirmative, this thesis casts doubt on the method of codification adopted in most Commonwealth Caribbean constitutions, particularly relating to the removal of the head of state’s reserve power to prevent unconstitutional uses of certain executive powers. Therefore, this thesis has two primary objectives. The first is to establish the importance of the reserve power of the head of state to Westminster constitutionalism generally. The second is to show how the absence of the reserve power in Caribbean constitutions has led to constitutional crises in the past, and ultimately, may lead to more in the future.

The thesis commences with an analysis of Westminster constitutional conventions and their essential qualities of being normative and regulatory. This analysis demonstrates how certain executive powers must be used in line with prevailing constitutional principles, failing which, political sanctions may be imposed. Next, the thesis argues that the reserve power is a power of last resort exercised by the head of state to deter and sanction breaches of these conventions and principles. Thus, the thesis justifies the reserve power not as a historical legacy, but as a modern necessity of parliamentary government. Consequently, the head of state in a Westminster system is not a mere constitutional cipher but rather a constitutional guardian with the ultimate power to reel in unconstitutionality. Lastly, I show that by removing the reserve power from their constitutional edifice, Caribbean constitutions removed an important sanction mechanism for breaches of constitutional conventions and principles. Consequently, Caribbean prime ministers are empowered to arbitrarily wield certain executive powers in breach of fundamental conventions and principles.

Authors: Grant, K

• DOI: 10.5287/ora-pp7g6ewkq
• Type of award: MPhil
• Level of award: Masters
• Awarding institution: University of Oxford
• Language: English
• Keywords: head of state; Commonwealth Caribbean; constitutional conventions; reserve power
• Subjects: Constitutional law; Constitutional history; Ministerial responsibility; Constitutional conventions