This page contains a Flash digital edition of a book.
CONSTITUTIONAL MODERNIZATION


CONSTITUTIONAL MODERNIZATION FOR MONTSERRAT


Constitutional reform brought changes to the governance of a Caribbean island which had been focusing on its volcano-generated economic issues; but the United Kingdom overseas territory’s most experienced constitutional expert questions whether Montserrat got the constitutional change it wanted or needed.


Prof. Sir Howard Fergus, KBE, PhD,


in Brades. Sir Howard was the Speaker of the Legislative Council for 26 years from 1975. An award-winning author, he is also a published poet and a noted historian. He has been the de facto Deputy Governor, and has been Acting Governor on several occasions. He is the Extra-Mural Resident Tutor in Montserrat for the University of the West Indies, a post he has held since 1974.


The process of constitutional modernization started in Montserrat in 2010 when the government established a constitutional committee. It was tasked with making recommendations based on wide consultations. The extent to which it has been


modernized is open to debate and opposition politicians are still critical of what has been achieved. The process and the product will be examined in this article. The initiative came from the


United Kingdom government with the publication of a 1999 White Paper Partnership for Progress and Prosperity: Britain and the Overseas Territories. A Montserrat Constitutional Commission of 1996 did recommend constitutional reform; but there has really been no local agitation for


108 | The Parliamentarian | 2012: Issue Two


constitutional advancement. The issue of independence has arisen and preparatory activities in the form of national symbols undertaken; but there has been no direct call for constitutional upgrading. If anything, the economic


setback caused by a sustained volcanic eruption discouraged any move towards change. There is a tendency to see a correlation between economic prosperity and political aspiration; and the eruption seriously eroded the island’s economic base. The 1999 White Paper came


therefore as a benevolent action of the imperial United Kingdom government, at least ostensibly. It however gave no idea of how progressive, radical or locally rooted these modern constitutions of its overseas territories were


Prof. Sir Howard Fergus


supposed to be; and the White Paper merely promised that the U.K. government would carefully consider the proposals. Everything was open-ended and deliberately so, as it turned out.


The status quo The Montserrat Constitutional Order 1989 vested executive


Page 1  |  Page 2  |  Page 3  |  Page 4  |  Page 5  |  Page 6  |  Page 7  |  Page 8  |  Page 9  |  Page 10  |  Page 11  |  Page 12  |  Page 13  |  Page 14  |  Page 15  |  Page 16  |  Page 17  |  Page 18  |  Page 19  |  Page 20  |  Page 21  |  Page 22  |  Page 23  |  Page 24  |  Page 25  |  Page 26  |  Page 27  |  Page 28  |  Page 29  |  Page 30  |  Page 31  |  Page 32  |  Page 33  |  Page 34  |  Page 35  |  Page 36  |  Page 37  |  Page 38  |  Page 39  |  Page 40  |  Page 41  |  Page 42  |  Page 43  |  Page 44  |  Page 45  |  Page 46  |  Page 47  |  Page 48  |  Page 49  |  Page 50  |  Page 51  |  Page 52  |  Page 53  |  Page 54  |  Page 55  |  Page 56  |  Page 57  |  Page 58  |  Page 59  |  Page 60  |  Page 61  |  Page 62  |  Page 63  |  Page 64  |  Page 65  |  Page 66  |  Page 67  |  Page 68  |  Page 69  |  Page 70  |  Page 71  |  Page 72