*This is linked to separation of powers thus the cases are the same

-Section 2 of the Jamaican Constitution states the Constitution is the supreme law of the land, and any law inconsistent with it shall be deemed void

-Section 48 empowers Parliament to pass laws for peace and good order

-Thus, both sections compliment each other as even though Parliament can make laws, they can’t go against the constitution else it be null.

Cases

Pro tip: just link everything to being inconsistent with S2 of the constitution

*Hinds v The Queen

*Bribery Commissioner v Ranasigne

*Julian Robinson v AG of JA/NIDS Case

*Collymore v AG of T&T; judge stated not even parliament can infringe upon your rights

*Arthur Williams v PM

*Maharaj v AG of T&T

Key words

Repugnant

Abrogated

abridge

Infringed

Amendments to Provisions

-Section 49 and 50 deals with procedures for amendments.

-Section 49 deals with entrenched provisions while Section 50 deals with non entrenched provisions.

Entrenched provisions

*Entrenched provision means a deeply rooted clause in the Constitution while Non entrenched aren’t so deeply rooted.

*An entrenched provision also cannot be removed from the Constitution unless through amendment and certain procedures

-If parliament wishes to change the law in relation to a deeply entrenched provision, then the procedures are more extensive and Section 49 must be followed. Conversely if they wish to change the law in relation to a not so deeply entrenched provision, it’s easier and Section 50 must be followed.

Eg: if Jamaica wishes to change from the Privy Council to the CCJ Section 49 needs to be followed

-Section 13 deals with Charter or Rights

-Section 20 deals with Trials and Rights of an Accused person

-Section 28(2) is the savings clause. It says any law passed before the constitution was adopted, those laws will remain. They are ‘saved’. Thus, the constitution is so supreme that it protects former laws.