Jamaica’s Constitutional Court rules multiple SOEs unconstitutional

In a landmark decision handed down today, Jamaica’s Constitutional Court ruled in favour of Opposition People’s National Party General Secretary Dr. Dayton Campbell, declaring that the multiple states of public emergency (SOEs) declared by the government between 2018 and 2023 were unconstitutional.

The court found that SOEs declared on 15 separate dates — including January 2018, March 2018, April 2019, June 2020, and as recently as February 2023 — were not made for a constitutionally valid purpose, were not demonstrably justified in a free and democratic society, and were inconsistent with the Jamaican Constitution.

The declarations mean the challenged SOEs were void and unconstitutional.

In a major rebuke of the government’s use of SOEs in crime fighting, the court also ruled that three so-called rolling proclamations made by the Governor General in November and December 2022 amounted to a breach of the separation of powers. These proclamations effectively bypassed Parliament’s role in extending emergency powers beyond the constitutionally permitted 14 days.

Campbell had sought declarations that:

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1. The SOEs declared on January 18, March 18, and September 2018; April 30, July 7, and September 5, 2019; January 6 and June 14, 2020; November 14, 2021; June 17, November 15, December 6, and December 28, 2022; and February 15, 2023, “were not made for any purpose specified in Section 20 of the Constitution and were not demonstrably justified in a free and democratic society and were inconsistent with the Constitution and are void.”

2. The SOE declarations by the Governor General on November 15, 2022, December 6, 2022, and December 28, 2022, which declared states of public emergency in specified communities, “constituted a breach of the separation of powers principle in that the executive effectively purported to exercise a power that the Constitution reserved to Parliament in relation to the power to extend a state of public emergency for longer than 14 days were therefore inconsistent with the Constitution and are void.”

Michael Hylton KC and attorneys Duane Allen, Alexis Robinson, and Daynia Allen represented Dr. Campbell, while Faith Hall, Director of State Proceedings, and attorney Matthew Gabbadon represented the Attorney-General’s Chambers.

The court, comprised of a three-judge panel including Justices Bertram Morrison, Andrea Pettigrew Collins, and Simone Wolfe-Reece, had reserved judgment since November 26, 2024. The oral orders were read by Justice Collins, with Justice Morrison absent.

Jamaican government to appeal decision

In response, the government announced its intention to appeal the decision. “As it was satisfied with the conduct of the Parliament, the government and the Governor General in declaring these states of emergency, the government will now give serious consideration to this judgment as we appeal the decision,” said Attorney General Dr. Derrick McKoy.

The government highlighted the reduction in Jamaica’s murder rate as evidence of the effectiveness of SOEs. “The people of Jamaica are experiencing a historic reduction in crime thanks to effective crime-fighting strategies, historic investment in policing infrastructure, increases in the number of police officers, implementation of enhanced intelligence operations, and SOEs. Jamaica recorded 132 fewer murders in the first quarter of 2025, representing the third straight quarterly decline since the second quarter of 2024. Additionally, incidents of shootings, rapes, robberies, and break-ins have all declined consistently over the past six quarters, beginning in the third quarter of 2023,” the government’s statement said.

The government reaffirmed its commitment to supporting security forces and maintaining public safety while respecting the rule of law. The Attorney General’s Chambers is currently undertaking a thorough review of the legal and constitutional implications of the court’s decision in preparation for the appeal.