Government and Society of Cayman Islands

Government of Cayman Islands

Form of Government

The Cayman Islands is a parliamentary democracy with judicial, executive and legislative branches. The present constitution, which came into effect on 6 November 2009, provides for the government of the Cayman Islands as a British Overseas Territory. It is the fourth written constitution issued for the Islands by the British Crown since 1959, though there is a history of over 165 years of representative government.

The Islands' constitution has evolved as the population and economy has grown. The Islands pride themselves on having an independent judiciary, emphazising that the Grand Court was established by the Constitution. In many forms of parliamentary government, executive and legislative branches are not totally separate. In the Cayman Islands, the people elect the members of the legislature, and the legislature elects the majority of the the Cabinet.

There is no second tier of local government. A district commissioner represents the governor in Cayman Brac and Little Cayman.

In February 2007 the newly formed Constitutional Review Secretariat was tasked with educating the public on constitutional issues and achieving national consensus on areas of constitutional reform, so Government could negotiate a new constitution for the Cayman Islands with the United Kingdom.

The new Constitution makes important changes to Government, including the appointment of the first Premier, Deputy Premier, Deputy Governor, and Minister of Finance; the expansion of the Legislative Assembly to 18 members; the appointment of an Electoral Boundary Commission to change district boundaries to allow for the new members; and the appointment of three new commissions to advise the Governor: the Judicial and Legal Services Commission, the Commission for Standards in Public Life, and the National Security Council.

The Judicial Branch

The Cayman Islands has a chief justice, three full time judges, three part time judges, three magistrates and over 140 justices of the peace, some of whom serve as lay magistrates.

The governor appoints magistrates, judges, and the chief justice on the advice of the Judicial and Legal Services Commission, a body formed by the 2009 Constitution.

Justice in the Cayman Islands is administered at three levels - in the Summary Court (including the Youth, Juvenile and Drug Rehabilitation courts), the Grand Court and the Court of Appeal.

The Juvenile Court has general jurisdiction to try all summary offences committed by juveniles under 17 years of age. The Summary Court has a civil and criminal jurisdiction. ne magistrate normally exercises jurisdiction, although provision is made for two lay justices of the peace to preside in some circumstances. Coroner's inquests are held in Summary Court where a magistrate sits with a jury as coroner for the Islands. Appeals from the Summary Court lie to the Grand Court.

The Grand Court is a superior court of record and administers the common law and the law of equity of England, as well as locally enacted laws and applied laws. A dedicated financial services division of the Grand Court opened in November 2009.

Appeals from the Grand Court lie to the Cayman Islands Court of Appeal, composed of a president and not less than two judges of appeal. Further appeal lies, in certain circumstances, to the Judicial Committee of the Privy Council in London.

Role of the Governor

Appointed by Her Majesty's Government, the Governor presides over the meetings of Cabinet and the Advisory Committee on the Prerogative of Mercy, but is a member of neither. The Governor also chairs the National Security Council, and, in accordance with the Constitution, is bestowed special responsibility for defence, external affairs, internal security, the police and the civil service.

Under the Constitution, the Governor promotes good governance and acts in the best interests of the Cayman Islands “so far as such interests are consistent with the interests of the United Kingdom.”

When required to consult the Cabinet, the Governor may only go against the Cabinet's advice if he or she considers it will negatively affect any of his or her special responsibilities, or if he or she is instructed to do so by Her Majesty through a Secretary of State.

The Governor is required to give his or her assent or notify that Her Majesty has given assent to a Bill before it can become a law.

The Governor, in addition to overseeing the civil service, also appoints members of the judiciary and various Commissions established by the Constitution.

Governors and Predecessors

Chief Magistrates or Custodes

• 1750 William Cartwright
• 1776 William Bodden
• 1823 James Coe the Elder
• 1829 John Drayton
• 1842 James Coe the Younger
• 1855 William Eden
• 1879 William Bodden Webster
• 1888 Edmund Parsons

Commissioners

• 1898 Frederick Shedden Sanguinnetti, ISO
• 1907 George Stephenson Shirt Hirst
• 1912 Arthur C. Robinson
• 1919 Hugh Houston Hutchings
• 1929 Captain G.H. Frith
• 1931 Ernest Arthur Weston
• 1934 Allen Wolsey Cardinall, CMG (later Sir Allen)
• 1940 Albert Colinridge Panton Snr, MBE (acting)
• 1941 John Penry Jones
• 1946 Ivor Otterbein Smith (later CMG, OBE)
• 1952 Andrew Morris Gerrard, CMG
• 1956 Alan Hilliard Donald
• 1960 Jack Rose, MBE, DFC (Later CMG)

Administrators

• 1962 Jack Rose, MBE, DFC (Later CMG)
• 1964 John Alfred Cumber, CMG (later Sir John)
• 1968 Athelstan Charles Ethelwulf Long, CMG, CBE

Governors

• 1971 Athelstan Charles Ethelwulf Long, CMG, CBE
• 1972 Kenneth Roy Crook (later CMG)
• 1974 Thomas Russell, CMG, CVO
• 1982 George Peter Lloyd, CMG, CVO
• 1987 Alan James Scott, CVO, CBE
• 1992 Michael Edward John Gore, CVO, CBE
• 1995 John Wynne Owen, MBE (later CMG)
• 1999 Peter John Smith, CBE
• 2002 Bruce Harry Dinwiddy, CMG
• 2005 Stuart D.M. Jack, CVO
• 2010 Duncan Taylor, CBE
• 2013 Mrs Helen Kilpatrick, CB