Glossary of Legal Terms in the Cayman Islands Constitution

The Cayman Islands Constitution Order 2009 is a carefully drafted legal document — and like all legal documents, it uses precise terminology that can be confusing to non-lawyers. This glossary explains the key terms in plain English, with references to the relevant constitutional provisions.

Whether you are reading the Constitution for the first time or trying to understand a specific clause, this reference guide will help.

A

Absolute Right

A right that cannot be limited or overridden under any circumstances. In the Cayman Islands Constitution, the prohibition on torture (Article 3) and the prohibition on slavery (Article 4) are absolute rights. Compare with qualified rights.

Assent

The Governor's formal approval of a Bill passed by the Legislative Assembly, which transforms it into law (Article 78). The Governor may assent to a Bill, withhold assent, or reserve the Bill for the signification of Royal Pleasure (i.e., refer it to London for a decision). Without assent, a Bill does not become law.

Attorney General

The principal legal adviser to the Cayman Islands Government (Article 56). The Attorney General is an ex officio (non-voting) member of both the Cabinet and the Legislative Assembly. The Attorney General provides legal advice to government, represents the Crown in litigation, and oversees the Director of Public Prosecutions.

Auditor General

An independent officer who audits the accounts of the Cayman Islands Government (Article 114). The Auditor General reports to the Public Accounts Committee of the Legislative Assembly and cannot be directed by Cabinet or ministers in the performance of their functions. The role is a key accountability mechanism.

B

Bill

A proposed law introduced to the Legislative Assembly. Once passed by the Assembly and assented to by the Governor, a Bill becomes an enactment or law (Article 77). Bills can be introduced by any member of the Assembly, but Bills for the imposition of taxes require the recommendation of the minister responsible for finance.

Bill of Rights

Chapter 1 of the Cayman Islands Constitution (Articles 1–28), which sets out the fundamental rights and freedoms of persons in the Cayman Islands. The Bill of Rights draws heavily on the European Convention on Human Rights but also includes additional rights specific to the Cayman context, such as environmental protection (Article 18) and education (Article 20). See What Is the Cayman Islands Bill of Rights?.

C

Cabinet

The principal executive body of the Cayman Islands Government, consisting of the Premier, at least six Ministers, and the ex officio Deputy Governor and Attorney General (Article 44). Cabinet is collectively responsible to the Legislative Assembly and makes decisions by majority vote. Cabinet is chaired by the Governor or, in the Governor's absence, by the Premier.

Caymanian

A person who holds the status of "belonger" under Cayman Islands law — essentially, a citizen or national of the Cayman Islands. Being Caymanian determines eligibility for certain rights and offices, including the right to vote (Article 90), stand for election (Article 61), and hold certain appointed positions. The specific definition is set out in the Immigration Law rather than the Constitution itself.

Chief Justice

The head of the Grand Court of the Cayman Islands (Article 95). The Chief Justice is appointed by the Governor and presides over the most significant cases heard by the Grand Court. The Chief Justice also has an administrative role in the management of the judiciary.

Commission for Standards in Public Life

An independent body established under Article 117 to monitor the integrity and ethical conduct of public officials. The Commission maintains the Register of Interests (Article 121), which requires elected members and certain public officials to declare their financial interests, to prevent conflicts of interest.

Constitutional Commission

An independent advisory body established under Article 118. Its role is to advise on matters relating to the Constitution and to review and recommend changes to constitutional provisions. It is separate from the Commission for Standards in Public Life.

Court of Appeal

The intermediate appellate court of the Cayman Islands (Article 99), consisting of a President and at least two Justices of Appeal. It hears appeals from the Grand Court on both civil and criminal matters. Further appeals lie to the Judicial Committee of the Privy Council.

D

Declaration of Incompatibility

An order made by a court under Article 23 when it finds that a provision of Cayman Islands legislation cannot be interpreted compatibly with the Bill of Rights. Unlike a declaration of incompatibility in the United Kingdom, a Cayman court can actually disapply the incompatible provision, giving constitutional rights priority over inconsistent legislation.

Deputy Governor

A Caymanian public servant appointed by the Governor who serves as the second most senior constitutional officer (Article 34). The Deputy Governor acts as Governor during vacancies or absences (Article 35) and is an ex officio member of both Cabinet and the Legislative Assembly (though without a vote in the Assembly).

Deputy Premier

A minister designated by the Premier to act as Premier during the Premier's absence or incapacity (Article 53). The Deputy Premier's powers in this acting capacity are generally equivalent to the Premier's.

Director of Public Prosecutions (DPP)

An independent officer with exclusive authority to institute, undertake, and discontinue criminal prosecutions in the Cayman Islands (Article 57). The DPP is not subject to direction by Cabinet or any minister in the exercise of these functions, ensuring prosecutorial independence from political interference.

Dissolution

The formal ending of a session of the Legislative Assembly, which triggers a general election (Article 84). The Governor may dissolve the Assembly on the advice of the Premier or in specified circumstances. The Assembly also automatically dissolves four years after its first meeting following the previous election.

E

Electoral Boundary Commission

An independent commission that reviews and recommends changes to the electoral district boundaries for the Legislative Assembly (Article 88). Its reports are presented to the Assembly and aim to ensure substantially equal representation across districts.

Emoluments

The financial remuneration and benefits attached to a public office — salary, allowances, and related entitlements. Several constitutional provisions protect the emoluments of office-holders (such as judges) from being reduced to their detriment while they hold office, as a safeguard for independence.

Enactment

A law that has been passed by the Legislative Assembly and received the Governor's assent. After assent, the Bill becomes an enactment, i.e., it becomes part of the law of the Cayman Islands.

Ex Officio

Latin for "by virtue of office." Certain persons hold positions on constitutional bodies automatically because of their office rather than by appointment or election. For example, the Deputy Governor and Attorney General are ex officio members of both Cabinet and the Legislative Assembly.

F

Financial Secretary

The principal financial adviser to the Cayman Islands Government (Article 115). The Financial Secretary advises on economic and fiscal matters and plays a central role in preparing the annual budget.

Functions

In constitutional language, "functions" refers to the powers, duties, and responsibilities conferred on an office-holder by the Constitution or other law. When the Constitution says the Governor "exercises functions," it means the Governor carries out the tasks and powers that the Constitution assigns to that role.

G

Governor

The representative of the Crown (the British monarch) in the Cayman Islands, appointed by letters patent (Article 29). The Governor exercises both reserved personal powers (such as responsibility for defence and external affairs under Article 55) and acts in other matters on the advice of Cabinet. The Governor is not a figurehead — they have real constitutional authority in several areas. See What Powers Does the Governor of the Cayman Islands Have?.

Grand Court

The superior court of first instance in the Cayman Islands, with unlimited civil and criminal jurisdiction (Article 94). The Grand Court is the primary venue for constitutional rights claims under Article 26 and hears the most significant cases at first instance before potential appeals to the Court of Appeal.

H

Human Rights Commission

An independent body established under Article 116 to promote awareness and understanding of human rights in the Cayman Islands. The Commission can review legislation and policies for compatibility with the Bill of Rights and receive complaints from individuals. It is separate from the courts and cannot issue binding legal orders but can make influential recommendations.

I

Incompatibility

The state of being in conflict with a right or provision of the Constitution. If a law or act by a public authority cannot be interpreted in a way that is consistent with the Bill of Rights, it is said to be incompatible. See Declaration of Incompatibility.

J

Judicial and Legal Services Commission

An independent body established under Article 105 to advise on the appointment and terms of service of judges and other legal officers. The Commission is chaired by a non-lawyer and must include members who are not lawyers or judges, ensuring lay oversight. Its role under Article 106 includes making recommendations to the Governor on judicial appointments.

Judicial Review

A legal process by which the Grand Court reviews the lawfulness of decisions and actions by public authorities. Judicial review can be brought on grounds including illegality, irrationality, and procedural unfairness. Article 19 (lawful administrative action) provides a constitutional foundation for judicial review claims.

L

Leader of the Opposition

A member of the Legislative Assembly appointed by the Governor (on the basis of their ability to command majority support among opposition members) to lead the official opposition (Article 68). The Leader of the Opposition provides a formal constitutional role for political accountability of the government.

Legislative Assembly

The elected legislature of the Cayman Islands, consisting of 18 elected members, plus the ex officio Deputy Governor and Attorney General, and presided over by a Speaker (Article 60). The Assembly has the power to make laws for the Cayman Islands within the limits set by the Constitution. See How Does the Cayman Islands Legislature Work?.

M

Minister

A member of the Legislative Assembly appointed to Cabinet by the Governor on the advice of the Premier (Article 49). Each minister is responsible for specific government portfolios (areas of policy and administration) as allocated by the Governor under Article 54. Ministers are collectively responsible to the Assembly under Cabinet government principles.

N

National Security Council

A body established under Article 58, chaired by the Governor and including the Premier, to coordinate matters of national security. The Council formalises the relationship between the elected government and the Governor's reserved responsibilities for internal security and defence.

O

Order in Council

A type of UK executive legislation made by the Privy Council under the Royal Prerogative or statutory authority. The Cayman Islands Constitution itself is an Order in Council — the Cayman Islands Constitution Order 2009. The UK can also use Orders in Council to legislate for the Cayman Islands without the involvement of the Legislative Assembly in exceptional circumstances (Articles 81, 125).

P

Premier

The head of government of the Cayman Islands, appointed by the Governor (Article 49) as the member of the Legislative Assembly most likely to command the confidence of the majority of elected members. The Premier leads Cabinet, allocates ministerial responsibilities (subject to the Governor), and is the principal political leader of the territory. See How the Cayman Islands Cabinet Works.

Prerogative of Mercy

The power, exercised by the Governor under Article 39, to pardon persons convicted of offences, reduce sentences, or substitute less severe punishments. The Governor acts on the advice of an Advisory Committee on the Prerogative of Mercy (Article 40) for these decisions.

Prorogation

The formal suspension of a session of the Legislative Assembly without dissolving it (Article 84). After prorogation, the Assembly is "on recess" and cannot sit or conduct business until recalled. Prorogation does not end the Assembly's term — it can resume after prorogation without an election.

Proportionality

A key principle in constitutional law: any restriction on a right must not go further than is necessary to achieve the legitimate aim being pursued. If a government action interferes with a right but does so in a way that is excessive relative to its aim, it fails the proportionality test and is unconstitutional.

Public Accounts Committee

A committee of the Legislative Assembly (Article 87) charged with examining the accounts of the Cayman Islands Government and holding the executive to account for how public money is spent. It receives reports from the Auditor General.

Q

Qualified Right

A right that can be limited by law if the limitation serves a legitimate aim and is necessary and proportionate. Most rights in the Cayman Bill of Rights are qualified — for example, freedom of expression (Article 11) can be restricted to protect national security or the rights of others, provided the restriction is proportionate. Compare with absolute right.

Quorum

The minimum number of members required to be present for a body to conduct valid business. For the Cabinet, a quorum is the majority of its members (Article 46). For the Legislative Assembly, a quorum is a majority of the elected members (Article 74).

R

Referendum

A direct vote by the electorate on a specific question. The Cayman Islands Constitution provides for two types of referendum: Assembly-initiated referendums (Article 69) and people-initiated referendums (Article 70). A people-initiated referendum requires a petition signed by at least 25% of registered electors and, if held, is binding on the government if more than 50% of all registered electors vote in favour.

Royal Pleasure

A formula used when the Governor reserves a Bill for consideration in London (Article 78). "Royal Pleasure" formally refers to the decision of the UK Crown (in practice, the Secretary of State) on whether to assent to the Bill or not.

S

Secretary of State

The UK government minister with responsibility for the Cayman Islands and other British Overseas Territories — currently the Foreign Secretary. The Secretary of State can instruct the Governor to act contrary to Cabinet advice (Article 33) and approves certain significant decisions by the Governor.

Speaker

The presiding officer of the Legislative Assembly (Article 65), elected by Assembly members from among themselves or from qualified non-members. The Speaker chairs Assembly proceedings, maintains order, and casts a deciding vote in the event of a tie.

T

Tenure

The terms on which an office is held — how long a person holds an office and the conditions under which they can be removed. Constitutional provisions on tenure for judges (Articles 96, 101) protect their security of office, ensuring they cannot be removed arbitrarily by the executive.

V

Vesting

The formal conferring of authority or property in a person or body. For example, Article 43 says that executive authority is "vested in" the Crown — meaning the Crown formally holds it, though it is exercised through the Governor and Cabinet in practice.

W

Writ of Habeas Corpus

A court order requiring the lawful authority for a person's detention to be shown to the court. If a person is detained unlawfully, a writ of habeas corpus can secure their release. This ancient common law remedy operates alongside the constitutional rights in Article 5 (personal liberty) in the Cayman Islands.