What Is the Constitutional Commission and What Does It Do?

Constitutions are not meant to be frozen in time. As societies change, as rights evolve, and as governance challenges emerge, constitutions need to be reviewed and sometimes updated. In the Cayman Islands, one of the institutions built specifically for this purpose is the Constitutional Commission.

Here is what the Constitutional Commission is, what it does, and why it matters.

The Constitutional Basis: Section 118

Section 118 of the Cayman Islands Constitution establishes the Constitutional Commission. It sits within Chapter 8 — "Institutions Supporting Democracy" — alongside the Human Rights Commission, the Commission for Standards in Public Life, and other key oversight bodies.

The Constitutional Commission's core mandate is to:

• Keep the Constitution under review
• Educate the public about the Constitution and their constitutional rights
• Make recommendations about constitutional amendments and improvements

This makes the Commission a unique body: part educator, part watchdog, part adviser to the legislature and government on constitutional matters.

Why Does the Constitution Need Reviewing?

The Cayman Islands Constitution came into force in November 2009. Like all constitutions, it was designed for the world as it was at that time — but the world changes. Issues that arise after a constitution is written may not be fully addressed by its provisions.

The Constitutional Commission provides a structured way to identify gaps, problems, and opportunities for improvement. It can:

• Identify provisions that are working poorly in practice
• Consider whether new rights or protections should be added
• Assess whether the balance of powers between institutions is appropriate
• Review whether the Constitution reflects evolving standards of human rights and democratic governance

Without a body like the Constitutional Commission, constitutional review would happen only reactively — when a problem becomes a crisis or a court case forces the issue.

Composition of the Commission

The Constitutional Commission is appointed by the Governor, in consultation with the Premier and the Leader of the Opposition. This cross-party consultation requirement reflects the constitutional nature of the Commission's work — it should not be a partisan body serving only the government of the day.

Commissioners are typically:

• Senior legal professionals
• Community leaders with expertise relevant to constitutional matters
• Representatives of civil society

They serve for fixed terms and are expected to exercise their functions independently.

Public Education: A Core Function

One of the most distinctive aspects of the Constitutional Commission is its public education mandate. The Commission is not just a body of experts talking to other experts — it is specifically tasked with helping the public understand the Constitution.

This includes:

• Publishing explanatory materials about constitutional provisions
• Conducting outreach programmes in schools and communities
• Answering public questions about constitutional rights
• Making the Constitution accessible to non-lawyers

This reflects a fundamental principle: a constitution is only effective as a protector of rights if the people it is meant to protect actually know what it says. Constitutional literacy is a prerequisite for constitutional democracy.

Making Recommendations for Change

The Constitutional Commission can make recommendations for constitutional amendments. These recommendations go to the government and the Legislature — the Commission does not have the power to change the Constitution directly.

Constitutional amendments in the Cayman Islands require:

1. The Commission's consideration and recommendations
2. Legislative process (the Legislature may need to approve changes)
3. UK government action (constitutional changes are made by Order in Council — a form of royal decree — from the UK Privy Council)

This multi-step process means constitutional amendments are not made lightly. The Commission provides the expert analysis and public interest perspective that should inform any changes.

Relationship with the Human Rights Commission

The Constitutional Commission and the Human Rights Commission (Section 116) work in related but distinct areas. The Human Rights Commission deals primarily with investigating and promoting individual human rights in day-to-day situations. The Constitutional Commission looks at the broader constitutional framework itself.

In practice, the two commissions may consult each other. If the Human Rights Commission identifies a pattern of rights violations that suggests the law needs changing, the Constitutional Commission might review whether constitutional changes are needed.

The Commission and Constitutional Interpretation

Courts — particularly the Grand Court — are the ultimate interpreters of the Constitution in specific cases. But the Constitutional Commission can contribute to the broader conversation about what constitutional provisions mean and how they should be understood.

The Commission can publish reports and opinions on constitutional questions. While not binding on courts, these can be persuasive and contribute to the development of constitutional thinking in the Cayman Islands.

A Hypothetical: Reviewing Rights for a Changing Population

Imagine that significant demographic changes in the Cayman Islands — including a growing elderly population — raise questions about whether age discrimination should be explicitly prohibited in the Constitution (currently age is not a listed protected ground in Section 16).

How would the Constitutional Commission respond?

1. The Commission might commission research into the extent of age discrimination in Cayman
2. It would consult with affected communities, advocacy groups, and legal experts
3. It might produce a public report examining the question
4. Based on the evidence and consultation, it might recommend to the government and Legislature that Section 16 be amended to add age as a protected ground
5. If the recommendation is accepted, the government would seek a constitutional amendment through the UK Order in Council process

This process ensures that constitutional change is evidence-based, publicly informed, and properly deliberated — not rushed through in response to political pressure.

Public Consultations

A key part of the Constitutional Commission's work involves public consultations — structured processes for gathering input from the Caymanian public on constitutional questions.

These consultations might be:

• Written submissions invited from the public
• Public meetings in different districts
• Targeted engagement with specific groups (young people, business community, civil society)
• Online surveys and interactive tools

Public consultation is how the Commission ensures that constitutional review reflects the views and values of the people the Constitution is meant to serve — not just those of legal specialists.

The Commission's Role After 2009

The 2009 Constitution represented a significant step forward for Cayman's self-governance. But it was understood from the beginning as a framework that would need review and development over time.

Some areas identified as potentially requiring future review include:

• The scope and enumeration of fundamental rights
• Electoral system arrangements
• The balance between the Governor's reserved powers and self-governance
• The institutional framework for democracy and accountability

The Constitutional Commission provides the mechanism for these reviews to happen in an orderly, evidence-based, publicly engaged way.

In Practice: Accessing the Constitutional Commission

Unlike courts, which require formal legal proceedings, the Constitutional Commission is intended to be accessible to ordinary people. If you have a concern about a constitutional matter — how a provision is being interpreted, whether there is a gap in the constitutional framework, or simply a question about what the Constitution means — you can engage with the Commission.

The Commission publishes its reports and recommendations publicly, meaning citizens can see what it has been working on and what changes it has proposed.

FAQ: The Constitutional Commission

Can the Constitutional Commission change the Constitution? No. It can only recommend changes. Actual constitutional amendments require government action and UK approval through an Order in Council.

Can I contact the Constitutional Commission with concerns? Yes. The Commission engages with public input as part of its education and review functions.

How often does the Commission meet? The Commission meets regularly as part of its work programme. The frequency of formal meetings varies depending on the issues under review.

Is the Constitutional Commission the same as the Human Rights Commission? No. The Human Rights Commission investigates individual human rights complaints and promotes rights in practice. The Constitutional Commission reviews the constitutional framework itself and educates the public about it.

Has the Constitutional Commission resulted in any changes to the Constitution? The Commission's work feeds into the ongoing dialogue about constitutional development. Specific changes require the full constitutional amendment process involving the UK government.

Conclusion

The Constitutional Commission is one of the most thoughtful elements of the Cayman Islands' constitutional architecture. By building in a permanent institution dedicated to reviewing and explaining the Constitution, the 2009 Constitution acknowledged something important: a living democracy needs ongoing constitutional reflection, not just a one-time document.

Engaging with the Constitutional Commission — whether as a student learning about your rights, a concerned citizen raising a constitutional issue, or a lawyer advising on a constitutional question — is part of what makes constitutional democracy real.

---

Related articles: How the 2009 Constitution Changed the Cayman Islands | The Cayman Islands Constitution: A Complete Guide | Protection from Discrimination in the Cayman Islands