Constitutional Glossary

The principal legal adviser to the government of the Cayman Islands and an ex officio member of the Legislative Assembly. The Attorney General is responsible for advising on legal matters and the administration of justice.

An independent officer responsible for auditing the accounts of government departments, statutory authorities, and government-owned companies to ensure public funds are used properly.

The legislative process by which the government obtains authority from the Legislature to spend public funds. No money may be withdrawn from the Consolidated Fund except under authority of an appropriation law.

Local advisory bodies that the Legislature is required to establish for electoral districts to assist the elected members. These councils serve as a mechanism for community-level engagement with representative democracy.

Part I of the Cayman Islands Constitution, which guarantees fundamental rights and freedoms to all persons in the territory, including the right to life, fair trial, freedom of expression, and protection from discrimination. It also imposes civic responsibilities.

The principal body responsible for the governance of the Cayman Islands, consisting of the Premier and not more than seven Ministers. The Cabinet advises the Governor and is collectively responsible to the Legislature.

A person who possesses Caymanian status under the laws of the Cayman Islands. The term is defined in Section 28 of the Constitution for purposes of the Bill of Rights.

The head of the Grand Court of the Cayman Islands and the most senior judicial officer in the territory. The Chief Justice is appointed by the Governor acting on the advice of the Judicial and Legal Services Commission.

An independent body established under Section 117 of the Constitution to promote and maintain standards of ethical conduct by public officials and investigate breaches of the code of conduct.

An independent officer established under the Constitution to investigate complaints against government departments and public authorities, serving as an ombudsman for the Cayman Islands.

The central government fund into which all revenues of the Cayman Islands are paid and from which all expenditure is drawn, subject to legislative appropriation.

The Cayman Islands Constitution Order 2009 (SI 2009/1379), the supreme law of the Cayman Islands made by Her Majesty in Council on 10 June 2009. It replaced the earlier 1972 constitution and came into force on 6 November 2009.

The appellate court of the Cayman Islands, which hears appeals from the Grand Court. It is established under Section 99 of the Constitution and is headed by a President.

The head of the Cabinet Office, who must be a Caymanian and is appointed by the Governor after consultation with the Premier. The Cabinet Secretary is responsible for arranging Cabinet business, keeping minutes of Cabinet meetings, and conveying the Cabinet's conclusions to the appropriate person or authority.

An independent body that advises the Government on constitutional matters, publishes reports and discussion papers, and promotes constitutional awareness. The Commission is not subject to the direction or control of any other person or authority.

The constitutional principle that the Cabinet is collectively responsible to the Legislative Assembly for any advice given to the Governor, and that all Ministers are collectively responsible for all measures approved by the Cabinet.

A formal change to the provisions of the Cayman Islands Constitution, enacted by Order in Council of the United Kingdom. Notable amendments include the 2016 Order (judiciary changes) and the 2020 Order (governance reforms including renaming the Legislative Assembly to Parliament).

A declaration that a court may make under Section 23 if it finds that a provision of law is incompatible with the Bill of Rights. Such a declaration does not invalidate the law but signals the need for legislative action.

An ex officio member of the Legislative Assembly who serves as the Governor's deputy and heads the civil service. The Deputy Governor acts as Governor in the Governor's absence.

One of the Ministers in the Cabinet who is designated as the Deputy Premier. The Deputy Premier is appointed from among the elected members of the Legislative Assembly and serves as second-in-command to the Premier within the executive branch.

An independent public officer with the power to institute, undertake, take over, continue, or discontinue criminal proceedings before any court in the Cayman Islands. The Director of Public Prosecutions is not subject to the direction or control of any other person or authority in the exercise of prosecutorial functions.

A commission established under the Constitution to review and recommend the boundaries of electoral districts in the Cayman Islands to ensure fair representation.

A geographical area of the Cayman Islands that elects one or more members to the Legislative Assembly. The boundaries are determined by the Electoral Boundary Commission.

Constitutional provisions that require a special procedure (such as a two-thirds majority or a referendum) to amend certain protected sections of the Constitution, particularly the Bill of Rights.

The executive power of the Cayman Islands, which is vested in the Crown and exercised on behalf of the Crown by the Government. In practice, this means the Governor acting on the advice of the Cabinet, subject to the provisions of the Constitution.

The right guaranteed under Section 7 of the Constitution to a fair and public hearing by an independent and impartial court in the determination of civil rights or criminal charges.

The right under Section 11 not to be hindered by government in the enjoyment of freedom of expression, which includes freedom to hold opinions and to receive and impart ideas and information without interference.

The constitutional commitment under Section 122 to enact legislation providing for public access to official documents held by government, subject to specified exemptions.

The right under Section 13 to move freely throughout the Cayman Islands, to reside in any part of the territory, and to leave and return to the Cayman Islands.

The right under Section 12 not to be hindered by government in the enjoyment of freedom of peaceful assembly and freedom of association, including the right to form and join political parties and trade unions.

A right protecting every person from government interference in the enjoyment of freedom of conscience. This includes freedom of thought and religion, the freedom to change one's religion or belief, and the freedom to manifest religion in worship, teaching, practice, and observance.

The representative of the Crown in the Cayman Islands, appointed by the Monarch. The Governor has responsibility for defence, external affairs, internal security, and the police, and exercises certain reserve powers.

The superior court of record for the Cayman Islands, established under Section 94 of the Constitution. It has unlimited jurisdiction in civil and criminal matters and is the primary court for constitutional cases.

An independent commission established under Section 116 of the Constitution to promote understanding and observance of human rights in the Cayman Islands and to advise the government on human rights matters.

A UK statute that provides rules for interpreting legislation, including Section 6 which states that references to the sovereign (e.g., 'Her Majesty') automatically adapt when the throne changes, without requiring amendment.

The body responsible for advising the Governor on the appointment of judges and certain legal officers in the Cayman Islands, ensuring judicial independence.

The elected legislature of the Cayman Islands (renamed Parliament by the 2020 amendment), comprising a Speaker, elected members, and ex officio members (the Deputy Governor and Attorney General).

The law-making body of the Cayman Islands, consisting of the Crown and the Legislative Assembly. The Legislature has the power to make laws for the peace, order, and good government of the Cayman Islands, and controls revenue, expenditure, and appropriation of public funds.

The leader of the members of the Legislative Assembly who are not part of the governing majority. The Leader of the Opposition is consulted by the Governor on key appointments including members of the Human Rights Commission, the Commission for Standards in Public Life, and the National Security Council.

A constitutional requirement that all decisions and acts of public officials must be lawful, rational, proportionate, and procedurally fair. Any person whose interests have been adversely affected has the right to be furnished with reasons.

A member of Cabinet appointed by the Governor on the advice of the Premier. Ministers are assigned portfolios and are responsible for specific areas of government policy.

A council established under Section 58 of the Constitution to advise the Governor on matters relating to internal security, defence, and policing in the Cayman Islands.

The right under Section 16 of the Constitution that government shall not treat any person in a discriminatory manner on grounds such as race, colour, sex, language, religion, political opinion, national or social origin, birth, or other status.

A constitutional principle prohibiting retroactive criminal law. No person may be held guilty of an offence for conduct that was not criminal when committed, and no penalty heavier than the maximum applicable at the time of the offence may be imposed.

A resolution of the Legislative Assembly, supported by the votes of not less than two-thirds of the elected members, declaring that the Assembly has no confidence in the Premier. If such a resolution passes, the Governor is required to remove the Premier from office.

The power of the Governor, acting in the Crown's name, to grant pardons, respites, or commutations of sentences to persons convicted of offences in the Cayman Islands.

The head of government of the Cayman Islands, appointed by the Governor as the elected member of the Legislative Assembly who commands the support of the majority of elected members. The Premier chairs the Cabinet.

The Judicial Committee of the Privy Council in London serves as the final court of appeal for the Cayman Islands, hearing appeals from the Court of Appeal on important legal questions.

A state declared by the Governor under Section 21 when the security or economic life of the Cayman Islands is threatened, allowing for certain temporary restrictions on rights subject to constitutional safeguards.

The body responsible for appointments, promotions, transfers, and discipline in the Cayman Islands public service, established under Part VI of the Constitution.

The right under Section 5 that no person shall be deprived of personal liberty except in specified circumstances authorised by law, such as lawful arrest or detention by court order.

An absolute right under the Bill of Rights providing that no person shall be subjected to torture or inhuman or degrading treatment or punishment. Unlike most other rights in the Constitution, this prohibition admits no exceptions or limitations.

A constitutional provision guaranteeing every child the right to protective measures appropriate to their status as a minor, from their family, government, and society. The government must ensure children have access to food, clothing, shelter, health care, and education.

A constitutional directive requiring the government to have due regard in all decisions to the health, safety, and environmental well-being of the people. The government must foster an environment not harmful to present or future generations.

Powers retained by the Governor that may be exercised without or against the advice of the Cabinet, typically relating to defence, external affairs, internal security, the police, and the public service.

The fundamental right guaranteed under Section 2 of the Constitution that every person's right to life shall be protected by law. No one may be intentionally deprived of life except in execution of a court sentence.

The right under Section 15 that government shall not deprive any person of property except where the taking is in accordance with law, necessary for a public purpose, and accompanied by fair compensation.

The formal approval by the Governor (on behalf of the Crown) required for a Bill passed by the Legislative Assembly to become law. The Governor may also reserve a Bill for the signification of the Crown's pleasure.

A constitutional right requiring the government to respect every person's right to private and family life, home, and correspondence. Government interference is permitted only where it is in accordance with law and necessary in a democratic society.

A constitutional right providing that no person shall be denied education. The government must seek to provide primary and secondary education that is, so far as possible, free.

A register maintained by the Commission for Standards in Public Life in which every member of the Legislative Assembly and every person holding prescribed public office must declare their interests, assets, income, and liabilities.

The presiding officer of the Legislative Assembly, responsible for maintaining order and procedure. The Speaker may be elected from among the members or from outside the Assembly.

The rules of procedure adopted by the Legislative Assembly for the conduct of its business, including the legislative process, debate procedures, and committee structure.