Decolonizing Constitutional Governance in the Commonwealth Caribbean: Unshackling Caribbean Constitutions from Their Reformative Strictures

Abstract From the 1960s to the 1980s, the UK effectuated the decolonization process throughout the Commonwealth Caribbean. During this process, the UK played a significant role in drafting the constitutions of its former Caribbean colonies transitioning to independence. These constitutions were intended to guide these states in navigating their newfound statehood. While the UKhas never adopted a written constitution, which has afforded consecutive UK governments the flexibility with which to govern, Commonwealth Caribbean countries were saddled with UK-drafted postcolonial constitutions, which have constrained their governance. To consummate the decolonial mission, there have been reverberative calls across the Caribbean for the reformation of Caribbean constitutions. This article seeks to illustrate that the specter of colonialism continues to permeate Commonwealth Caribbean constitutionalism. While the benefits of having a written constitution cannot be denied, the inflexibility of these postcolonial constitutions—for instance, the requirements for amendment—continues to pose significant challenges for Caribbean countries. Moreover, it posits that these countries have come of age, enabling them to revisit and reform their constitutions to reflect their twenty-first-century needs. The article acknowledges that decolonization of Caribbean constitutions, which entails a people-oriented approach to constitutional reform, is direly needed given that the people were generally excluded from the formation of their constitutions.