Cayman celebrated the 17th anniversary of its constitution on Monday, 6 July, and government said the 2009 document continued to operate well.
Samuel Bulgin, the attorney general, said that one of the most important aspects of the constitution was the inclusion of the Bill of Rights, Freedoms and Responsibilities – even though it had met some resistance at the time.
He said, “As a British Overseas Territory that respects the rule of law, we have every reason to be proud of our constitution and of the way it continues to serve the Cayman Islands.
“It remains a vital instrument in safeguarding good governance, protecting fundamental human rights and promoting accountability in public life.”
Bulgin said some people were “understandably unfamiliar” with the full scope and practical benefit of such provisions in a written constitution.
But he said, “Over the past 17 years, these initial reservations have been tempered by the practical operation of the constitution and by the important body of constitutional adjudication that has developed.
“The cases that have come before the courts have demonstrated that the Bill of Rights is not confined to any particular group or class of persons but operates as a general safeguard within our constitutional framework.”
He said the decisions of public bodies could be tested and refined through the Bill of Rights and “where necessary, corrected”.
Bulgin added, “It has also assisted public officials in understanding the standards expected of them when exercising public powers.”
He said the constitution had influenced policies in areas such as private and family life, immigration and residency, equality and non-discrimination, public employment, democratic participation, fair procedures in public decision-making property rights and other civil rights.
Bulgin said the practical value of the constitution had been proven to assist in “clarifying the relationship between the state and the individual”.
He added, “The constitution reminds us that public power must be exercised lawfully, rationally, proportionately and fairly and with respect for the rights and dignity of the individual.
“At the same time, it recognises that rights exist within a broader framework of responsibilities and the public interest.”
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