Laws of Jamaica and their overviews
Jamaica operates under a common law system inherited from British colonial rule. The Constitution of Jamaica (1962), enacted at independence, is the supreme law of the land.
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Jamaica retains the Privy Council as its final court, a point of ongoing national debate
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The Charter of Fundamental Rights and Freedoms (2011) updated and strengthened the Bill of Rights
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Certain laws reflect a mix of British statute, local legislation, and common law precedent
For anyone in the diaspora dealing with Jamaican legal matters — property, estates, family, or business — working with a licensed Jamaican attorney is essential, as local procedure and statute interpretation can differ significantly from US, Canada or UK law.
Public Law
1. Constitutional Law The supreme law of Jamaica. The Constitution of Jamaica
(1962, as amended by the Charter of Fundamental Rights and Freedoms
Constitutional Amendment Act, 2011) guarantees fundamental rights and
freedoms, including property rights, equality before the law, and freedom
from discrimination.
2. Criminal Law Governs offences against the state and individuals — covering
crimes such as murder, assault, robbery, drug trafficking, sexual offences, and
firearm-related crimes.
3. Administrative Law Governs the exercise of power by government bodies
and public authorities, including judicial review of administrative decisions.
4. Human Rights Law Closely tied to constitutional law, addressing the
protection of fundamental freedoms and rights under both domestic and
international frameworks. Judges consider international legal norms and
treaties as they adjudicate cases, particularly in matters relating to human
rights and trade.
5. International Law Upon gaining independence in 1962, Jamaica joined
the United Nations and is subject to the jurisdiction of the International
Court of Justice.
Private / Civil Law
6. Contract Law Governs agreements between parties — formation, breach,
remedies, and enforcement.
7. Tort Law Deals with civil wrongs that cause harm or injury, leading to legal
liability — including negligence, defamation, and trespass.
8. Property Law Regulates the ownership, transfer, and use of land and other
assets. This includes conveyancing and registration of title.
9. Family Law Covers laws related to marriage, divorce, children's rights,
guardianship, custody, maintenance, and domestic violence.
10. Succession Law Deals with inheritance, wills, and estate administration.
11. Equity and Trusts A body of law developed to supplement common law,
covering fiduciary duties, trusts, and equitable remedies.
Commercial Law
12. Company and Commercial Law Covers company formation, governance,
commercial transactions, and provides counselling services to institutions
including banks, trust corporations, building societies, and credit unions.
13. Banking and Finance Law Covers the regulatory aspects of banking and
finance transactions, acting on both borrower and lender sides.
14. Intellectual Property Law Part of commercial law, covering intellectual
property rights. Includes trademarks, copyright, and patents.
15. Insolvency and Bankruptcy Law Governs the winding up of companies
and individual bankruptcy proceedings.
16. Insurance Law Covers insurance matters, including regulatory
compliance and dispute resolution.
17. Capital Markets and Securities Law Covers capital markets and private
equity investments, as well as M&A transactions.
18. Real Estate / Conveyancing Law Covers real estate transactions,
administration of estates, and trusts.
Specialized Areas
19. Labour and Employment Law Governs the relationship between employers
and employees, including contracts of employment, dismissal, and labour disputes.
20. Immigration Law Regulates the entry, stay, and removal of non-nationals in Jamaica.
21. Environmental Law Governs the protection of Jamaica's natural resources and
compliance with environmental regulations.
22. Tax Law Governs income tax, corporate tax, stamp duty, transfer tax, and other
fiscal obligations.
23. Telecommunications and Technology Law Covers telecommunications and
technology as a distinct practice area, including data protection.
24. Maritime Law Relevant given Jamaica's island geography — covers shipping,
ports, and marine commerce.
25. Evidence Law Governs the rules on admissibility and weight of evidence in
both civil and criminal cases.
26. Arbitration and Alternative Dispute Resolution (ADR) Covers resolution
of disputes outside the courts through litigation, arbitration, and related mechanisms.