Constitution (Amendment) (No. 2) Act, 2021 | |
---|---|
Parliament of Barbados | |
| |
Citation | Act 2021–22 |
Territorial extent | Barbados |
Passed by | House of Assembly of Barbados |
Passed | 28 September 2021 |
Passed by | Senate of Barbados |
Passed | 6 October 2021 |
Royal assent | 7 October 2021 |
Signed by | Sandra Mason (Governor-General of Barbados) |
Commenced | 11 October 2021 (section 7) 30 November 2021 (other sections) |
Legislative history | |
First chamber: House of Assembly of Barbados | |
Bill citation | Constitution (Amendment) (No. 2) Bill, 2021 |
Introduced by | Mia Mottley (Prime Minister of Barbados) |
Introduced | 20 September 2021 |
First reading | 28 September 2021 |
Second reading | 28 September 2021 |
Second chamber: Senate of Barbados | |
First reading | 29 September 2021 |
Second reading | 6 October 2021 |
Related legislation | |
Barbados Independence Act 1966 | |
Keywords | |
Republicanism, Head of state, Diplomatic credentials, Commonwealth membership criteria | |
Status: Current legislation |
The Constitution (Amendment) (No. 2) Act, 2021 is an act that amended the Constitution of Barbados to replace the Monarchy of Barbados as the country's Head of State with the office of the President of Barbados thereby transitioning its form of governance from a monarchy to a republic. Under the Act all of the functions previously performed by the Monarch and their Governor-General were transferred to the president. The amendment was passed on the 6 October 2021 with its commencement via proclamation being 11 October 2021 (section 7) and 30 November 2021 (other sections). [1] [2] [3] [4] Its long title was:
An Act to alter the Constitution in order
(a) to provide for Barbados to become a republic with a President who shall be Head of State of Barbados; and
(b) to provide for related matters.
Barbados became an independent nation state on 30 November 1966, having previously been a British colony. Like many other former colonies, Barbados became a Commonwealth realm, with Elizabeth II as Queen of Barbados.
In September 2020, the Barbados Labour Party government of Prime Minister Mia Mottley announced in its Throne Speech that Barbados would become a republic by November 2021. [5] [6] The Barbados Labour Party held a two-thirds majority in both houses of the Barbadian Parliament (including all but one lower house seat), enough to approve a constitutional amendment. [7] [8] If the plan was successful, it meant that Barbados would cease to be a Commonwealth realm, but would maintain membership in the Commonwealth of Nations. [9] [10]
The Bill was introduced to the House of Assembly of Barbados on 20 September 2021 and had its first and second reading on the 28 September 2021. The Bill was then passed that same day and sent to the Senate the following day on the 29th where it had its first reading that day and its second reading on 6 October 2021. It was then signed into law on the 7 October 2021 by Governor-General Sandra Mason.
Then Opposition senator Caswell Franklyn, while supportive of the transition to a republic, criticized the bill stating that a new constitution "should be drawn up" to facilitate the transition instead of an amendment to the Barbados Independence Act 1966, further adding that the process was "rushed". [12]
A head of state is the public persona of a state or sovereign state. The specific naming of the head of state depends on the country's form of government and separation of powers; the head of state may be a ceremonial figurehead or concurrently the head of government and more.
The president of India is the head of state of the Republic of India. The president is the nominal head of the executive, the first citizen of the country, as well as the supreme commander of the Indian Armed Forces. Droupadi Murmu is the 15th and current president, having taken office from 25 July 2022.
A commander-in-chief or supreme commander is the person who exercises supreme command and control over an armed force or a military branch. As a technical term, it refers to military competencies that reside in a country's executive leadership, a head of state, head of government, or other designated government official.
The president of Sri Lanka is the head of state and head of government of the Democratic Socialist Republic of Sri Lanka. The president is the chief executive of the union government and the commander-in-chief of the Sri Lanka Armed Forces. The powers, functions and duties of prior presidential offices, in addition to their relation with the Prime minister and Government of Sri Lanka, have over time differed with the various constitutional documents since the creation of the office. The president appoints the Prime Minister of Sri Lanka who can command the confidence of the Parliament of Sri Lanka.
The governor-general of Barbados was the representative of the Barbadian monarch from independence in 1966 until the establishment of a republic in 2021. Under the government's Table of Precedence for Barbados, the governor-general of Barbados was regarded as being the most important of all personnel of the Barbados government.
The president of the Republic of Trinidad and Tobago is the head of state of Trinidad and Tobago and the commander-in-chief of the Trinidad and Tobago Defence Force. The office was established when the country became a republic in 1976, before which the head of state was the Queen of Trinidad and Tobago, Elizabeth II. The last governor-general, Sir Ellis Clarke, was sworn in as the first president on 1 August 1976 under a transitional arrangement. He was formally chosen as president by an electoral college consisting of members of both houses of Parliament on 24 September 1976, which is now celebrated as Republic Day.
From 1910 to 1961 the Union of South Africa was a self-governing country that shared a monarch with the United Kingdom and other Dominions of the British Empire. The monarch's constitutional roles were mostly delegated to the Governor-General of the Union of South Africa.
The state known today as Ireland is the successor state to the Irish Free State, which existed from December 1922 to December 1937. At its foundation, the Irish Free State was, in accordance with its constitution and the terms of the Anglo-Irish Treaty, governed as a constitutional monarchy, in personal union with the monarchy of the United Kingdom and other members of what was then called the British Commonwealth. The monarch as head of state was represented in the Irish Free State by his Governor-General, who performed most of the monarch's duties based on the advice of elected Irish officials.
The Constitution Act 1936 was an amendment to the Constitution of the Irish Free State that removed all reference to the King, to the office of Governor-General, and almost completely eliminated the King's constitutional role in the state. Under the Act most of the functions previously performed by the King and his Governor-General were transferred to various other organs of the Irish government. The only role retained by the King was as representative of the state in foreign affairs. The amendment passed through the Oireachtas at the same time as the External Relations Act, becoming law on 11 December 1936. Its long title was:
An Act to effect certain amendments of the Constitution in relation to the executive authority and power and in relation to the performance of certain executive functions.
The monarchy of Australia is a key component of Australia's form of government, by which a hereditary monarch serves as the country's sovereign and head of state. It is a constitutional monarchy, modelled on the Westminster system of parliamentary democracy, while incorporating features unique to the constitution of Australia.
The Cook Islands are a constitutional monarchy within the Realm of New Zealand. Under the Cook Islands Constitution, the Sovereign in Right of New Zealand has been Head of State of the Cook Islands since 4 August 1965. The Sovereign is represented by the King's Representative; as such, the King is the de jure head of state, holding several powers that are his alone, while the King's Representative is sometimes referred to as the de facto head of state. The viceregal position is currently held by Tom Marsters.
The monarchy of Jamaica is a system of government in which a hereditary monarch is the sovereign and head of state of Jamaica. The current Jamaican monarch and head of state, since 8 September 2022, is King Charles III. As sovereign, he is the personal embodiment of the Jamaican Crown. Although the person of the sovereign is equally shared with 14 other independent countries within the Commonwealth of Nations, each country's monarchy is separate and legally distinct. As a result, the current monarch is officially titled King of Jamaica and, in this capacity, he and other members of the royal family undertake public and private functions domestically and abroad as representatives of the Jamaican state. However, the monarch is the only member of the royal family with any constitutional role.
On 30 November 2021, Barbados transitioned from a parliamentary constitutional monarchy under the hereditary monarch of Barbados to a parliamentary republic with a ceremonial indirectly elected president as head of state. The prime minister remained head of government while the last governor-general, Dame Sandra Mason, was elected as the country's first president on 20 October 2021, and took office on 30 November 2021.
The monarchy of Barbados was a system of government in which a hereditary monarch was the sovereign and head of state of Barbados from 1966 to 2021. Barbados shared the sovereign with the other Commonwealth realms, with the country's monarchy being separate and legally distinct. The monarch's operational and ceremonial duties were mostly delegated to her representative, the governor-general of Barbados.
The Constitution of Australia is the fundamental law that governs the political structure of Australia. It is a written constitution, that establishes the country as a federation under a constitutional monarchy governed with a parliamentary system. Its eight chapters sets down the structure and powers of the three constituent parts of the federal level of government: the Parliament, the Executive Government and the Judicature.
The Perth Agreement was made in Australia in 2011 by the prime ministers of what were then the sixteen states known as Commonwealth realms, all recognising Elizabeth II as their head of state. The document agreed that the governments of the realms would amend their laws concerning the succession to their shared throne and related matters. The changes, in summary, comprised:
The Constitution of Barbados is the supreme law under which Barbados is governed. The Constitution provides a legal establishment of the Government of Barbados, as well as legal rights and responsibilities of the public and various other government officers. The Constitution which came into force in 1966 was amended in 1974, 1980, 1981, 1985, 1989, 1990, 1992, 1995, 2000, 2002, 2003, 2005, 2007, 2009, 2010, 2018, 2019, 2020 and 2021. The 1966 document succeeds several other documents concerning administration of Barbados. One of them, the Barbados Charter, is discussed in the present Constitution's Preamble. Prior statutes were created for the administration of Barbados as a colony. As a former English and later British colony, the Constitution is similar to those of other former Commonwealth realms, yet distinctly different in the spirit of the Statute of Westminster.
From 1960 to 1963, Nigeria was a sovereign state and an independent constitutional monarchy. Nigeria shared the monarch with Australia, Canada, United Kingdom, and certain other sovereign states. The monarch's constitutional roles were mostly delegated to the governor-general of Nigeria.
Events in the year 2021 in Barbados.
The president of Barbados is the head of state of Barbados and the commander-in-chief of the Barbados Defence Force. The office was established when the country became a parliamentary republic on 30 November 2021. Prior to that date, the head of state was Elizabeth II, Queen of Barbados, who was represented on the island by a governor-general. The final person to hold that position, Sandra Mason, is currently serving as Barbados' first president.