The Constitution of Barbados | |
---|---|
Overview | |
Jurisdiction | Barbados |
Ratified | 22 November 1966 |
Date effective | 30 November 1966 |
System | Parliamentary monarchy (before 2021) Parliamentary republic |
Government structure | |
Branches | |
Head of state | President, elected by Parliament |
Chambers | |
Executive | Prime minister–led cabinet responsible to the House of Assembly |
Judiciary | See Judiciary of Barbados |
Last amended | 2021 |
The Constitution of Barbados is the supreme law under which Barbados is governed. [1] 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, [2] 1980, 1981, 1985, 1989, 1990, 1992, 1995, 2000, 2002, 2003, [3] 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.
In 1625 the English landed at Barbados and carved the term 'For King James of E. and this island' on a tree, then some personal items were left behind, and the ship's crew returned to England to notify The Crown and to seek initial settlers. In 1627 the initial settlers landed at Barbados and formed a colony based entirely on common law. As the population of Barbados grew a General Assembly was created and began to draft laws. After conflict in England erupted during the English Civil War, and large numbers of English settlers moved to Barbados, the General Assembly began the practice of creating a distinctly Barbados-based administration based upon the plantocracy class.
As a constituent province of the West Indies Federation, Barbados became independent of the United Kingdom on 30 November 1966 under the Barbados Independence Act 1966. Elizabeth II issued an Order in Council, the Barbados Independence Order 1966, which formally enacted the present constitution. On 30 November 2021, Sandra Mason became the first President of Barbados, replacing Queen Elizabeth as head of state, with Barbados transitioning to a republic. [4] [5]
The Constitution may be amended by Act of Parliament. Amendments to certain defined clauses require the support of two thirds of all the members of each House. [6]
The Constitution of Barbados, is divided into a preamble, 10 parts and four schedules. [16] They are set out as below.
According to the Constitution:
Now, therefore, the people of Barbados:
Comprises sections 2–10.
Comprises sections 11–27. (Based upon European Convention on Human Rights )
Comprises sections 28-34H.
Largest chapter, covering sections 35–62.
Comprises sections 35–47.
Comprises sections 48–59.
Comprises sections 60–62.
Sections 63-79(A).
Comprises sections 79(B)-88.
Sections 79(B)-84.
Sections 85–88. • Right to appeal judicial decisions, decisions of CCJ are final and cannot be appealed or enquiry in any tribunal or other court.
Comprises sections 89–106.
Sections 89-92(§3).
Sections 93–102.
Sections 103–104.
Sections 105–106.
Sections 107–113.
Sections 114–117.
Sections 1–11.
Sections 1–2.
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An Act to alter the Constitution in order
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(b) to provide for related matters.