Constitution of Barbados

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The Constitution of Barbados
Overview
Jurisdiction Barbados
Ratified 22 November 1966 (1966-11-22)
Date effective 30 November 1966 (1966-11-30)
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 amended2021

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.

Contents

History

Early history

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.

Recent history

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]

Amendments

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]

Some amendments

  • Barbados Independence Act 1966 (Cap. 37).
  • Constitutional law 1966/Nov/17 - Includes the Barbados Independence Order, 1966 which establishes the judiciary, judicial procedures and parliament. The Constitution is included in the Schedule to the Order.
    • Chapter 1 stipulates that the Constitution is the supreme law
    • Chapter 2 Citizenship
    • Chapter 3 Protection of fundamental rights and freedoms of the individual
    • Chapter 4 The Governor-General
    • Chapter 5 Parliament
    • Chapter 6 Executive powers
    • Chapter 7 The judicature
    • Chapter 8 The public service
    • Chapter 9 Finance
    • Chapter 10 Miscellaneous and interpretation
  • Barbados Independence Order 1966 (No. 1455). - 1966/Nov/22 (Date of entry into force: 1966-11-30)
  • Barbados Constitution (First Amendment) Act (L.R.O. 1978). [7] - Amends a large number of sections in the Constitution including: sections 3, 6, 7, 13, 22, 27, 37, 38, 39, 43, 44, 45, 79, 81, 82, 84, 89, 94, 95, 96, 97, 99, 100, 104, 105, 106, 112, 113, 117. In addition, the following new sections are inserted into the Constitution: 79A, 89A, 93A and 93B and 100A.
  • Barbados Constitution (Second Amendment) Act, 1990. [8] - Amendments relating primarily to the office of Judges.
  • Barbados Constitution (Third Amendment) Act, 1992. [9]
  • Barbados Constitution (Fourth Amendment) Act, 1995 (No. 2 of 1995) [10] - Inserts a new section 112A on remuneration of public officers and soldiers which provides that the salaries and allowances payable to the holders of offices established under the Civil Establishment Act and the Defence Act shall not be altered to their disadvantage.
  • Barbados Constitution (Fifth Amendment) Act, 2002 (No. 14). [11] - Amends Sections 15, 23 and 78 of Constitution. Establishes that imposition of mandatory sentence of death or execution thereof shall not be inconsistent with Section 15 of Constitution. Also provides for transfer between Barbados and other countries of persons detained in prisons, hospitals or other institutions by virtue of orders made in the course of the exercise by courts or tribunals of their jurisdiction.
  • Barbados Constitution (Sixth Amendment) Act, 2003 (2003–10). [12] - Amends Constitution of Barbados. Inter alia provides for establishment, composition and jurisdiction of Caribbean Court of Justice.
  • Constitution (Amendment) (No. 2) Act, 2021. [13] Introduced the office of President of Barbados, to replace the role of Elizabeth II, Queen of Barbados.

Structure

The Constitution of Barbados, is divided into a preamble, 10 parts and four schedules. [14] They are set out as below.

Preamble

According to the Constitution:

Now, therefore, the people of Barbados:

Chapter 1: The Constitution

Chapter 2: Citizenship

Comprises sections 2–10.

      • Persons who become citizens on 30 November 1966
      • Person entitled to be registered as citizens
      • Persons born in Barbados after 29 November 1966
      • Persons born outside Barbados after 29 November 1966
      • Marriage to citizen of Barbados
      • Renunciation of citizenship
      • Commonwealth citizens
      • Powers of Parliament
      • Interpretation

Chapter 3: Protection of Fundamental Rights and Freedoms of the Individual

Comprises sections 11–27. (Based upon European Convention on Human Rights )

      • Fundamental rights and freedoms of the individual
      • Protection of right to life
      • Protection of right to personal liberty
      • Protection of freedom of expression
      • Protection of freedom of assembly and association
      • Protection of freedom of movement
      • Protection from discrimination on grounds of race, etc.
      • Enforcement of protective provisions
      • Time of emergency
      • Saving of existing law
      • Interpretation

Chapter 4: The President

Comprises sections 28-34H.

      • Office of President and Head of State
      • Qualification
      • Disqualifications
      • Determination of certain questions
      • Election of President
      • Acting President
      • Term of office
      • Conditions of office
      • Vacation of office
      • Removal from office
      • Procedure for removal from office
      • Oath
      • Personal staff of President
      • Exercise of President's functions
      • Immunities of President

Chapter 5: Parliament

Largest chapter, covering sections 35–62.

PART 1: Composition of Parliament

Comprises sections 35–47.

      • Establishment of Parliament
      • Senate
        • Qualifications for membership of Senate
        • Disqualifications for membership of Senate
        • Tenure of seats of Senators
        • President and Deputy President of Senate
      • House of Assembly
        • Electoral law
        • Qualifications for membership of the Assembly
        • Disqualifications for membership of the Assembly
        • Tenure of seats of members of Assembly
      • Determination of questions of membership of Senate and Assembly
      • Filling of Casual Vacancies in Senate and Assembly

PART 2: Powers and Procedure of Parliament

Comprises sections 48–59.

  • Legislative power and alteration of Constitution, Procedure and Oath, Voting, Bills and Quorums.
      • Power to make laws
      • Alteration of this Constitution
      • Regulation or procedure in Parliament
      • Presiding in Senate
      • Quorum of Senate
      • Voting in Senate
      • Introduction of Bills, etc.
      • Restriction on powers of Senate as to Money Bills
      • Restrictions on powers of Senate as to Bills other than Money Bills
      • Provisions relating to section 54, 55 and 56
      • Assent to Bills
      • Oath of allegiance
      • Session of Parliament

PART 3: Summoning, Prorogation and Dissolution

Comprises sections 60–62.

      • Prorogation and Dissolution of Parliament
      • General Election and Appointment of Senators

Chapter 6: The Executive Powers

Sections 63-79(A).

      • Executive authority of Barbados
      • Cabinet
      • Appointment of Ministers
      • Tenure of office of Ministers
      • Performance of Prime Minister's functions in certain events
      • Temporary Ministers
      • Oaths to be taken by Ministers
      • Presiding in Cabinet
      • Governor General to be informed concerning matters of government
      • Assignment of responsibilities to Ministers
      • Parliamentary Secretaries
      • Leader of the Opposition
      • Certain vacancies in office of Leader of Opposition
      • Privy Council
      • Proceedings of Privy Council
      • Prerogative of Mercy
      • Establishment of office of Attorney-General and functions of Director of Public Prosecutions

Chapter 7: The Judicature

Comprises sections 79(B)-88.

PART 1: The Caribbean Court of Justice, the Supreme Court and the Magistrate's Courts

Sections 79(B)-84.

      • Establishment of Supreme Court
      • Appointment of Judges
      • Acting Judges
      • Oaths to be taken by Judges
      • Tenure of office of Judges

Part 2: appeals

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.

Chapter 8: The Public Service

Comprises sections 89–106.

Part 1. The Services Commissions

Sections 89-92(§3).

  • Public Services Commission.
      • Establishment and composition of Judicial and legal Service Commission
      • Establishment and composition of Public Service Commission
      • Establishment and composition of Police Service Commission
      • Procedure of Commissions

Part 2. Appointment, Removal and Discipline of Public Officers

Sections 93–102.

  • Appointment of public officers and other civil servants.
      • Appointment, etc., of judicial and legal officers
      • Appointment, etc., of public officers
      • Delegation of powers under section 94
      • Appointment, etc., of members of the Police Force
      • Delegation of powers under section 96
      • Appeals to privy Council in disciplinary matters
      • Appointment of permanent secretaries and certain other public officers
      • Appointment, etc., of principal representatives abroad and subordinate staff
      • Appointment, etc., of Director of Public Prosecutions
      • Appointment, etc., of Auditor General

Part 3. Pensions

Sections 103–104.

  • Pensions. Gratuity and retirement
      • Protection of pension rights
      • Grant and withholding of pensions, etc.

Part 4. Miscellaneous

Sections 105–106.

  • Discipline.
      • Removal from office of certain persons
      • Protection of Commissions, etc., from legal proceedings

Chapter 9: Finance

Sections 107–113.

      • Consolidated Fund
      • Estimate
      • Authorization of expenditure
      • Meeting expenditure from consolidated Fund
      • Public debt
      • Remuneration of Governor General and certain other officers
      • Establishment of office and functions of Auditor-General

Chapter 10: MISCELLANEOUS AND INTERPRETATION

Sections 114–117.

      • Appointments
      • Resignations
      • Vacation of office on attaining a prescribed age
      • Interpretation

First Schedule - Oaths

Second Schedule - Provisions Relating to Certain Tribunals

Sections 1–11.

Third schedule - Rules Relating to the Constituencies

Sections 1–2.

    1. The electorate shall, so far as practicable, be equal in all constituencies: Provided that the electorate in any constituency shall, so far as practicable, not exceed 115%, nor be less than 85%, of the total electorate divided by the number of constituencies.
    2. Natural boundaries such as highways and rivers shall be used wherever possible.

See also

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References

  1. Constitution of Barbados, Chapter 1, Section 1.
  2. 1974 Amendment
  3. 2003 Amendment
  4. "Barbadians celebrate the birth of a republic and bid farewell to the Queen". Archived from the original on 30 November 2021. Retrieved 30 November 2021.
  5. Safi, Michael (30 November 2021). "Barbados parts way with Queen and becomes world's newest republic". The Guardian. Retrieved 30 November 2021.
  6. "Barbados 1966 (rev. 2007), Sections 48 and 49". Constitute.
  7. Source:
  8. Supplement to Official Gazette, 1990-07-05, No. 17, pp. 1-5
  9. Source: Supplement to Official Gazette, No. 18, pp. 1-2
  10. Source: Official Gazette, Supplement, 1995-03-06, p. 2
  11. Source: Official Gazette, 2002-09-05, No. 74, pp. 1-3
  12. Source: Official Gazette, 2003-04-24, No. 34, pp. 1-8
  13. Source: "Barbados Parliament Bills Archive". www.barbadosparliament.com. Archived from the original on 8 October 2021. Retrieved 8 October 2021.
  14. "Barbados 1966 (rev. 2007)" (PDF). Constitute. Retrieved 24 March 2020.

Further reading