Constitution of Barbados

History

Early history

Recent history

Amendments

Some amendments

• Barbados Independence Act 1966.
• 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. - 1966/Nov/22
• Barbados Constitution Act. - 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 1OOA.
• Barbados Constitution Act, 1990. - Amendments relating primarily to the office of Judges.
• Barbados Constitution Act, 1992.
• Barbados Constitution Act, 1995 - 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 Act, 2002. - 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 Act, 2003. - Amends Constitution of Barbados. Inter alia provides for establishment, composition and jurisdiction of Caribbean Court of Justice.

  Structure

• CONSTITUTIONAL ORDER

Preamble

• Whereas the love of free institutions and of independence has always strongly characterised the inhabitants of Barbados: And Whereas the Governor and the said inhabitants settled a Parliament in the year 1639:
• And Whereas as early as 18th February, 1651 those inhabitants, in their determination to safeguard the freedom, safety and well-being of the Island, declared, through their Governor, Lords of the Council and members of the Assembly, their independence of the Commonwealth of England:
• And Whereas the rights and privileges of the said inhabitants were confirmed by articles of agreement, commonly known as the Charter of Barbados, had, made and concluded on 11th January, 1652 by and between the Commissioners of the Right Honourable the Lord Willoughby of Parham, Governor, of the one part, and the Commissioners on behalf of the Commonwealth of England, of the other part, in order to the rendition to the Commonwealth of England of the said Island of Barbados:
• And Whereas with the broadening down of freedom the people of Barbados have ever since then not only successfully resisted any attempt to impugn or diminish those rights and privileges so confirmed, but have consistently enlarged and extended them:

• § a. proclaim that they are a sovereign nation founded upon principles that acknowledge the supremacy of God, the dignity of the human person, their unshakeable faith in fundamental human rights and freedoms and the position of the family in a society of free men and free institutions;
• § b. affirm their belief that men and institutions remain free only when freedom is founded upon respect for moral and spiritual values and the rule of law;
• § c. declare their intention to establish and maintain a society in which all persons may, to the full extent of their capacity, play a due part in the institutions of the national life;
• § d. resolve that the operation of the economic system shall promote the general welfare by the equitable distribution of the material resources of the community, by the human conditions under which all men shall labour and by the undeviating recognition of ability, integrity and merit;
• § e. desire that the following provisions shall have effect as the Constitution of Barbados—

  Chapter 1: The Constitution

• Section 1
• §1. ##*This Constitution is the supreme law of Barbados and, subject to the provisions of this Constitution, if any other law is inconsistent with this Constitution, this Constitution shall prevail and the other law shall, to the extent of the inconsistency, be void.

  Chapter 2: Citizenship

• Becoming a citizen on Independence day. Born in Barbados on or after. Born outside Barbados on or after. Registration. Dual nationality. Legislation. Interpretation.

1. #*Persons who become citizens on 30 November 1966
2. #*Person entitled to be registered as citizens
3. #*Persons born in Barbados after 29 November 1966
4. #*Persons born outside Barbados after 29 November 1966
5. #*Marriage to citizen of Barbados
6. #*Renunciation of citizenship
7. #*Commonwealth citizens
8. #*Powers of Parliament
9. #*Interpretation

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

• Fundamental rights and freedoms; rights to life, personal liberty, law, inhuman treatment, slavery and forced labour, arbitrary search and entry; freedom of movement, conscience, expression, assembly and association; privacy, work, racial discrimination, deprivation of property. Provisions for public emergencies, protection of detained persons under emergency laws. Enforcement. Existing laws. Interpretation and savings.

1. #*Fundamental rights and freedoms of the individual
2. #*Protection of right to life
3. #*Protection of right to personal liberty
4. #*Protection of freedom of expression
5. #*Protection of freedom of assembly and association
6. #*Protection of freedom of movement
7. #*Protection from discrimination on grounds of race, etc.
8. #*Enforcement of protective provisions
9. #*Time of emergency
10. #*Saving of existing law
11. #*Interpretation

    Chapter 4: The Governor-General

• Establishment. Acting Governor-General. Oath. Deputy's functions. Exercise. Information on matters of government.

1. #*Establishment of office of Governor General
2. #*Acting Governor General
3. #*Deputy to Governor General
4. #*Personal staff of Governor - General
5. #*Exercise of Governor - General's functions
6. #*Oaths to be taken by Governor General

   Chapter 5: Parliament

PART 1: Composition of Parliament

• Establishment, House of Assembly, Senate, Clerks to Houses.

1. #*Establishment of Parliament
2. #*Senate
3. #**Qualifications for membership of Senate
4. #**Disqualifications for membership of Senate
5. #**Tenure of seats of Senators
6. #**President and Deputy President of Senate
7. #*House of Assembly
8. #**Electoral law
9. #**Qualifications for membership of the Assembly
10. #**Disqualifications for membership of the Assembly
11. #**Tenure of seats of members of Assembly
12. #*Determination of questions of membership of Senate and Assembly
13. #*Filling of Casual Vacancies in Senate and Assembly

    PART 2: Powers and Procedure of Parliament

• Legislative power and alteration of Constitution, Procedure and Oath, Voting, Bills and Quorums.

1. #*Power to make laws
2. #*Alteration of this Constitution
3. #*Regulation or procedure in Parliament
4. #*Presiding in Senate
5. #*Quorum of Senate
6. #*Voting in Senate
7. #*Introduction of Bills, etc.
8. #*Restriction on powers of Senate as to Money Bills
9. #*Restrictions on powers of Senate as to Bills other than Money Bills
10. #*Provisions relating to section 54, 55 and 56
11. #*Assent to Bills
12. #*Oath of allegiance
13. #*Session of Parliament

    PART 3: Summoning, Prorogation and Dissolution

• Prorogation and Dissolution, General Elections, Electoral and Boundaries Commission, electoral divisions.

1. #*Prorogation and Dissolution of Parliament
2. #*General Election and Appointment of Senators

   Chapter 6: The Executive Powers

• Executive authority. Prime Minister, Performance of functions during absence or illness. Ministers of Government and portfolio allocation. Attorney General. Performance of ministerial functions. Cabinet. Ministers of State. Oath taken by Ministers, etc. Leader of the Opposition. Permanent Secretaries and Cabinet Secretary. Control of public prosecutions. Constitution of offices, etc. Prerogative of mercy. Procedure in capital cases. Barbados Privy Council.

1. #*Executive authority of Barbados
2. #*Cabinet
3. #*Appointment of Ministers
4. #*Tenure of office of Ministers
5. #*Performance of Prime Minister's functions in certain events
6. #*Temporary Ministers
7. #*Oaths to be taken by Ministers
8. #*Presiding in Cabinet
9. #*Governor General to be informed concerning matters of government
10. #*Assignment of responsibilities to Ministers
11. #*Parliamentary Secretaries
12. #*Leader of the Opposition
13. #*Certain vacancies in office of Leader of Opposition
14. #*Privy Council
15. #*Proceedings of Privy Council
16. #*Prerogative of Mercy
17. #*Establishment of office of Attorney-General and functions of Director of Public Prosecutions

    Chapter 7: The Judicature

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

• Establishment of Supreme Court, Court of Appeal. Supreme Court. Court of Appeal. Originally, appeals to Her Majesty in Council; appeals to Privy Council since abolished by several Barbados Constitution Bills and replaced with the Caribbean Court of Justice.

1. #*Establishment of Supreme Court
2. #*Appointment of Judges
3. #*Acting Judges
4. #*Oaths to be taken by Judges
5. #*Tenure of office of Judges

   PART 2: APPEALS

Chapter 8: The Public Service

PART 1. THE SERVICES COMMISSIONS

• Public Services Commission.

1. #*Establishment and composition of Judicial and legal Service Commission
2. #*Establishment and composition of Public Service Commission
3. #*Establishment and composition of Police Service Commission
4. #*Procedure of Commissions

   PART 2. APPOINTMENT, REMOVAL AND DISCIPLINE OF PUBLIC OFFICERS

• Appointment of public officers and other civil servants.

1. #*Appointment, etc., of judicial and legal officers
2. #*Appointment, etc., of public officers
3. #*Delegation of powers under section 94
4. #*Appointment, etc., of members of the Police Force
5. #*Delegation of powers under section 96
6. #*Appeals to privy Council in disciplinary matters
7. #*Appointment of permanent secretaries and certain other public officers
8. #*Appointment, etc., of principal representatives abroad and subordinate staff
9. #*Appointment, etc., of Director of Public Prosecutions
10. #*Appointment, etc., of Auditor General

    PART 3. PENSIONS

• Pensions. Gratuity and retirement

1. #*Protection of pension rights
2. #*Grant and withholding of pensions, etc.

   PART 4. MISCELLANEOUS

• Discipline.

1. #*Removal from office of certain persons
2. #*Protection of Commissions, etc., from legal proceedings

   Chapter 9: FINANCE

• Consolidated Revenue Fund, Contingencies Fund. Remuneration, public debt and audit.

1. #*Consolidated Fund
2. #*Estimate
3. #*Authorization of expenditure
4. #*Meeting expenditure from consolidated Fund
5. #*Public debt
6. #*Remuneration of Governor General and certain other officers
7. #*Establishment of office and functions of Auditor-General

   Chapter 10: MISCELLANEOUS AND INTERPRETATION

• Code of Conduct. National Symbols. Appointments. Removal and Resignations. Consultation. National Seal. Interpretation.

1. #*Appointments
2. #*Resignations
3. #*Vacation of office on attaining a prescribed age
4. #*Interpretation

   FIRST SCHEDULE -Oaths

• Oath of Allegiance; Governor-General; Prime Minister/Minister/Parliamentary Secretary; Director of Public Prosecutions; Judicial Oath ; Judicial Oath for Judges of the Caribbean Court of Justice

  SECOND SCHEDULE - Provisions Relating to Certain Tribunals

• Tribunal vacancies, Records keeping, Brokering divided votes, rules creation and protection from liability, parity to Supreme Court, summons, disruption of proceedings, protection from self-incrimination

  THIRD SCHEDULE - RULES RELATING TO THE CONSTITUENCIES

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.