Constitution of Barbados

Updated on Jan 08, 2024

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The Constitution of Barbados is the supreme law under which Barbados is governed. The Constitution provides a legal establishment of the structure and various roles of administration of the Queen of Barbados (often referred to as The Crown, and represented by the Governor-General), 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, 1978, 1990, 1992, 1995, 2002 and 2003. 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 Commonwealth realms, yet distinctly different in the spirit of the Statute of Westminster. In recent years there has been some dialogue on whether Barbados should undertake a process of patriating the constitution to cease the foundation being a 1966 Act of the British House of Commons.

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.

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.

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.

Some amendments

Barbados Independence Act 1966 (Cap. 37).Sianni Broomes

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). - 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 (Second Amendment) Act, 1990. - Amendments relating primarily to the office of Judges.

Barbados Constitution (Third Amendment) Act, 1992.

Barbados Constitution (Fourth Amendment) Act, 1995 (No. 2 of 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 (Fifth Amendment) Act, 2002 (No. 14). - 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). - Amends Constitution of Barbados. Inter alia provides for establishment, composition and jurisdiction of Caribbean Court of Justice.

Parts of the Constitution

The Constitution of Barbados consists of the following 14 parts:

CONSTITUTIONAL ORDER

PREAMBLE

CHAPTER I- The Constitution
2. 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 II- Citizenship
2. Persons who become citizens on 30 November 1966
3. Person entitled to be registered as citizens
4. Persons born in Barbados after 29 November 1966
5. Persons born outside Barbados after 29 November 1966
6. Marriage to citizen of Barbados
7. Renunciation of citizenship
8. Commonwealth citizens
9. Powers of Parliament
10. Interpretation
CHAPTER III- Protection of Fundamental Rights and Freedoms of the Individual

(Based upon European Convention on Human Rights)

2. Fundamental rights and freedoms of the individual
3. Protection of right to life
4. Protection of right to personal liberty
5. Protection of freedom of expression
6. Protection of freedom of assembly and association
7. Protection of freedom of movement
8. Protection from discrimination on grounds of race, etc.
9. Enforcement of protective provisions
10. Time of emergency
11. Saving of existing law
12. Interpretation
CHAPTER IV- The Governor General
2. Establishment of office of Governor General
3. Acting Governor General
4. Deputy to Governor General
5. Personal staff of Governor - General
6. Exercise of Governor - General's functions
7. Oaths to be taken by Governor General
CHAPTER V- Parliament
2. Establishment of Parliament
3. Senate
4. Qualifications for membership of Senate
5. Disqualifications for membership of Senate
6. Tenure of seats of Senators
7. President and Deputy President of Senate
8. House of Assembly
9. Electoral law
10. Qualifications for membership of the Assembly
11. Disqualifications for membership of the Assembly
12. Tenure of seats of members of Assembly
13. Determination of questions of membership of Senate and Assembly
14. Filling of Casual Vacancies in Senate and Assembly
15. Power to make laws
16. Alteration of this Constitution
17. Regulation or procedure in Parliament
18. Presiding in Senate
19. Quorum of Senate
20. Voting in Senate
21. Introduction of Bills, etc.
22. Restriction on powers of Senate as to Money Bills
23. Restrictions on powers of Senate as to Bills other than Money Bills
24. Provisions relating to section 54, 55 and 56
25. Assent to Bills
26. Oath of allegiance
27. Session of Parliament
28. Prorogation and Dissolution of Parliament
29. General Election and Appointment of Senators
CHAPTER VI- Executive Powers
2. Executive authority of Barbados
3. Cabinet
4. Appointment of Ministers
5. Tenure of office of Ministers
6. Performance of Prime Minister's functions in certain events
7. Temporary Ministers
8. Oaths to be taken by Ministers
9. Presiding in Cabinet
10. Governor General to be informed concerning matters of government
11. Assignment of responsibilities to Ministers
12. Parliamentary Secretaries
13. Leader of the Opposition
14. Certain vacancies in office of Leader of Opposition
15. Privy Council
16. Proceedings of Privy Council
17. Prerogative of Mercy
18. Establishment of office and functions of Director of Public Prosecutions
CHAPTER VII- The Judicature
2. Establishment of Supreme Court
3. Appointment of Judges
4. Acting Judges
5. Oaths to be taken by Judges
6. Tenure of office of Judges
CHAPTER VIII- The Public Service
2. Establishment and composition of Judicial and legal Service Commission
3. Establishment and composition of Public Service Commission
4. Establishment and composition of Police Service Commission
5. Procedure of Commissions
6. Appointment, etc., of judicial and legal officers
7. Appointment, etc., of public officers
8. Delegation of powers under section 94
9. Appointment, etc., of members of the Police Force
10. Delegation of powers under section 96
11. Appeals to privy Council in disciplinary matters
12. Appointment of permanent secretaries and certain other public officers
13. Appointment, etc., of principal representatives abroad and subordinate staff
14. Appointment, etc., of Director of Public Prosecutions
15. Appointment, etc., of Auditor General
16. Protection of pension rights
17. Grant and withholding of pensions, etc.
18. Removal from office of certain persons
19. Protection of Commissions, etc., from legal proceedings
CHAPTER IX- Finance
2. Consolidated Fund
3. Estimate
4. Authorization of expenditure
5. Meeting expenditure from consolidated Fund
6. Public debt
7. Remuneration of Governor General and certain other officers
8. Establishment of office and functions of Auditor General
CHAPTER X- Miscellaneous and Interpretation
2. Appointments
3. Resignations
4. Vacation of office on attaining a prescribed age
5. Interpretation
FIRST SCHEDULE- Oath
SECOND SCHEDULE- Provisions Relating to Certain Tribunals

References

Constitution of Barbados Wikipedia

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