Constitution of Barbados

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.
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.
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.
Structure.
The Constitution of Barbados, is divided into a preamble, 10 parts and four schedules. They are set out as below.
Preamble.
According to the Constitution:
Now, therefore, the people of Barbados:
Chapter 2: Citizenship.
Comprises sections 2-10.
Chapter 3: Protection of Fundamental Rights and Freedoms of the Individual.
Comprises sections 11-27. (Based upon "European Convention on Human Rights")
Chapter 4: The Governor-General.
Comprises sections 28-34.
Chapter 5: Parliament.
Largest chapter, covering sections 35-62.
PART 1: Composition of Parliament.
Comprises sections 35-47.
PART 2: Powers and Procedure of Parliament.
Comprises sections 48-59.
PART 3: Summoning, Prorogation and Dissolution.
Comprises sections 60-62.
Chapter 6: The Executive Powers.
Sections 63-79(A).
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.
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).
PART 2. APPOINTMENT, REMOVAL AND DISCIPLINE OF PUBLIC OFFICERS.
Sections 93-102.
PART 3. PENSIONS.
Sections 103-104.
PART 4. MISCELLANEOUS.
Sections 105-106.
Chapter 9: FINANCE.
Sections 107-113.
Chapter 10: MISCELLANEOUS AND INTERPRETATION.
Sections 114-117.
SECOND SCHEDULE - Provisions Relating to Certain Tribunals.
Sections 1-11.
THIRD SCHEDULE - RULES RELATING TO THE CONSTITUENCIES.
Sections 1-2.