Chapter 1 - The Constitution
The Bahamas is a completely independent and self-ruling country. The Constitution is the Supreme Law in The Bahamas. If any other laws contradict the constitution, that law will be void.
Chapter 2 - Citizenship
Note*** The word “father” only counts if the person’s parents are married. If the person was born out of wedlock, the word “mother” is meant.***
People Born Before July 9, 1973
The following people are automatically citizens of The Bahamas on July 10, 1973 unless they officially declare to not be:
Anyone born on The Bahamas before July 10, 1973
A citizen of the United Kingdom (including its colonies) whose father was born in The Bahamas.
People who were registered in The Bahamas under the British Nationality Act of 1948.
In order to qualify, the person must have been living in The Bahamas and registered before January 1, 1973 and could not be a citizen of another country.People who were naturalised in the Bahamas when it was still a colony.
The following people have the right to apply for citizenship but must renounce any other citizenship they may have.
Any woman who, on July 9, 1973, is or was married to a person born in The Bahamas.
Any person living in The Bahamas who has Bahamian status under the Immigration Act of 1967. These people must apply before July 19, 1974. A woman married to a person in this category can also apply.
People born After July 9, 1973
Any person born in wedlock in The Bahamas to at least one Bahamian parent is a citizen.
A person Born in The Bahamas to non-Bahamian parents can apply for citizen when they turn 18 and before they turn 19. They will have to renounce any other citizenship they may have.
People born outside of the Bahamas whose father is a Bahamian because he was born in The Bahamas or because he became a Bahamian citizen are citizens. Bahamian men who were born outside of The Bahamas to a Bahamian father cannot pass on citizenship to children born outside of The Bahamas.
People born in wedlock outside of The Bahamas to a Bahamian mother and foreign father are not automatically Bahamian. They can apply for citizenship and must renounce any other citizenship they may have.
A woman who is married to a Bahamian can apply for citizenship and will not have to renounce any other citizenship she may have.
The Governor General can revoke the citizenship of any Bahamian who chooses to become a citizen of another country, unless the person became a citizen through marriage.
Any Bahamian over the age of 21 can officially renounce their Bahamian citizenship if they have another citizenship or plans to get another citizenship. However, if the person was planning to get another citizenship but does not within 6 months they will remain a Bahamian.
Parliament can pass laws to give citizenship to anyone, deny or revoke citizenship to anyone who applies, and give certification of citizenship.
A person born on a ship or aircraft will be officially born in the country where the ship or aircraft was registered. If the ship belongs to a government, the person will officially be born in the country of that government.
If a person is born after the death of their father, their citizenship will be based on whateverit would have been if their father was alive.
Chapter 3 - The Fundamental Rights and Freedoms
Note*** These rights apply to ALL humans in The Bahamas, not just citizens. The government has the right to deny rights and freedoms in order to protect the public security, during times of war or crisis, and in order to protect the public welfare. However, the measures taken must be reasonable within a free and democratic society. In some cases, laws that existed before Independence may still be in effect, even if they contradict these rights.***
Every person in The Bahamas is entitled to human rights and freedoms as long as they do not impinge on the rights of others and does not hurt the public interest. Everyone is entitled to the following rights, regardless of race, citizenship, political opinions, colour, religion, and sex.
Life, freedom, security, and protection of the law.
Freedom of religion, expression, freedom to meet, associate and gather.
Privacy of his or her home and property. No one can have their property taken without compensation.
Exceptions to Rights and Freedoms
Note***Below are guidelines in place to protect rights and the guidelines that limit these rights for the protection of others and the protection of the public interest.***
No person may be intentionally killed. Unless that person was convicted of a crime and sentenced to death by the courts.
If the law decides that the force used was reasonable and justifiable, a person may be killed in the following situations:
In order to protect someone’s life or property
During a lawful arrest or to stop someone from escaping from lawful detainment
To suppress a riot, insurrection or mutiny
To stop them from committing a crime
During war
No one may be tortured or forced to endure inhumane or degrading treatment or punishment, unless the kind of torture, treatment, or punishment was legal before Independence.
No person may be held in slavery or be forced to perform labour. Exceptions are:
If the person was sentenced to labour by the court.
If the person is a member of a discipline force and the labour is a part of his or her duties. Or any labour that a person has to do because he or she in a conscientious objector.
If the person is lawfully detained and the labour is needed for hygiene or maintenance of the place where they are detained.
Any reasonable labour needed during a public emergency or any other threat to the public well-being.
When A Person Can Be Arrested Or Detained
The only time a person can be deprived of his or her personal freedom is when it is authorised by law in the following circumstances:
When convicted of a crime and sentenced in a court of any country. This includes if the person is found to be in contempt of court or if he or she was unfit to plead.
When fulfilling a court order.
In order to make sure he or she appears in court.
If there is a reasonable suspicion that he or she has or will commit a crime.
If the person is under 18 and it's for their protection, education or welfare.
To prevent the spread of a infectious disease or In order to provide treatment for someone with mental illness or drug/alcohol addiction.
To prevent unlawful entry to The Bahamas or remove someone here illegally. Or to prevent a foreigner from leaving a specific area or going into a specific area, according to the law.
Rights When You Are Arrested
Any person who is detained must be told why they are being detained in a language that they understand.
They have the right to choose a lawyer and meet with that lawyer privately. If the person is under 18, they must be given time to speak to their parents or guardian.
If a person is arrested because they are suspected of a crime must be brought to court as soon as possible. If not, they must be released.
Any person unlawfully arrested or detained by anyone will be entitled to compensation.
When a person is lawfully detained:
They must be given a written statement of the reason within 5 days. The statement must be in a language they understand.
A notification of the arrest and the legal reasons must be published in the Gazette within 14 days.
Every 3 months they can request that their case be reviewed. The case will then be reviewed within 1 month by an impartial Tribunal. The tribunal will be comprised of the Chief Justice and Supreme Court Justices.
They will be given a space to meet with their lawyer and can give statements to the Tribunal.
The tribunal can make recommendations about the person's detainment to the authority that ordered it. However, the authority may not have to comply.
Every 30 days, the Prime Minister will report on the number of people detained to the House of Assembly.
People Charged With A Crime
Any person charged with a crime will be given a fair trial by a legal and impartial court.
Any person charged with a crime:
Is innocent until they plead or are proven guilty
Must be told what they are charged with in a language they understand
Must be given time and facilities to prepare their defence.
Has the right to defend themselves or pay someone to defend them. If the law allows it, they may get a lawyer paid for by the public.
Can bring witnesses to the court and examine any witnesses called by the prosecution.
Can have an interpreter if they does not speak the language.
Has the right to a trial by jury. The person must be present at the trial unless they choose not to be or behaves in a way that hinders the trial.
A person on trial can pay for a copy of any of the trial's record or proceedings.
No one can be charged with a crime if the act was committed before it was illegal. No person can be given a harsher punishment for a crime then was possible at the time the crime was committed.
No one can be tried twice for the same crime or for any other crime that they could have been tried for during a previous trial unless they lose an appeal.
No one can be convicted of a crime if they have already been pardoned for that crime.
No one can be forced to give evidence at their own criminal trial.
All courts must be independent and impartial. All cases brought before a court must be given a fair hearing in a reasonable time.
All court proceedings related to civil rights or obligations must be held in public. The decision must also be announced in public.
Members of the public can be kept out of a trial:
If it is a preliminary hearing
If publicity may cause prejudice or hinder the proceedings
If it is a matter of public morality
To protect the private lives of people involved
To protect minors
To protect public defence, safety or order.
If the court is following rules or laws that existed since before independence
Laws can be made that require defendants to be responsible for proving certain facts.
Laws can be made that impose conditions on witnesses for the defendant if the witness is paid by the public.
A member of a disciplined force can be tried again for the same crime under the laws of that force. However, any time or punishment already served must be taken into account.
General Rights and Freedoms for Everyday Life
*****These rights cannot be taken away unless a person chooses to give them up. The government may contravene these rights in order to protect public defence, safety, order, morality, or health, or to protect the right of another person.
Any exception must be reasonable within a free and democratic society.
People who hold government offices or are members of a disciplined force may have restrictions on these rights.****
No one can come on your property or search your property without permission.
Authorities can deny this right in the following situations. However, they must still act in a way that is justifiable in a democratic country.
If it's reasonably necessary for public defence, safety, order morality, or health
For town and country planning
For public use or benefit
To develop mineral resources
To protect the rights and freedoms of other people
In order to investigate matters related to taxes or dues
In order to inspect items that belong to the government
To enforce a judgement or court order
Freedom of Religion
Unless a person gives up this right, everyone has the freedom of religion, this includes:
1. Freedom of religion and freedom to change religious beliefs
2. Freedom to worship, teach, and practice their religion in private and public, alone and in a group.
No one can be forced to receive religious instruction or attend any religious ceremony while attending class or school. However, if the person is under 18, a parent or guardian can decide this for them.
Religious bodies can provide religious teachings in schools, even if they receive government funding for education.
No one can be forced to take any oath that opposes their beliefs or religion.
Exceptions can be made to protect public safety, order, morality and/or health.
Exceptions can also be made to protect the right of another person to practice their religion. These exceptions must be reasonable, however.
Freedom of Expression
Unless a person gives up this right, everyone has the freedom of expression which includes:
Freedom to have opinions
Freedom to receive and share ideas and information without interference.
Exceptions can be made to protect public safety, order, morality and/or health.
Exceptions are also made:
To protect the rights and reputations of others
To prevent the spreading of confidential information
To maintain the integrity of the courts
To regulate telecommunications, posts, broadcasting, public exhibitions and public entertainment
Exceptions also apply to people who hold government offices or are a part of a disciplined force. .
Freedom to Gather
No one can be stopped from freely gathering and associating with others. This includes:
Political parties
Trade unions
Other groups to protect a person’s interests
Exceptions can be made to protect public safety, order, morality and/or health and to protect the rights of others.
Exceptions also apply to people who hold government offices or are a part of a disciplined force.
Freedom of Movement
All people have freedom of movement throughout The Bahamas including the freedom to live anywhere in The Bahamas and enter and leave The Bahamas. No one can be forced to leave the Bahamas.
Exceptions:
In the interest of town and country planning
To prevent the spread of animal and/or plant diseases
To protect the rights and freedoms of others
To remove a person to be tried for a crime in another country or to serve prison time for a crime they are convicted of in another country.
Restricting where a public officer or member of a disciplined force lives in order for them to perform their duties
To restrict a non-Bahamian from entering the country and when removing a non-Bahamian from the country
To stop a person from leaving the Bahamas if it is in the public's interest. Or because of an international obligation that Parliament has approved
Lawful detention of a person is permitted.
Public officers and members of disciplined forces will have written guidelines created by the government which will be considered their "law".
Discrimination
No discriminatory laws can be enacted, and no one can be discriminated against because of the law or by any public officer based on the following characteristics:
Race
Place of Origin
Political Opinions
Colour
Creed
Exceptions to this can be made when dealing with the following matters:
In the collection of government revenue, fees, licences, or when levying taxes.
Foreigners’ ability to work, engage in business, or move residences.
Adoption, marriage, divorce, burial, property inheritance, or other matters of personal law
When discrimination is justifiable in a democratic society
When restricting licences for any form of gambling to Bahamians and allowing licences for foreigners.
When setting standards for qualifications for being a public officer. However, these qualifications cannot be specifically based on race, place of origin, political opinions, colour, or creed.
No one can be denied access to any place that is open to the public because of their race, place of origin, political opinions, colour, or creed. However, Bahamians can be denied access to gaming houses.
No one can be discriminated against in matters of property being offered for public sale or lease.
Property Rights
Property cannot be taken by force unless ALL of the following criteria are met:
Taking the property is necessary for public defence, health, safety, order, or morality, or town and country planning for the benefit of the community.
It is needed so badly that it is worth the hardship that will be caused to the owner
The owner is promptly and adequately compensated
Owners have the same right to appeal as any other civil court case.
This does not apply to property taken because of the following reasons:
Overdue taxes
For a penalty for breaking the law
Reasons listed in a legal contract
Property being illegally transported into or out of the Bahamas.
Because a sample is needed for legal reasons
It is an animal that is trespassing or straying
Because of a judgement
It is dilapidated or dangerous to the health of humans, animals or plants
Laws that relate to the validation of land titles
In order to complete work on conservation of natural resources or necessary agricultural development
Laws that allow the taking or administration of enemy property during war
The administration of property belonging to someone who died, someone of unsound mind, or someone under 21 years old. In these cases the person who owns it should still benefit from the property.
The taking or administration of property of a bankrupt person or defunct business so that entitled people can benefit
When creating a trust.
Laws regarding tenants and licensees of land and the commercial use of the land can be different.
Property owned by public corporations can be taken over in the public interest.
If a person feels like their rights over their property are being denied they have the right to go to the Supreme Court.
"Proclamation of Emergency"
A state of emergency is declared when the Governor General makes a "Proclamation of Emergency". Certain laws and rights can be contravened by the Government during such times but it must be reasonable given the situation.
The Proclamation of Emergency must be tabled in the House of Assembly and the Senate within 5 days. If the emergency takes place when the government is dissolved the Governor General can decide to have a general election within 7 days or the former government members will meet.
The Proclamation of Emergency lasts for 14 days, unless the Governor General recalls it. The House of Assembly and the Senate can agree to extend it for up to 6 months at a time.
Chapter 4 - The Governor General
In This Chapter
The Bahamas must have a Governor General who represents the King. The Governor General is appointed by the King and can be removed at anytime by the King.
If the Office of the Governor General is vacant, the King can appoint a capable person or the Chief Justice can serve in the office. If the King does not appoint anyone and the Chief Justice is away the President of the Senate can perform the Governor General's duties.
If the Governor General is out of the country or ill, the Prime Minister can choose a deputy Governor General to serve for a specified amount of time. The duties of the deputy can be specified and the deputy must follow any instructions given by the Governor General. Actions performed by the Deputy cannot be questioned in court. The actual Governor General will still have all of their power and the deputy can be removed at any time.
Governor General Staff
Parliament decides the positions and salaries of the Governor General's staff and these people will be paid out of the public purse. The Governor General has full control over who to put in the positions and any disciplinary actions necessary. Staff members of the Governor General are considered "public officers".
If the Governor General chooses a public officer to be on their staff, the person will not perform the duties of their previous office. Any decisions or disciplinary actions made by the Governor General cannot effect the person's previous position. The Public Service Commission can request that a staff member of the Governor General leave in order to fill a position in the public service, but the Governor General can deny the request.
The Governor General will keep the Public Seal for use when necessary.
The Governor General must take an oath before entering office.
Chapter 5 - Parliament
Part 1 Composition of Parliament
The Bahamas must have a Parliament that consists of the King, the Senate and the House of Assembly.
Part 2 The Senate
There are 16 Senators:
1. Nine chosen by the Prime Minister
2. Four chosen by the Leader of the Opposition
3. Three more chosen by the Prime Minister after consultation with the Leader of the Opposition.
The Prime Minister must make sure that the Senators represent the political balance of the House of Assembly.
Whenever a Senator leaves their position, the person who chose them will choose the replacement as soon as possible.
Only Bahamians over the age of 30 who have been living in the Bahamas for a year can be Senators. Senators must take an oath of allegiance before taking office.
No one can be a Senator if they:
1. Voluntarily became a citizen of another country
2. Are willingly under the allegiance of foreign power
3. Are a member of the House of Assembly
4. Is declared bankrupt
5. Are certified to be insane or if unsound mind
6. Have a prison sentence longer than 12 months, has been sentenced to death, or has a suspended prison sentence. This does not include prison sentences received because of not paying a fine.
7. Are disqualified from serving in the House of Assembly because they have been convicted of a crime related to elections.
8. Have not informed the Governor General of any interest they have in any Government contract
In addition to the reasons above, the Government can pass a law that disqualifies people who hold a certain office and people in the armed forces or police force.
Senators must stop performing duties immediately if any of the above happens after they are appointed, but has 30 days before they have to vacate the seat. They can appeal the need to step down and the President of the Senate can give them extensions up to 150 days. Longer extensions must be approved by the Senate. If the matter is resolved the Senator can return to their duties. If the Senator loses the appeal they must step down.
Other times Senators must step down are when:
1. Parliament is dissolved.
2. They give a resignation letter to the President of the Senate.
3. They accept a nomination for the House of Assembly.
4. They are out of the country for more than 40 days while the Senate is sitting without permission from the President. The President can give permission for a Senator to be out of the country up to six months at a time.
5. They are no longer a Bahamian.
6. The person who chose them revokes the appointment.
7. They become interested in a government contract. However, if they declare the interest the Senate may allow them to stay. The Senator can also be allowed to stay if they convince the court that they did not know that they had interest in a government contract.
When the Senate meets for the first time, the first order of business is to elect a Senator to be the President of the Senate. Whenever the seat of the President is vacant, another Senator must be elected as soon as possible. A Senator cannot be President or Vice-President if they are a Minister or Parliamentary Secretary. Elections for President and Vice-President can take place before the Senators are sworn in.
The President can resign by announcing it to the Senate. The Vice-President can resign by writing to the President or the Clerk. If a person is unable to perform the duties of a Senator they will also be unable to serve as President or Vice-President. If the person resumes duties as a Senator, they can resume duties as the President or Vice-President.
The Vice-President steps in if the President is unavailable. If there is no Vice-President one can be elected.
The Supreme Court will deal with questions related to if a Senate appointment is valid and whether or not a Senator should step down. Parliament can create laws and procedures specifically related to these matters.
Part 3 The House of Assembly
The House of Assembly will have at least 38 members who are called Members of Parliament (MP). MPs must take an oath of allegiance before taking office.
No one can be an MP who:
1. Is under the age of 21
2. Was not living in The Bahamas for at least 1 year when nominated
3. Voluntarily became the citizen of another country
4. Is willingly under the allegiance of a foreign power
5. Is declared Bankrupt in The Bahamas
6. Is certified to be insane or of unsound mind
7. Has a prison sentence longer than 12 months, has been sentenced to death, or has a suspended prison sentence. This does not include prison sentences received because of not paying a fine.
8. Has been convicted of an offence related to elections.
9. Is a Senator
10. Has interest in a Government contract and has not declared the interest in the Gazette within one month of the election.
MPs must stop performing duties immediately if any of the above happens after they are appointed, but has 30 days before they have to vacate the seat. They can appeal the need to step down and the President of the Senate can give them extensions up to 150 days. Longer extensions must be approved by the House of Assembly. If the matter is resolved the MP can return to their duties. If the MP loses the appeal they must step down.
Parliament can pass laws that also make the following people ineligible to be MPs:
1. Someone who holds a position that gives them any responsibility for an election or an electoral register.
2. Someone who holds a position that the law specifies.
3. Members of any armed force or the Police Force in The Bahamas.
MPs must vacate their seat when:
1. Parliament is dissolved.
2. They give a resignation letter to the Speaker of the House.
3. They are absent from the House against the rules of Procedure of the House.
4. They are no longer a Bahamian.
5. They become interested in a government contract. However, if they declare the interest the House of Assembly may allow them to stay. They can also be allowed to stay if they convince the court that they did not know that they had interest in a government contract.
When the House meets for the first time, the first order of business is to elect MPs to be the Speaker of the House and the Deputy Speaker of the House. Whenever the seat of Speaker or Deputy Speaker is vacant, another MP must be elected as soon as possible. An MP cannot be Speaker or Deputy Speaker if they are a Minister or Parliamentary Secretary. Elections for the Speaker and Deputy Speaker can take place before MPs are sworn in.
The Speaker and Deputy Speaker continue to serve when Parliament is dissolved until House's next sitting.
The Speaker and Deputy Speaker must step down if:
1. They are no longer an MP
2. They resign by announcing it in the house or writing a letter to the Clerk of the House.
If a person is unable to perform the duties of an MP they will also be unable to serve as Speaker or Deputy Speaker. If the person resumes duties as an MP, they can resume duties as the Speaker or Deputy.
The Deputy steps in if the Speaker is unavailable. If there is no Deputy one can be elected.
Election Court
The Election Court consists of two Supreme Court Justices appointed by the Chief Justice. If 2 Justices are not available the Chief Justice will appoint one Justice and the Chief Magistrate or a Stipendiary Magistrate and a Circuit Magistrate.
The Election Court deals with questions of whether or not an MP was validly elected or if an MP should have to step down.
Part 4 Powers and Procedures of Parliament
Parliament can pass laws for the peace, order and good governance of the Bahamas. After a Bill is approved by the House of Assembly and the Senate, it is approved by the Governor General and becomes law.
Parliament can determine the privileges, immunities, and powers of the Senate, House of Assembly, and their members.
No civil court order can be served or acted on inside of the Senate or House of Assembly while they are sitting.
Changes to the Constitution
Changes can be made to the Constitution and the Bahamas Independence Act of 1973, if the changes are approved by the House of Assembly and the Senate and then get the majority of votes in favour in a public referendum. Only people qualified to vote in a general election are eligible to vote in the referendum.
Parliament must get 2/3 of votes in favour from both the House of Assembly and the Senate before having a referendum to change the following areas of the Constitution:
1. The nature of the office of the Governor General
2. Qualifications and tenure of Senators and MPs
3. Matters concerning the Public Service and its officers
4. Matters concerning the Judicial and Legal Service commission
5. Matters concerning Pensions and Finance
Parliament must get 3/4 of votes in favour from both the House of Assembly and the Senate before having a referendum to change the following areas of the Constitution:
1. Any part of the Bahamas Independence Act, 1973
2. The nature of the Constitution
3. Citizenship
4. Rights and Freedoms of Individuals
5. The establishment and composition of Parliament
6. How the Constitution is changed
7. Restrictions of Senate of Money Bills and other Bills
8. Matters related to elections and constituencies
9. The nature of the Executive
10. Matters related to the Courts
11. Interpretations of "Court of Appeal", "Public Service" and other terms if related to any matters above.
Other laws and decisions passed by Parliament will not be assumed to be trying to change the Constitution unless Parliament says that it is.
Parliament Procedures
The House of Assembly and the Senate can create their own guidelines for procedures, as long as they do not contradict anything stated in the Constitution.
The House of Assembly and the Senate can continue to conduct business if some positions are vacant. If someone is present who is not qualified to be the proceedings will still be valid.
The President will be in charge of Senate sessions.
The Speaker is in charge of each sitting of the House of Assembly.
If there is no quorum after a certain amount of time, the sitting will be adjourned.
The quorum for the Senate is 6, including the President.
The quorum for the House of Assembly is 10, including the Speaker. The number can be increased by an order from the Governor General.
Unless stated otherwise, all questions will be decided on based on the majority of votes.
The President or Speaker only votes in order to break a tie or in questions related to a change in the constitution or Independence Act.
Any MP or Senator can introduce a Bill, petition, or topic of conversation to the House of Assembly or the Senate, as long as it is not prohibited by the guidelines or the Constitution.
Money Bills and All Other Bills
Money Bills are bills that focus public revenue, expenditure, taxes and other areas that directly affect the public purse.
If the Speaker feels as though a bills deals with new or increased taxes, removing money from public funds, or negatively effects debts owed to the country, the Bill can only proceed if recommended by Cabinet.
A money bill cannot to be introduced in the Senate. The Senate can only discuss such bills after they are approved by the House of Assembly.
If the Senate dos not approve a money Bill within one month of receiving it from the House of Assembly, the House of Assembly can send it directly to the Governor General for approval. This only applies to Money Bills sent more than one month before the close of the session.
All Bills must have a certificate signed by the Speaker. Money Bills and other Bills sent directly to the Governor General must have a certificate signed by the Speakers that confirms that all procedures were followed.
Any Bill passed without changes by the House of Assembly in two consecutive sessions (even if Parliament was dissolved between those sessions) and rejected both times by Senate can be sent directly to the Governor General for approval. This only applies to Money Bills sent more than one month before the close of the session and there must be at least 9 months between the first approval and the second approval. The House of Assembly can recommend changes to the Senate, and the Senate can also make changes. The bill will not be considered a "new bill". Changes made by the Senate must be included in the Bill sent to the Governor General. This does not apply to Bills that change the Constitution.
All other Bills must be approved by the House of Assembly and the Senate. All Bills must be signed by the Governor General before they become law.
Chapter 5 - Summoning, Prorogation, and Dissolution of Parliament
The Governor General decides the time and place that Parliament meets. Parliament must meet at least once every 12 months. The Prime Minister can tell the Governor General to prorogue (suspend) or dissolve Parliament at any time.
If there is no Prime Minister and no other MP has the confidence of the majority, then the Governor General must dissolve Parliament. A General Election must be held within 90 days of Parliament being dissolved. Senators must be selected as soon as possible after an election.
Parliament must be dissolved within five years of its first sitting. If the country is at war Parliament can be extended past the five years for up to 12 months at a time. However, the extension cannot go on longer than two years. If there's a state of emergency while Parliament is dissolved, the Prime Minister can tell the Governor General to reinstate it so that it can meet until the next election. If a MP seat is vacated more than four months before Parliament is dissolved an election to fill the seat must be held within 60 days.
Chapter 6 – Constituencies
The Bahamas will be divided into at least 38 Constituencies and each constituency will have one MP. The number of constituencies can be increased.
Constituencies Commission
There must be a Constituencies Commission which has the following members. Any member will have to vacate their seat if they no longer hold the position that made them eligible to be on the Commission.
1. Speaker of the House, Chair
2. A Supreme Court Justice, who is the Deputy Chair, chosen by the Chief Justice.
3. Two MPs, chosen by the Prime Minister.
4. One other MP, chosen by the Leader of the Opposition.
All decisions made by the Commission must have at least 3 votes in favour. If members are absent the Commission can still meet but all decisions made must still have at least three votes in favour. The proceedings of the Commission are not necessarily invalided if an unqualified person is present.
The Commission will review the constituencies at least once every five years and submit a report to the Governor General. When the Commission begins its review it will notify the Prime Minister who will publish the notice in the Gazette. The Commission should try to make sure that:
1. The number of eligible voters in each constituency is roughly the same
2. The MP will be able to maintain contact with the people if the area is sparsely populated
3. The size, physical features, natural boundaries, and isolation of the areas are taken into consideration
Any recommended changes must be tabled at the House of Assembly as soon as possible. The Governor General can make changes the Commissions recommendations and can allow the Prime Minister to make changes needed to ensure that the recommendations can be approved. This includes changing the number of MPs and/or Senators needed for a Quorum in Parliament. A rationale of the changes must be presented.
If the Report is not approved the Commission must revise it as soon as possible. Once it is approved the Governor General will publish it in the Gazette and it becomes law. The changes take effect on the next general election. Parliament can make an appeal to the Supreme Court to have any statement or recommendation in the Commission's report rejected.
Chapter 6 - The Executive
The King is the top authority in The Bahamas. The Cabinet has general control over the government and reports to Parliament.
The Cabinet will consist of the Prime Minister, the Attorney General, and at least 7 other MPs or Senators who are called Ministers.
The Prime Minister
The leader of the Party with the majority of seats will be appointed as Prime Minister by the Governor General. They must be an MP.
If the party with the majority of seats does not have a leader who is an MP, or if no party has the majority of seats, then the Governor General will appoint the person who they think will have the support of most of the MPs. This person must also agree to be Prime Minister.
The House of Assembly can pass a resolution stating that it does not have confidence in the Prime Minister. The Prime Minister will then be removed or dissolve Parliament within 7 days.
Whenever the Prime Minister is unable to perform their duties for a while, they can instruct the Governor General to authorise another Minister to perform the duties of Prime Minister. The person will be authorised to perform all functions except choosing a replacement for themselves. The Governor General can choose the replacement if it is impractical for the Prime Minister to choose.
Cabinet
Cabinet Ministers must be Senators or MPs and are chosen by the Prime Minister. There can only be three Senators in the cabinet. This includes the Attorney General if they are a Senator. The Prime Minister can revoke the appointment of any Cabinet Minister. All Ministers must step down when a person is appointed or re-appointed as Prime Minister.
The Prime Minister instructs the Governor General in writing to give any Minister responsibility for any government business or department. Permanent Secretaries will be appointed to supervise the department. The Minister responsible for Finance must be an MP.
If a Minister cannot perform their duties for a while, the Prime Minister can instruct the Governor General to authorise another Minister to perform the duties or authorise a temporary Minister. The authorisation must be in writing. The Prime Minister can authorise the Governor General to grant a leave of absence to any Minister.
Attorney General
The Attorney General or someone who they designate can undertake criminal proceedings against anyone for any crime or take over any criminal proceedings initiated by another person or authority. They can also stop any criminal proceedings at any stage before judgement. The Attorney General does not have to follow the instructions of anyone in these cases.
Cabinet Meetings
Only the Prime Minister can call a Cabinet Meeting. They will run all meetings or appoint another Minister if they are unable to attend or run the meeting.
More than half of the Cabinet must be present for a meeting to take place. This does not include vacant seats. If a person who is not entitled takes part in the meetings, this does not necessarily mean that the decisions are invalid.
Decisions Made by the Governor General
The Prime Minister must keep the Governor General fully informed on matters related to the governing of The Bahamas and must provide them with any information about the government that they ask for. The Governor General follows the instructions of Cabinet, except in cases where the Constitution says that they should follow the instructions of another person. The Governor General must follow the instructions of the person authorised to give them instructions but can make recommendations for the person to consider. In some cases, the constitution states that the Governor General must consult another person before making a decision. In these cases the Governor General is not obligated to follow the advice of the person consulted. Decisions and actions made by the Governor General cannot be questioned in court. The Governor General does not have to follow the advice of anyone in the following cases:
1. When appointing the Prime Minister
2. When choosing a replacement for the Prime Minister when the Prime Minister is unable to choose his/her own replacement
3. When appointing the Leader of the Opposition
4. When the office of the Leader of the Opposition is vacant
5. When dissolving Parliament because the office of Prime Minister is vacant and no qualified person can be named in a reasonable time.
6. When removing a Justice on the recommendation of the Judicial Committee.
7. When removing or disciplining their personal staff.
Decisions Made by the Prime Minister after Consulting the Leader of the Opposition
Some decisions must be made after the Prime Minister consults with the Leader of the Opposition. In these cases, the Prime Minister will meet with the Leader of the Opposition and then give recommendations to the Governor General. The Governor General with discuss the recommendations with the Leader of the Opposition. If they agree then the Governor General will follow the recommendations. If the Leader of the Opposition does not agree they will discuss the issues with the Prime Minister. The Prime Minister will then give final instructions to the Governor General.
Following all the guidelines of the Constitution and any other laws that exist, the Governor General can create offices for The Bahamas, make appointments and revoke appointments.
Parliamentary Secretaries
Parliamentary Secretaries assist Ministers with their duties. They must be Senators or MPs and are chosen by the Prime Minister and appointed by the Governor General. They must give up their position if they are no longer a Senator or MP. They must also give up their position if the Prime Minister revokes the appointment or whenever a Prime Minister is appointed or re-appointed.
The Prime Minister can authorise the Governor General to give a leave of absence to any Parliamentary Secretary.
Leader of The Opposition
The Leader of the Opposition is the MP that has the support of the second largest group of MPs. This appointment stands even when Parliament is dissolved, until the next general election. The Leader of the Opposition will step down if they are no longer an MP or cannot perform the functions of an MP.
If there is no qualified person willing to be the Leader of the Opposition then the Governor General and Prime Minister must use their own judgement in any matters where the Leader of the Opposition should be consulted.
Advisory Committee on The Prerogative Of Mercy
In the name of the King, the Governor General can pardon anyone convicted of a crime, grant breaks from punishment for a crime, lessen or cancel the punishment or penalty of someone convicted of a crime. Such decisions are made based on the advice of a designated Minister chosen by the Prime Minister.
The memebrs are:
1. Minister designated by Prime Minister, Chair
2. Attorney General
3. 3-5 other members appointed by the Governor General
This Committee will review the case of anyone sentenced to death and any other cases that the designated Minister sees fit to review. The designated Minister does not have to follow the advice of the Committee. The Advisory Committee can create its own rules of procedure.
Chapter 7 - The Judicature
Part 1 The Supreme Court
The Bahamas must have a Supreme Court that gets its powers from the Constitution and other laws.
There will be a Chief Justice and however many other Justices that Parliament decides.
No Justice’s position can be abolished if there is a Justice filling that office at the time.
The Supreme Court will record all of its proceedings and the records will be available for public use.
The Prime Minister will consult with the Leader of the Opposition and then tell the Governor General who to appoint as the Chief Justice.
The Judicial and Legal Service Commission will tell the Governor General who to appoint as the other Justices of the Supreme Court.
The qualifications to be a Supreme Court Justice will be stated by law. Any changes in the requirements will not affect any Justice that was already appointed.
If the Chief Justice cannot perform their duties, or if the office is vacant, the Prime Minister will direct the Governor General to appoint another person who meets the qualifications to perform the duties until the position is filled. If a Justice position is vacant or the person in the position cannot fulfil the duties, the Judicial and Legal Service Commission instructs the Governor General who to appoint for a specified amount of time. If the Justice is presiding over a case when the specified amount of time is up, they can continue to deal with those matters until they are completed.
Removal of A Justice
A Justice can hold office until the age of 65. The Prime Minister, after consultation with the Leader of the Opposition, can instruct the Governor General to let the Justice serve for up to two more years.
Once a Justice turns 67, The Prime Minister can instruct the Governor General to allow them an extension to complete matters that they are working on. Being at the maximum age will not invalidate anything done by the Justice.
A Justice can only be removed if they cannot function (Physically, mentally, or for any other reason) or for misbehaviour.
The Chief Justice can consult with the Prime Minister about removing a Justice and the Prime Minister will inform the Governor General. In the case of the Chief Justice, the Prime Minister can go directly to the Governor General.
The Governor General then appoints a Tribunal consisting of at least 3 people who hold (or used to hold) high judicial office. The Prime Minister will choose these people based on the advice of the Chief Justice. If it the Chief Justice who is being reviewed, the Prime Minister can choose the people on their own. While still following these guidelines, these people must be chosen following any additional guidelines for appointment set out in the current Commissions of Inquiries Act
The Tribunal will report on the facts of the matter and tell the Governor General whether or not it should be sent to the King for her Judicial Committee of the Privy Council. If the King's Committee agrees, the Governor General will remove the Justice.
The Prime Minister or Chief Justice can instruct the Governor General to suspend the Justice while the matter is being dealt with. The suspension will be revoked if the Prime Minister or Chief Justice tell the Governor General to revoke it or of the Tribunal or King Committee decides not to remove the Justice.
Part 2 Court of Appeal
The Bahamas must have a Court of Appeal that gets its powers from this Constitution and other law.
The Justices of the Court of Appeal are:
1. President
2. The Chief Justice, however, they will not sit in the Court of Appeal unless the President of the Court invites them
3. Other Justices (Parliament decides how many)
A Justice's office cannot be removed while the Justice is still in place
The Court of Appeal is a superior court and all of its proceedings will be recorded and published. It will have all the powers of a superior court of record, unless Parliament decides to remove some.
The Prime Minister will consult with the Leader of the Opposition and will then tell the Governor General who to appoint as the President of the Court of Appeal and other Justices of Appeal.
Anyone appointed as a Justice of Appeal can remain in office if changes are made to the qualifications while they are in office.
While still following the guidelines in this section, Parliament can create other guidelines for:
1. Implementing a shared court appeal between the Bahamas and other governments in the Commonwealth. This shared court of appeal can deal with appeals for a decision made by any Bahamian court
2. Allowing any other court in the Commonwealth to deal with appeals for any Bahamian court.
When this happens the law can state that the Bahamas Court of Appeal (or a part of it) does not have power. During such times, this part of the Constitution can be suspended.
A temporary President of the Court of Appeals can be appointed if the office is vacant or the President cannot perform. If a Justice of the Court of Appeal is asked to serve as the President their position of Justice will be filled by another qualified person. The Judicial and Legal Service Commission chooses the people to fill vacant Justice positions. These people will serve for a specified amount of time or until the appointment is revoked. After the time is up or the appointment is revoked, the person can finish any matters were dealing with.
A Justice of Appeal can hold office until the age of 68. The Prime Minister, after consultation with the Leader of the Opposition, can instruct the Governor General to let the Justice serve for up to two more years.
Once a Justice of Appeal turns 70, The Prime Minister can instruct the Governor General to allow them an extension to complete matters that he/she is working on. Being at the maximum age will not invalidate anything done by the Justice.
A Justice can only be removed if they cannot function (Physically, mentally, or for any other reason) or for misbehavior. The process for removal is the same as for a Justice of the Supreme Court, with the President of the Court of Appeal replacing the Chief Justice where necessary.
Part 3 Appeals
All people have the right to take a case to the Supreme Court if they feel like their human rights are/were being violated. Any person also has the right the appeal the decision of the Supreme Court. Decisions made by the Court of Appeal can be taken to the Kings's Privy Council or another Court that Parliament establishes to perform the duties of the Privy Council. The King has the right to grant special permission to appeal in human rights cases.
Chapter 8 - The Public Service
In this Chapter
Part 1 The Public Service Commission
Part 2 Appointments of Public Officers
Part 3 Public Service Board of Appeal
Part 4 The Judicial and Legal Service Commission
Part 5 The Police Service Commission
Removal of Commissioner of Police or Deputy Commissioner of Police
Part 1 The Public Service Commission
The Bahamas must have a Public Service Commission. The members of this Commission are:
1. A Chairman
2. 2-4 other members
These members are chosen by the Prime Minister, after consultation with the Leader of the Opposition, and will be appointed by the Governor General.
MPs, Senators or public officers cannot be appointed as a member of the Public Service Commission.
A member of the Public Service Commission must give up their position:
1. At the end of the time specified at his/her appointment, or after three years
2. If he or she becomes a Member of Parliament, a Senator or a public officer.
If a member of the Public Service Commission is unable to perform, a temporary member can be chosen by the Prime Minister after consultation with the Leader of the Opposition. A temporary Chairman can also be chosen in the same way, but they must already be a member of the Commission.
There are some positions that this Constitution states must be filled by the Governor General after being advised by the Public Service Commission. A former member of the Commission will not be eligible to get any of these positions within five years of leaving the Commission.
Part 2 Appointments of Public Officers
The Public Service Commission will instruct the Governor to make or revoke appointments and to use disciplinary control.
The Public Service Commission consults with the Prime Minister when choosing Permanent Secretaries, Heads of Departments, the Financial Secretary and the Secretary of the Cabinet. The Prime Minister can advise the Governor General to transfer people into these positions from another area with the same salary.
The Prime Minister will consult with the Commission before instructing the Governor General to act on people who already hold public office. However, the Prime Minister has control over appointments to any office that requires the person to live outside of the country (Ambassador, High Commissioner, or representative at an international organisation) or other designated offices within the Ministry of Foreign Affairs.
The Prime Minister appoints and removes the Secretary to the Cabinet. This person is in charge of the Cabinet Office and can be given special instructions to supervise any department the Prime Minister is responsible for.
Part 3 Public Service Board of Appeal
When the Public Service Commission instructs the Governor General to remove or discipline a public officer, that officer can go to the Public Service Board of Appeal which can uphold or reject the decision. It can also make any other decision that the Commission can make. Decisions must have the majority of votes in favour.
The members are:
1. The Chair of the Board is chosen by the Chief Justice and must be qualified to hold a high judicial office.
2. One person chosen by the Prime Minister
3. The Governor General designates a group that represents the interests of Public Servants and this group chooses one member.
MPs and Senators cannot be members.
Temporary members can be chosen if a member is unable to perform the duties.
The Board works independently of any outside control and can decide its own guidelines for procedures, except for matters related to removal or matters related to officers who make more than a certain amount.
The Prime Minister can agree to give members special powers or duties necessary for the Board to complete its work.
Part 4 The Judicial and Legal Service Commission
The Commission instructs the Governor General on appointments and disciplinary actions for positions that require legal qualifications.
The members are:
1. The Commission is Chaired by the Chief Justice,
2. a Justice chosen by the Chief Justice
3. The Chairman of the Public Service Commission
4. Two people chosen by the Prime Minister after consultation with the Leader of the Opposition.
The people chosen by the Prime Minister serve for a specified amount of time up to three years and cannot be MPs or Senators. Temporary members can be chosen if needed.
Part 5 The Police Service Commission
Member are a chosen by the Prime Minister after consultation with the Leader of the Opposition. Members are:
1. Chairman
2. Two other members
They are appointed for a specified amount of time (up to three years) and cannot be MPs, Senators, or public officers. Temporary members can be chosen if needed.
After consulting with the Leader of the Opposition, the Prime Minister will choose the Commission and Deputy Commissioner of Police.
Positions at the rank of Assistant Commissioner and higher (except for Commissioner and Deputy) will be chosen by the Prime Minister after consulting with the Commission.
The Commissioner fills positions at the rank of Inspector and higher (up to Assistant Commissioner).
The Commissioner fills positions under the rank of Inspector after consulting with the Police Promotions Board. Members of Police Promotion Boards must be above the rank of Inspector.
The Commissioner makes decisions regarding the transfer of officers within the Police Force.
Removal of Commissioner of Police or Deputy Commissioner of Police
If the Prime Minister tells the Governor General that removal should be considered, the person will be suspended and the Governor General will appoint a tribunal consisting of a Chairman and at least two other people. The members of the Tribunal will be chosen by the Judicial and Legal Services commission and must be eligible to hold high legal office.
The suspension will be lifted if the Tribunal decides that the person should not be removed. The Governor General will remove the person if the tribunal decides so.
Decisions about the removal of other Police Officers are made by the Commission. However, the Commission must consult with the Prime Minister for ranks at Assistant Commissioner or above.
Powers of the Commissioner of Police
The Commissioner of Police can:
1. Reprimand any officer at the rank of Assistant Superintendant or above.
2. Discipline Inspectors. However, he will not be able to remove them or reduce their rank.
3. Remove or discipline any officers below the rank of Inspector.
The Commissioner can delegate any officer above Inspector to make decisions on discipline, except for powers to remove. Officers can appeal decisions made by the delegated person to the Commissioner.
Parliament can pass a law that allows Police Officers to appeal discipline decisions to the Governor General. In such cases the Police Service Commission will make a decision and direct the Governor General.
Part 6 Pensions
Unless stated otherwise, pensions are paid out of the consolidated fund.
Pensions and allowances are paid according to laws that were in effect:
1. On the date that the allowance was granted, or
2. On July 9, 1973, if the person was a public officer before Independence, or
3. On the date the person becomes a public officer, if it is after Independence
If there is an option to choose which laws should apply, the one that benefits the person most will be chosen.
If the law allows it, the Governor General can withhold or reduce pensions or allowances. The appropriate Service Commission will direct the Governor General when to use this power. For matters related to Pension, Justices are considered public servants.
Public Officers can appeal any decision to withhold or reduce their pension. This includes any disciplinary action that results in their pension being withheld or reduced. When such decisions are made, the authority that made the decision must send a written notice to the person informing them of the decision and giving them at least 28 days to appeal the decision.
The Public Service Board of Appeal will consider the request of the person and can hear any other person with useful information. The Board must have access to all information the authority used to make the decision.
The Board will then decide to uphold or revoke the decision. The Board cannot revoke the disciplinary action but can allow the person to receive the same pension he/she would have if not for the disciplinary action.
Part 7 Additional Guidelines for the Commissions
Any Commission in this chapter can get permission from the Prime Minister for any public officers to receive special powers in order to perform its duties.
The only reason why the Commission's decision will not be upheld is if the majority of members were not present or if an unentitled person took part in the proceedings. All decisions must be approved with a majority of people in favour. The Chair can cast the deciding vote if there is a tie.
The following areas cannot be questioned by any court
1. Whether or not a Commission has performed its duties properly
2. Whether or not an individual has performed his/her duties properly
3. Whether or not a member of a commission has performed any of the commission's work properly
The Prime Minister can request the removal of the Chairman of the Public Service Commission and the Judicial and Legal Services Commission.
Only the Prime Minister can request the removal of members of the Public Service Board of Appeal or the Police Service Commission. For the other Commissions the Chair can request the removal of members.
When a request for removal is made the Governor General appoints a tribunal. The Chief Justice chooses a Chairman and at least two other members who are all qualified to hold the office of Justice of the Supreme Court. If the person being questioned is the Chair of the Judicial and Legal Service Commission the President of the Court of Appeal will choose the members.
Members of Commissions who are under review can be suspended. The Governor General can revoke the suspension at any time.
The tribunal decides whether or not the person should be removed. If the decision is not to remove the person their suspension is automatically lifted.
The following offices are not considered to be in the public service
1. Governor-General
2. Prime Minister
3. other Ministers
4. Parliamentary Secretary,
5. Leader of the Opposition
6. President and Vice President of the Senate
7. Senator
8. Speaker
9. Deputy Speaker
10. Member of Parliament
11. Members of the Public Service Commission, Public service Board of Appeal, Judicial and Legal Service Commission, and Police Service Commission
12. Staff of the Department of Tourism or the staff of any other department or agency that a law specifies
13. Members of any board, committee, or similar body established by law
14. Justices and the personal staff of the Governor General. However, the constitution makes a few exceptions for these categories.
Chapter 9 - Finance
All of the Bahamas’ revenues will be paid into a Consolidated Fund, unless otherwise stated by law.
At the end of each financial year, the Minister of Finance will give a report of the estimated revenue and expenditure for public services during that financial year.
Before the start of each financial year, the Minister of Finance will table an Appropriation Bill (Budget) at the House of Assembly. The budget will list the estimated amount that will be spent during the upcoming financial year. The Government cannot spend more than the amount approved in the Budget. Only the Minister of Finance or someone authorised by them can approve withdrawals from the consolidated fund and all money taken from the fund must be used for the public.
The Minister of Finance can request more money at the House of Assembly when needed and approved amounts must documented in the "Supplemenatry Appropriation Bill" before the end of the year. Any money not spent goes back into the consolidated fund.
The law can allow "statutory spending" which is not included in the budget and does not have to be voted on by Parliament. This money must be used for the specified legal reason.
If a new budget is not approved at the start of a financial year, the Minister of Finance can approve withdrawals from the consolidated fund so that the public service can continue. This withdrawal must follow any guidelines in place. If there are no guidelines, they must receive permission from the House of Assembly. The withdrawals must be documented, tabled at the House of Assembly, and added to the next budget.
Parliament can approve a contingency fund and authorise the Minister of Finance to use the funds if needed. Withdrawals must be tabled at the House of Assembly and added to the budget.
Public Debt is paid out of the Consolidated Fund.
The salary of the following Offices are decided by law and paid out of the consolidated fund. Their salaries cannot be decreased after they are appointed and no other changes can be made that would disadvantage them.
1. Governor General
2. Justices
3. Auditor General
4. Members of Commissions discussed in chapter VIII
5. Members of the Public Service Board of Appeal
Auditor General
The position of Auditor General is a public office. The Public Service Commission will consult with the Prime Minister and then choose a person to be Auditor General. The Governor General will appoint the person.
At least once year, the Auditor General will audit and create a report on the accounts of the following areas:
1. the Supreme Court
2. the Senate
3. the House of Assembly
4. all departments and offices of the Government (excluding the Department of the Auditor-General)
5. the Public Service Commission
6. the Judicial and Legal Service Commission
7. the Police Service Commission
8. and all Magistrates' Courts
Their staff will be entitled to access the books, records, returns and reports related to these accounts. The Auditor General is not be under the control of anyone when compiling the report.
The Auditor General submits the report to the Speaker and it is presented to the House of Assembly immediately.
The Minister of Finance reviews the accounts of the Auditor General and submits the report to the Deputy Speaker for immediate presentation to the House of Assembly.
Removal of the Auditor General
Note *** Auditor Generals remain in place even when the Prime Minister changes.***
The Auditor General can only be removed if they are unable to perform the duties (because of physical, mental, or any other reason) or because of misbehaviour.
If a request for removal is made, the Public Service Commission can have the Auditor General suspended. The suspension can be revoked at any time by the Governor General and will be revoked automatically the Tribunal decides that the Auditor General should not be removed from office.
If the Prime Minister requests the Governor General the remove the Auditor General, the Governor General Governor General will appoint a Tribunal consisting of a Chairman and at least two other people. The members wills be chosen by the Judicial and Legal Services commission and must be eligible to hold high legal office. The Tribunal decides whether or not the person should be removed.