Constitution of Barbados
Encyclopedia
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 Sovereign
(known as "The Crown
"), the Vice-Royal
(known as 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 both 1974, and again in 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 Constitutions were created for the administration of Barbados as a colony. As a former English
and later British colony
, the Constitution is similar, yet distinctly unique of all other Commonwealth realms through the spirit of the Statute of Westminster
.
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 English Civil War
, large numbers of English settlers to Barbados, the General Assembly began the practice of creating a distinctly Barbados based administration.
, Barbados became independent of the United Kingdom
on 30 November 1966 under the Barbados Independence Act 1966
. Under the West Indies Act 1962, the Monarchy of the United Kingdom
was allowed to form governments for the former colonies of the West Indies Federation. Elizabeth II issued the Barbados
Order in Council 1966 which formally gave force and effect to the present constitution.
Law of the land
The phrase law of the land is a legal term, equivalent to the Latin lex terrae . It refers to all of the laws in force within a country or region, including both statute law and common law....
under which Barbados is governed. The Constitution provides a legal establishment of the structure and various roles of administration of the Sovereign
Monarchy of Barbados
The monarchy of Barbados is a constitutional system of government in which a hereditary monarch is the sovereign and head of state of Barbados, forming the core of the country's Westminster style parliamentary democracy...
(known as "The Crown
The Crown
The Crown is a corporation sole that in the Commonwealth realms and any provincial or state sub-divisions thereof represents the legal embodiment of governance, whether executive, legislative, or judicial...
"), the Vice-Royal
Viceroy
A viceroy is a royal official who runs a country, colony, or province in the name of and as representative of the monarch. The term derives from the Latin prefix vice-, meaning "in the place of" and the French word roi, meaning king. A viceroy's province or larger territory is called a viceroyalty...
(known as Governor-General
Governor-General
A Governor-General, is a vice-regal person of a monarch in an independent realm or a major colonial circonscription. Depending on the political arrangement of the territory, a Governor General can be a governor of high rank, or a principal governor ranking above "ordinary" governors.- Current uses...
), the Government of Barbados
Government of Barbados
Government of Barbados consists of: The Monarch, HM Queen Elizabeth II ; The Prime Minister, The Hon. Freundel Stuart, and his Cabinet; as legislature, divided into two chambers , and an independent judiciary...
, 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 both 1974, and again in 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
Preamble
A preamble is an introductory and expressionary statement in a document that explains the document's purpose and underlying philosophy. When applied to the opening paragraphs of a statute, it may recite historical facts pertinent to the subject of the statute...
. Prior Constitutions were created for the administration of Barbados as a colony. As a former English
Kingdom of England
The Kingdom of England was, from 927 to 1707, a sovereign state to the northwest of continental Europe. At its height, the Kingdom of England spanned the southern two-thirds of the island of Great Britain and several smaller outlying islands; what today comprises the legal jurisdiction of England...
and later British colony
Kingdom of Great Britain
The former Kingdom of Great Britain, sometimes described as the 'United Kingdom of Great Britain', That the Two Kingdoms of Scotland and England, shall upon the 1st May next ensuing the date hereof, and forever after, be United into One Kingdom by the Name of GREAT BRITAIN. was a sovereign...
, the Constitution is similar, yet distinctly unique of all other Commonwealth realms through the spirit of the Statute of Westminster
Statute of Westminster 1931
The Statute of Westminster 1931 is an Act of the Parliament of the United Kingdom. Passed on 11 December 1931, the Act established legislative equality for the self-governing dominions of the British Empire with the United Kingdom...
.
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 CrownImperial
Imperial is a term that is used to describe something that relates to an empire, emperor, or the concept of imperialism.Imperial may also refer to:-In the United States:* Imperial, California* Imperial, Missouri* Imperial, Nebraska...
and to seek initial settlers. In 1627 the initial settlers landed at Barbados and formed a colony based entirely on Common Law
Common law
Common law is law developed by judges through decisions of courts and similar tribunals rather than through legislative statutes or executive branch action...
. As the population of Barbados grew a General Assembly was created and began to draft laws. After conflict in England erupted during English Civil War
English Civil War
The English Civil War was a series of armed conflicts and political machinations between Parliamentarians and Royalists...
, large numbers of English settlers 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 FederationWest Indies Federation
The West Indies Federation, also known as the Federation of the West Indies, was a short-lived Caribbean federation that existed from January 3, 1958, to May 31, 1962. It consisted of several Caribbean colonies of the United Kingdom...
, Barbados became independent of the United Kingdom
United Kingdom
The United Kingdom of Great Britain and Northern IrelandIn the United Kingdom and Dependencies, other languages have been officially recognised as legitimate autochthonous languages under the European Charter for Regional or Minority Languages...
on 30 November 1966 under the Barbados Independence Act 1966
Barbados Independence Act 1966
The Barbados Independence Act 1966 was an Act of the Parliament of the United Kingdom that granted independence to Barbados with effect from 30 November 1966...
. Under the West Indies Act 1962, the Monarchy of the United Kingdom
Monarchy of the United Kingdom
The monarchy of the United Kingdom is the constitutional monarchy of the United Kingdom and its overseas territories. The present monarch, Queen Elizabeth II, has reigned since 6 February 1952. She and her immediate family undertake various official, ceremonial and representational duties...
was allowed to form governments for the former colonies of the West Indies Federation. Elizabeth II issued the Barbados
Barbados
Barbados is an island country in the Lesser Antilles. It is in length and as much as in width, amounting to . It is situated in the western area of the North Atlantic and 100 kilometres east of the Windward Islands and the Caribbean Sea; therein, it is about east of the islands of Saint...
Order in Council 1966 which formally gave force and effect to the present constitution.
Parts of the Constitution
The Constitution of Barbados consists of the following 14 parts:- CONSTITUTIONAL ORDER
- PREAMBLE
- CHAPTER I- The Constitution
- CHAPTER II- Citizenship
- CHAPTER III- Protection of Fundamental Rights and Freedoms of the Individual
- CHAPTER IV- The Governor General
- CHAPTER V- Parliament
- CHAPTER VI- Executive Powers
- CHAPTER VII- The Judicature
- CHAPTER VIII- The Public Service
- CHAPTER IX- Finance
- CHAPTER X- Miscellaneous and Interpretation
- FIRST SCHEDULE- Oath
- SECOND SCHEDULE- Provisions Relating to Certain Tribunals
External links
- Constitution of 1966 with Reforms through 1999 from the Georgetown UniversityGeorgetown UniversityGeorgetown University is a private, Jesuit, research university whose main campus is in the Georgetown neighborhood of Washington, D.C. Founded in 1789, it is the oldest Catholic university in the United States...
Political Database of the Americas - Constitution of Barbados 1966, World Intellectual Property Office (WIPO)