THE CONSTITUTION THE CONSTITUTION OF THE

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THE CONSTITUTIONTHE CONSTITUTIONTHE CONSTITUTION OF THE COMMONWEALTHOF THE BAHAMASLIST OF AUTHORISED PAGES11 – 121LRO 1/2006ARRANGEMENT OF ARTICLESCHAPTER ITHE CONSTITUTIONARTICLE1.2.The State.The Constitution is Supreme Law.CHAPTER IICITIZENSHIP3.4.5.6.7.8.9.10.11.12.13.14.Persons who become citizens on 10th July 1973.Persons who become citizens on 9th July 1974.Persons entitled to be registered as citizens.Persons born in The Bahamas after 9th July 1973.Persons born in The Bahamas after 9th July 1973 of non-citizen parents.Persons born outside The Bahamas after 9th July 1973.Further provisions for persons born outside The Bahamas after 9th July1973.Marriage to citizens of The Bahamas.Deprivation of citizenship.Renunciation of citizenship.Power of Parliament.Interpretation.CHAPTER IIIPROTECTION OF FUNDAMENTAL RIGHTS ANDFREEDOMS OF THE INDIVIDUAL15.16.17.18.19.20.21.Fundamental rights and freedoms of the individual.Protection of right to life.Protection from inhuman treatment.Protection from slavery and forced labour.Protection from arbitrary arrest or detention.Provisions to secure protection of law.Protection for privacy of home and other �––––––––––––LRO 1/2006STATUTE LAW OF THE BAHAMAS11

THE tion of freedom of conscience.Protection of freedom of expression.Protection of freedom of assembly and association.Protection of freedom of movement.Protection from discrimination on the grounds of race, etc.Protection from deprivation of property.Enforcement of fundamental rights.Provisions for time of war or emergency.Saving of existing law.Interpretation.CHAPTER IVTHE GOVERNOR-GENERAL32.33.34.35.36.37.Establishment of office of Governor-General.Acting Governor-General.Deputy to Governor-General.Personal staff of Governor-General.Public Seal.Oaths to be taken by Governor-General.CHAPTER VPARLIAMENTPART IComposition of Parliament38.Establishment of Parliament.PART IIThe Senate39.40.41.42.43.44.45.Composition of Senate.Purpose of appointment of certain Senators.Qualifications for appointment as Senator.Disqualifications for appointment as Senator.Tenure of office of Senators.President and Vice-President.Determination of questions as to membership.PART IIIHouse of Assembly46.47.48.49.50.51.Composition of House of Assembly.Qualifications for membership of House of Assembly.Disqualifications for election as members of House of Assembly.Tenure of office of members of House of Assembly.Speaker and Deputy Speaker.Determination of questions as to membership.STATUTE LAW OF THE BAHAMASLRO 1/2006

THE CONSTITUTIONPART IVPowers and Procedure of ower to make laws.Privileges of Parliament.Alteration of this Constitution.Regulation of procedure in Parliament.Presiding in the Senate and House of Assembly.Quorum.Voting.Introduction of Bills, etc.Restriction on powers of Senate as to Money Bills.Restriction on powers of Senate as to Bills other than Money Bills.Provisions relating to Articles 59, 60 and 61.Assent to Bills.Oath of allegiance.PART VSummoning, Prorogation and Dissolution65.66.67.Sessions of Parliament.Prorogation and dissolution of Parliament.General elections, bye-elections and appointment of Senators.PART VIDelimitation of es Commission.Procedure for review of constituencies.CHAPTER VITHE EXECUTIVE71.72.73.74.75.76.77.78.79.Executive Authority.The Cabinet.Appointment of Ministers.Tenure of office of Ministers.Performance of functions of Prime Minister during absence, illness orsuspension.Temporary Ministers.Allocation of portfolios to Ministers.Functions of Attorney-General.Exercise of Governor-General’s ��–––––––––––LRO 1/2006STATUTE LAW OF THE BAHAMAS13

THE 92.Governor-General to be informed concerning matters of Government.Parliamentary Secretaries.Leader of the Opposition.Certain vacancies in office of Leader of the Opposition.Oaths to be taken by Ministers, etc.Leave of absence for Ministers, etc.Summoning of and presiding in Cabinet.Quorum.Permanent Secretaries.Constitution of offices, etc.Powers of pardon, etc.Advisory Committee on Prerogative of Mercy.Functions of Advisory Committee.CHAPTER VIITHE JUDICATUREPART IThe Supreme Court93.94.95.96.97.Establishment of Supreme Court.Appointment of Justices of the Supreme Court.Acting Justices.Tenure of office of Justices of the Supreme Court.Oaths to be taken by Justices of the Supreme Court.PART IICourt of Appeal98.99.100.101.102.103.Establishment of Court of Appeal.Justices of the Court of Appeal.Other arrangements for appeals.Acting Justices of Court of Appeal.Tenure of office of Justices of Appeal.Oaths to be taken by Justices of Appeal.PART IIIAppeals to Court of Appeal and Her Majesty in Council104.105.106.Appeals relating to fundamental rights and freedoms.Appeals to Her Majesty in Council in other cases.Interpretation of “Court of Appeal”.STATUTE LAW OF THE BAHAMASLRO 1/2006

THE CONSTITUTIONCHAPTER VIIITHE PUBLIC SERVICEPART IThe Public Service Commission107.Establishment and composition of Public Service Commission.PART IIAppointments, Etc., Of Public Officers108.109.110.111.112.113.Appointments, etc. of Public Officers.Appointments of Permanent Secretaries and certain other public officers.Delegation of Governor-General’s powers.Appointments, etc., of principal representatives of The Bahamas abroad.Appointments on transfer in respect of certain offices.Appointment of Secretary to the Cabinet.PART IIIThe Public Service Board of Appeal114.115.Public Service Board of Appeal.Appeals in discipline cases.PART IVThe Judicial and Legal Service Commission116.117.Establishment and composition of the Judicial and Legal ServiceCommission.Appointments, etc., of judicial and legal officers.PART VThe Police Service Commission118.119.120.121.Establishment and composition of the Police Service Commission.Appointment of Commissioner of Police and other officers of the PoliceForce.Removal of the Commissioner and Deputy Commissioner of Police.Removal and discipline of members of the �–––––––––––LRO 1/2006STATUTE LAW OF THE BAHAMAS15

THE CONSTITUTION16PART VIPensions122.123.124.Protection of pension rights.Grant and withholding of pensions, etc.Appeals in respect of certain decisions affecting pensions benefits.PART VIIMiscellaneous125.126.127.Procedure of Commissions.Removal from office of certain persons.Public Service.CHAPTER lidated Fund.Estimates.Authority for Public Expenditure.Withdrawal of money from the Consolidated Fund.Withdrawal of money in advance of Appropriation Act.Contingencies Fund.Public Debt.Remuneration of Governor-General and certain other officers.Establishment of office and functions of Auditor-General.CHAPTER XINTERPRETATION137.Interpretation.STATUTE LAW OF THE BAHAMASLRO 1/2006

THE CONSTITUTIONTHE CONSTITUTION OF THECOMMONWEALTH OF THE BAHAMASWHEREAS Four hundred and eighty one years agothe rediscovery of this Family of Islands, Rocks and Caysheralded the rebirth of the New World;AND WHEREAS the People of this Family ofIslands recognise that the preservation of their Freedomwill be guaranteed by a national commitment to Selfdiscipline, Industry, Loyalty, Unity and an abiding respectfor Christian values and the Rule of Law;NOW KNOW YE THEREFORE:We the Inheritors of and Successors to this Family ofIslands, recognising the Supremacy of God and believingin the Fundamental Rights and Freedoms of the Individual,DO HEREBY PROCLAIM IN SOLEMN PRAISE theEstablishment of a Free and Democratic Sovereign Nationfounded on Spiritual Values and in which no Man, Womanor Child shall ever be Slave or Bondsman to anyone ortheir Labour exploited or their Lives frustrated bydeprivation, AND DO HEREBY PROVIDE by theseArticles for the indivisible Unity and Creation under Godof the Commonwealth of The Bahamas.17S.I. 1973 No.10801Preamble.CHAPTER ITHE CONSTITUTION1. The Commonwealth of The Bahamas shall be asovereign democratic State.2. This Constitution is the supreme law of theCommonwealth of The Bahamas and, subject to theprovisions of this Constitution, if any other law isinconsistent with this Constitution, this Constitution shallprevail and the other law shall, to the extent of theinconsistency, be void.1The State.The Constitutionis Supreme Law.This is the text of the 1973 Constitution which to date has not been ––––––––––––LRO 1/2006STATUTE LAW OF THE BAHAMAS

18THE CONSTITUTIONCHAPTER IICITIZENSHIPPersons whobecome citizenson 10th July1973.Persons whobecome citizenson 9th July 1974.3. (1) Every person who, having been born in theformer Colony of the Bahama Islands, is on 9th July 1973a citizen of the United Kingdom and Colonies shallbecome a citizen of The Bahamas on 10th July 1973.(2) Every person who, having been born outside theformer Colony of the Bahama Islands, is on 9th July 1973a citizen of the United Kingdom and Colonies shall, if hisfather becomes or would but for his death have become acitizen of The Bahamas in accordance with the provisionsof the preceding paragraph, become a citizen of TheBahamas on 10th July 1973.(3) Every person who on 9th July 1973 is a citizen ofthe United Kingdom and Colonies having become such acitizen under the British Nationality Act 1948 by virtue ofhis having been registered in the former Colony of theBahama Islands under that Act shall become a citizen ofThe Bahamas on 10th July 1973:Provided that this paragraph shall not apply to anycitizen of the United Kingdom and Colonies —(a) who was not ordinarily resident in that Colonyon 31st December 1972; or(b) who became registered in that Colony on or after1st January 1973; or(c) who on 9th July 1973 possesses the citizenship ornationality of some other country.4. Every person who on 9th July 1973 is a citizenof the United Kingdom and Colonies —(a) having become such a citizen under the BritishNationality Act 1948 by virtue of his having beennaturalised in the former Colony of the BahamaIslands before that Act came into force; or(b) having become such a citizen by virtue of hishaving been naturalised in the former Colony ofthe Bahama Islands under that Act,shall become a citizen of The Bahamas on 9th July 1974,unless, prior to that date, he has in such a manner as maybe prescribed declared that he does not desire to become acitizen of The Bahamas:Provided that this section shall not apply to a citizenof the United Kingdom and Colonies who on 9th July 1973STATUTE LAW OF THE BAHAMASLRO 1/2006

THE CONSTITUTIONpossesses the citizenship or nationality of some othercountry.5. (1) Any woman who, on 9th July 1973, is or hasbeen married to a person —(a) who becomes a citizen of The Bahamas by virtueof Article 3 of this Constitution; or(b) who, having died before 10th July 1973, would,but for his death, have become a citizen of TheBahamas by virtue of that Article,shall be entitled, upon making application and upon takingthe oath of allegiance or such declaration in such manner asmay be prescribed, to be registered as a citizen of TheBahamas:Provided that the right to be registered as a citizen ofThe Bahamas under this paragraph shall be subject to suchexceptions or qualifications as may be prescribed in theinterests of national security or public policy.(2) Any person who, on 9th July 1973, possessesBahamian Status under the provisions of the ImmigrationAct 19672 and is ordinarily resident in the Bahama Islands,shall be entitled, upon making application before 10th July1974, to be registered as a citizen of The Bahamas.(3) Notwithstanding anything contained in paragraph(2) of this Article, a person who has attained the age ofeighteen years or who is a woman who is or has beenmarried shall not, if he is a citizen of some country otherthan The Bahamas, be entitled to be registered as a citizen ofThe Bahamas under the provisions of that paragraph unlesshe renounces his citizenship of that other country, takes theoath of allegiance and makes and registers such declarationas may be prescribed:Provided that where a person cannot renounce hiscitizenship of the other country under the law of that countryhe may instead make such declaration concerning thatcitizenship as may be prescribed.(4) Any application for registration under paragraph(2) of this Article shall be subject to such exceptions orqualifications as may be prescribed in the interests ofnational security or public policy.(5) Any woman who on 9th July 1973 is or has beenmarried to a person who subsequently becomes a citizen of219Persons entitledto be registered ascitizens.Statute Law of the Bahama Islands, No. 25 of –––––––––––LRO 1/2006STATUTE LAW OF THE BAHAMAS

20Persons born inThe Bahamasafter 9th July1973.Persons born inThe Bahamasafter 9th July1973 of noncitizen parents.THE CONSTITUTIONThe Bahamas by registration under paragraph (2) of thisArticle shall be entitled, upon making application and upontaking the oath of allegiance or such declaration as may beprescribed, to be registered as a citizen of The Bahamas:Provided that the right to be registered as a citizen ofThe Bahamas under this paragraph shall be subject to suchexceptions or qualifications as may be prescribed in theinterests of national security or public policy.(6) Any application for registration under this Articleshall be made in such manner as may be prescribed asrespects that application:Provided that such an application may not be madeby a person who has not attained the age of eighteen yearsand is not a woman who is or has been married, but shallbe made on behalf of that person by a parent or guardianof that person.6. Every person born in The Bahamas after 9th July1973 shall become a citizen of The Bahamas at the date ofhis birth if at that date either of his parents is a citizen ofThe Bahamas.7. (1) A person born in The Bahamas after 9th July1973 neither of whose parents is a citizen of The Bahamasshall be entitled, upon making application on his attainingthe age of eighteen years or within twelve monthsthereafter in such manner as may be prescribed, to beregistered as a citizen of The Bahamas:Provided that if he is a citizen of some country otherthan The Bahamas he shall not be entitled to be registeredas a citizen of The Bahamas under this Article unless herenounces his citizenship of that other country, takes theoath of allegiance and makes and registers such declarationof his intentions concerning residence as may beprescribed.(2) Any application for registration under this Articleshall be subject to such exceptions or qualifications as maybe prescribed in the interests of national security or publicpolicy.STATUTE LAW OF THE BAHAMASLRO 1/2006

THE CONSTITUTION8. A person born outside The Bahamas after 9th July1973 shall become a citizen of The Bahamas at the date ofhis birth if at that date his father is a citizen of TheBahamas otherwise than by virtue of this Article or Article3(2) of this Constitution.9. (1) Notwithstanding anything contained in Article8 of this Constitution, a person born legitimately outsideThe Bahamas after 9th July 1973 whose mother is a citizenof The Bahamas shall be entitled, upon making applicationon his attaining the age of eighteen years and before heattains the age of twenty-one years, in such manner as maybe prescribed, to be registered as a citizen of The Bahamas:Provided that if he is a citizen of some country otherthan The Bahamas he shall not be entitled to be registeredas a citizen of The Bahamas under this Article unless herenounces his citizenship of that other country, takes theoath of allegiance and makes and registers such declarationof his intentions concerning residence as may beprescribed.(2) Where a person cannot renounce his citizenship ofsome other country under the law of that country, he mayinstead make such declaration concerning that citizenshipas may be prescribed.(3) Any application for registration under this Articleshall be subject to such exceptions or qualifications as maybe prescribed in the interests of national security or publicpolicy.10. Any woman who, after 9th July 1973, marries aperson who is or becomes a citizen of The Bahamas shallbe entitled, provided she is still so married, upon makingapplication in such manner as may be prescribed and upontaking the oath of allegiance or such declaration as may beprescribed, to be registered as a citizen of The Bahamas:Provided that the right to be registered as a citizen ofThe Bahamas under this Article shall be subject to suchexceptions or qualifications as may be prescribed in theinterests of national security or public policy.21Persons bornoutside TheBahamas after9th July 1973.Further provisions for personsborn outside TheBahamas after9th July 1973.Marriage tocitizens of –––––––––––––LRO 1/2006STATUTE LAW OF THE BAHAMAS

22Deprivation ofcitizenship.Renunciation ofcitizenship.Power ofParliament.THE CONSTITUTION11. (1) If the Governor-General is satisfied that anycitizen of The Bahamas has at any time after 9th July 1973acquired by registration, naturalisation or other voluntaryand formal act (other than marriage) the citizenship of anyother country, the Governor-General may by order deprivethat person of his citizenship.(2) If the Governor-General is satisfied that anycitizen of The Bahamas has at any time after 9th July 1973voluntarily claimed and exercised in any other country anyrights available to him under the law of that country, beingrights accorded exclusively to its citizens, the GovernorGeneral may by order deprive that person of hiscitizenship.12. Any citizen of The Bahamas who has attained theage of twenty one years and who —(a) is also a citizen or national of any other country;or(b) intends to become a citizen or national of anyother country,shall be entitled to renounce his citizenship of TheBahamas by a declaration made and registered in suchmanner as may be prescribed:Provided that —(a) in the case of a person who is not a citizen ornational of any other country at the date ofregistration of his declaration or renunciation, ifhe does not become such a citizen or nationalwithin six months from the date of registrationhe shall be, and shall be deemed to haveremained, a citizen of The Bahamasnotwithstanding the making and registration ofhis declaration of renunciation; and(b) the right of any person to renounce hiscitizenship of The Bahamas during any periodwhen The Bahamas is engaged in any war shallbe subject to such exceptions or qualifications asmay be prescribed in the interests of nationalsecurity or public policy.13. Parliament may make provision —(a) for the acquisition of citizenship of The Bahamasby persons who do not become citizens of TheBahamas by virtue of the provisions of thisChapter;STATUTE LAW OF THE BAHAMASLRO 1/2006

THE CONSTITUTION(b) for depriving of his citizenship of The Bahamasany person who is a citizen of The Bahamasotherwise than by virtue of paragraphs (1) or (2)of Article 3 or Articles 6 or 8 of thisConstitution; or(c) for the certification of citizenship of TheBahamas for persons who have acquired thatcitizenship and who desire such certification.14. (1) Any reference in this Chapter to the father of aperson shall, in relation to any person born out of wedlockother than a person legitimated before 10th July 1973, beconstrued as a reference to the mother of that person.(2) For the purposes of this Chapter, a person bornaboard a registered ship or aircraft, or aboard an unregisteredship or aircraft o

10801 Preamble. The State. The Constitution is Supreme Law. 18 THE CONSTITUTION STATUTE LAW OF THE BAHAMAS LRO 1/2006 CHAPTER II CITIZENSHIP 3. (1) Every person who, having been bor

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