The Constitution of Barbados is the supreme law under which Barbados is governed.Constitution of Barbados, Chapter 1, Section 1. The Constitution provides a legal establishment of the Government of Barbados, as well as legal rights and responsibilities of the public and various other government officers. The Constitution which came into force in 1966 was amended in 1974, 1980, 1981, 1985, 1989, 1990, 1992, 1995, 2000, 2002, 2003, 2005, 2007, 2009, 2010, 2018, 2019, 2020 and 2021. The 1966 document succeeds several other documents concerning administration of Barbados. One of them, the Barbados Charter, is discussed in the present Constitution's Preamble. Prior statutes were created for the administration of Barbados as a colony. As a former English and later British colony, the Constitution is similar to those of other former Commonwealth realms, yet distinctly different in the spirit of the Statute of Westminster.
History
Early history In 1625 the English landed at Barbados and carved the term 'For King James of E. and this island' on a tree, then some personal items were left behind, and the ship's crew returned to England to notify The Crown and to seek initial settlers. In 1627 the initial settlers landed at Barbados and formed a colony based entirely on common law. As the population of Barbados grew a General Assembly was created and began to draft laws. After conflict in England erupted during the English Civil War, and large numbers of English settlers moved to Barbados, the General Assembly began the practice of creating a distinctly Barbados-based administration based upon the plantocracy class.
Recent history As a constituent province of the West Indies Federation, Barbados became independent of the United Kingdom on 30 November 1966 under the Barbados Independence Act 1966. Elizabeth II issued an Order in Council, the Barbados Independence Order 1966, which formally enacted the present constitution. On 30 November 2021, Sandra Mason became the first President of Barbados, replacing Queen Elizabeth as head of state, with Barbados transitioning to a republic after an amendment was passed in October 2021.
Amendments The Constitution may be amended by Act of Parliament. Amendments to certain defined clauses require the support of two thirds of all the members of each House.
Some amendments Barbados Independence Act 1966 (Cap. 37). Constitutional law 1966/Nov/17 - Includes the Barbados Independence Order, 1966 which establishes the judiciary, judicial procedures and parliament. The Constitution is included in the Schedule to the Order. Chapter 1 stipulates that the Constitution is the supreme law Chapter 2 Citizenship Chapter 3 Protection of fundamental rights and freedoms of the individual Chapter 4 The Governor-General Chapter 5 Parliament Chapter 6 Executive powers Chapter 7 The judicature Chapter 8 The public service Chapter 9 Finance Chapter 10 Miscellaneous and interpretation Barbados Independence Order 1966 (No. 1455). - 1966/Nov/22 (Date of entry into force: 1966-11-30) Barbados Constitution (First Amendment) Act (L.R.O. 1978).Source: - Amends a large number of sections in the Constitution including: sections 3, 6, 7, 13, 22, 27, 37, 38, 39, 43, 44, 45, 79, 81, 82, 84, 89, 94, 95, 96, 97, 99, 100, 104, 105, 106, 112, 113, 117. In addition, the following new sections are inserted into the Constitution: 79A, 89A, 93A and 93B and 100A. Barbados Constitution (Second Amendment) Act, 1990.Supplement to Official Gazette, 1990-07-05, No. 17, pp. 1-5 - Amendments relating primarily to the office of Judges. Barbados Constitution (Third Amendment) Act, 1992.Source: Supplement to Official Gazette, No. 18, pp. 1-2 Barbados Constitution (Fourth Amendment) Act, 1995 (No. 2 of 1995)Source: Official Gazette, Supplement, 1995-03-06, p. 2 - Inserts a new section 112A on remuneration of public officers and soldiers which provides that the salaries and allowances payable to the holders of offices established under the Civil Establishment Act and the Defence Act shall not be altered to their disadvantage. Barbados Constitution (Fifth Amendment) Act, 2002 (No. 14).Source: Official Gazette, 2002-09-05, No. 74, pp. 1-3 - Amends Sections 15, 23 and 78 of Constitution. Establishes that imposition of mandatory sentence of death or execution thereof shall not be inconsistent with Section 15 of Constitution. Also provides for transfer between Barbados and other countries of persons detained in prisons, hospitals or other institutions by virtue of orders made in the course of the exercise by courts or tribunals of their jurisdiction. Barbados Constitution (Sixth Amendment) Act, 2003 (2003–10).Source: Official Gazette, 2003-04-24, No. 34, pp. 1-8 - Amends Constitution of Barbados. Inter alia provides for establishment, composition and jurisdiction of Caribbean Court of Justice. Constitution (Seventh Amendment) Act, 2010–2. Constitution (Eighth Amendment) Act, 2018. Amends the Constitution of Barbados to revise the qualifications for membership of the Senate and the provisions relating to disqualification for membership of the Senate and the Assembly. Constitution (Ninth Amendment) (No. 2) Act, 2021.Source: Introduced the office of President of Barbados, to replace the role of Elizabeth II, Queen of Barbados.
Structure Constitutional Order
The Constitution of Barbados, is divided into a preamble, 10 parts and four schedules. They are set out as below.
Preamble According to the Constitution: Whereas the love of free institutions and of independence has always strongly characterised the inhabitants of Barbados: And Whereas the Governor and the said inhabitants settled a Parliament in the year 1639: And Whereas as early as 18 February 1651 those inhabitants, in their determination to safeguard the freedom, safety and well-being of the Island, declared, through their Governor, Lords of the council and members of the Assembly, their independence of the Commonwealth of England: And Whereas the rights and privileges of the said inhabitants were confirmed by articles of agreement, commonly known as the Charter of Barbados, had, made and concluded on 11 January 1652 by and between the Commissioners of the Right Honourable the Lord Willoughby of Parham, Governor, of the one part, and the Commissioners on behalf of the Commonwealth of England, of the other part, in order to the rendition to the Commonwealth of England of the said Island of Barbados: And Whereas with the broadening down of freedom the people of Barbados have ever since then not only successfully resisted any attempt to impugn or diminish those rights and privileges so confirmed, but have consistently enlarged and extended them:
Now, therefore, the people of Barbados: § a. proclaim that they are a sovereign nation founded upon principles that acknowledge the supremacy of God, the dignity of the human person, their unshakeable faith in fundamental human rights and freedoms and the position of the family in a society of free men and free institutions; § b. affirm their belief that men and institutions remain free only when freedom is founded upon respect for moral and spiritual values and the rule of law; § c. declare their intention to establish and maintain a society in which all persons may, to the full extent of their capacity, play a due part in the institutions of the national life; § d. resolve that the operation of the economic system shall promote the general welfare by the equitable distribution of the material resources of the community, by the human conditions under which all men shall labour and by the undeviating recognition of ability, integrity and merit; § e. desire that the following provisions shall have effect as the Constitution of Barbados—
Chapter 1: The Constitution Section 1 §1. ##*This Constitution is the supreme law of Barbados and, subject to the provisions of this Constitution, if any other law is inconsistent with this Constitution, this Constitution shall prevail and the other law shall, to the extent of the inconsistency, be void.
Chapter 2: Citizenship Comprises sections 2–10. Becoming a citizen on Independence day (30 November). Born in Barbados on or after. Born outside Barbados on or after. Registration. Dual nationality. Legislation. Interpretation. Persons who become citizens on 30 November 1966 Person entitled to be registered as citizens Persons born in Barbados after 29 November 1966 Persons born outside Barbados after 29 November 1966 Marriage to citizen of Barbados Renunciation of citizenship Commonwealth citizens Powers of Parliament Interpretation
Chapter 3: Protection of Fundamental Rights and Freedoms of the Individual Comprises sections 11–27. (Based upon European Convention on Human Rights) Fundamental rights and freedoms; rights to life, personal liberty, law, inhuman treatment, slavery and forced labour, arbitrary search and entry; freedom of movement, conscience, expression, assembly and association; privacy, work, racial discrimination, deprivation of property. Provisions for public emergencies, protection of detained persons under emergency laws. Enforcement. Existing laws. Interpretation and savings. Fundamental rights and freedoms of the individual Protection of right to life Protection of right to personal liberty Protection of freedom of expression Protection of freedom of assembly and association Protection of freedom of movement Protection from discrimination on grounds of race, etc. Enforcement of protective provisions Time of emergency Saving of existing law Interpretation
Chapter 4: The President Comprises sections 28-34H. Establishment. Election and impeachment procedures. Acting President. Oath. Exercise. Information on matters of government. Office of President and Head of State Qualification Disqualifications Determination of certain questions Election of President Acting President Term of office Conditions of office Vacation of office Removal from office Procedure for removal from office Oath Personal staff of President Exercise of President's functions Immunities of President
Chapter 5: Parliament Largest chapter, covering sections 35–62.
PART 1: Composition of Parliament Comprises sections 35–47. Establishment, House of Assembly, Senate, Clerks to Houses. Establishment of Parliament Senate Qualifications for membership of Senate Disqualifications for membership of Senate Tenure of seats of Senators President and Deputy President of Senate House of Assembly Electoral law Qualifications for membership of the Assembly Disqualifications for membership of the Assembly Tenure of seats of members of Assembly Determination of questions of membership of Senate and Assembly Filling of Casual Vacancies in Senate and Assembly
PART 2: Powers and Procedure of Parliament Comprises sections 48–59. Legislative power and alteration of Constitution, Procedure and Oath, Voting, Bills and Quorums. Power to make laws Alteration of this Constitution Regulation or procedure in Parliament Presiding in Senate Quorum of Senate Voting in Senate Introduction of Bills, etc. Restriction on powers of Senate as to Money Bills Restrictions on powers of Senate as to Bills other than Money Bills Provisions relating to section 54, 55 and 56 Assent to Bills Oath of allegiance Session of Parliament
PART 3: Summoning, Prorogation and Dissolution Comprises sections 60–62. Prorogation and Dissolution, General Elections, Electoral and Boundaries Commission, electoral divisions. Prorogation and Dissolution of Parliament General Election and Appointment of Senators
Chapter 6: The Executive Powers Sections 63-79(A).