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The Constitution of Barbados

THE LAWS OF BARBADOSP rinted by the Government Printer, Bay Street, St. Michaelby the authority of the Government of Barbados1 2002 The Constitution of BarbadosTHE Constitution OF BARBADOS1 ARRANGEMENT OF SECTIONSSECTIONCHAPTER ITHE Constitution is supreme IICITIZENSHIP who become citizens on 30th November 1966. entitled to be registered as citizens. 3A. Persons also entitled to be registered as citizens. born in Barbados after 29th November 1966. 4A. Barbadian diplomats, etc. special provisions. born outside Barbados after 29th November 1966. to citizen of Barbados . of citizenship. citizens. of IIIPROTECTION OF FUNDAMENTAL RIGHTSAND FREEDOMS OF THE rights and freedoms of the of right to This Constitution was originally the Schedule to the Barbados Independence Order, 1966, 1966 No. 1455 ( ) reprinted in the Appendix to Title 2002 2 The Constitution of BarbadosSECTION13.

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 II CITIZENSHIP 2. (1) Every person who, having been born in Barbados, is on

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Transcription of The Constitution of Barbados

1 THE LAWS OF BARBADOSP rinted by the Government Printer, Bay Street, St. Michaelby the authority of the Government of Barbados1 2002 The Constitution of BarbadosTHE Constitution OF BARBADOS1 ARRANGEMENT OF SECTIONSSECTIONCHAPTER ITHE Constitution is supreme IICITIZENSHIP who become citizens on 30th November 1966. entitled to be registered as citizens. 3A. Persons also entitled to be registered as citizens. born in Barbados after 29th November 1966. 4A. Barbadian diplomats, etc. special provisions. born outside Barbados after 29th November 1966. to citizen of Barbados . of citizenship. citizens. of IIIPROTECTION OF FUNDAMENTAL RIGHTSAND FREEDOMS OF THE rights and freedoms of the of right to This Constitution was originally the Schedule to the Barbados Independence Order, 1966, 1966 No. 1455 ( ) reprinted in the Appendix to Title 2002 2 The Constitution of BarbadosSECTION13.

2 Protection of right to personal Protection from slavery and forced Protection from inhuman Protection from deprivation of Protection against arbitrary search or Provisions to secure protection of Protection of freedom of Protection of freedom of Protection of freedom of assembly and Protection of freedom of Protection from discrimination on grounds of race, Enforcement of protective Time of Saving of existing IVTHE GOVERNOR-GENERAL28. Establishment of office of Acting Deputy to Personal staff of Exercise of Governor-General's Public Oaths to be taken by LAWS OF BARBADOSP rinted by the Government Printer, Bay Street, St. Michaelby the authority of the Government of Barbados2A 2003 The Constitution of BarbadosSECTIONCHAPTER VPARLIAMENTPART 1 Composition of of for membership of for membership of of seats of and Deputy President of of and Boundaries of and autonomy of for review of constituency of Electoral and Boundaries Commission from LAWS OF BARBADOSP rinted by the Government Printer, Bay Street, St.

3 Michaelby the authority of the Government of Barbados3 2003 The Constitution of for membership of for membership of of seats of members of of questions of membership of Senate and of casual vacancies in Senate and 2 Powers and Procedure of to make of this of procedure in in of in of Bills, on powers of Senate as to Money on powers of Senate as to Bills other than Money relating to sections 54, 55 and to of 2003 4 The Constitution of BarbadosSECTIONPART 3 Summoning, Prorogation and of and dissolution of election and appointment of VIEXECUTIVE authority of of of office of of Prime Minister s functions in certain to be taken by in to be informed concerning matters of of responsibilities to of the vacancies in office of Leader of of Privy LAWS OF BARBADOSP rinted by the Government Printer, Bay Street, St. Michaelby the authority of the Government of Barbados5 2007 The Constitution of of of office and functions of Director of Public Attorney-General may give directions to Director of Public Prosecutions inthe case of certain VIITHE JUDICATUREPART 1 The Caribbean Court of Justice, the Supreme Court and the Magistrate's Courts79B.

4 Establishment of The Caribbean Court of Constitution of the Caribbean Court of Appointment of of office of Removal of and retirement of of Supreme of to be taken by of office of 2007 6 The Constitution of BarbadosSECTIONPART of Court of arrangements for relating to fundamental rights and to the Caribbean Court of Justice in other VIIITHE PUBLIC SERVICEPART 1 The Services and composition of Judicial and Legal Service and composition of Public Service and composition of Police Service of 2 Appointment, removal and discipline of public , etc., of judicial and legal , etc., of public of powers under section , etc., of members of the Police of powers under section to Privy Council in disciplinary LAWS OF BARBADOSP rinted by the Government Printer, Bay Street, St. Michaelby the authority of the Government of Barbados 2007 The Constitution of Barbados6 ASECTION98A.

5 Public Service Appeal of permanent secretaries and certain other public , etc., of principal representatives abroad and subordinate Appointments on transfer to certain , etc., of Director of Public , etc., of of pension and withholding of pensions, from office of certain of Commissions, etc., from legal of expenditure from Consolidated of Governor-General and certain other 2007 6 BThe Constitution of BarbadosECTION112A. Remuneration of public officers and of office and functions of XMISCELLANEOUS AND of office on attaining a prescribed SCHEDULEOATHS_____SECOND SCHEDULEPROVISIONS RELATING TO CERTAIN TRIBUNALS_____THIRD SCHEDULERULES RELATING TO THE CONSTITUENCIESTHE LAWS OF BARBADOSP rinted by the Government Printer, Bay Street, St. Michaelby the authority of the Government of Barbados7 2007 The Constitution of BarbadosTHE Constitution OF BARBADOSW hereas the love of free institutions and of independence hasalways strongly characterised the inhabitants of Barbados :And Whereas the Governor and the said inhabitants settled aParliament in the year 1639:And Whereas as early as 18th February, 1651 those inhabitants, intheir determination to safeguard the freedom, safety and well-being ofthe Island, declared, through their Governor, Lords of the Council andmembers of the Assembly, their independence of the Commonwealthof England.

6 And Whereas the rights and privileges of the said inhabitants wereconfirmed by articles of agreement, commonly known as the Charterof Barbados , had, made and concluded on 11th January, 1652 by andbetween the Commissioners of the Right Honourable the LordWilloughby of Parham, Governor, of the one part, and theCommissioners on behalf of the Commonwealth of England, of theother part, in order to the rendition to the Commonwealth of Englandof the said Island of Barbados :And Whereas with the broadening down of freedom the people ofBarbados have ever since then not only successfully resisted anyattempt 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 uponprinciples that acknowledge the supremacy of God, thedignity of the human person, their unshakeable faith infundamental human rights and freedoms and the position ofthe family in a society of free men and free institutions;1 Section 10 of Act 1990-17 has been incorporated as section 9 of the Supreme Court ofJudicature Act, Cap.

7 2007 8 The Constitution of Barbados (b)affirm their belief that men and institutions remain free onlywhen freedom is founded upon respect for moral and spiritualvalues and the rule of law;(c)declare their intention to establish and maintain a society inwhich all persons may, to the full extent of their capacity, playa due part in the institutions of the national life;(d)resolve that the operation of the economic system shallpromote the general welfare by the equitable distribution ofthe material resources of the community, by the humanconditions under which all men shall labour and by theundeviating recognition of ability, integrity and merit;(e)desire that the following provisions shall have effect as theConstitution of Barbados CHAPTER ITHE CONSTITUTION1. This Constitution is the supreme law of Barbados and, subjectto the provisions of this Constitution , if any other law is inconsistentwith this Constitution , this Constitution shall prevail and the otherlaw shall, to the extent of the inconsistency, be IICITIZENSHIP2.

8 (1) Every person who, having been born in Barbados , is on29th November, 1966 a citizen of the United Kingdom and Coloniesshall become a citizen of Barbados on 30th November, 1966.(2) Every person who, having been born outside Barbados , ison 29th November, 1966 a citizen of the United Kingdom andColonies shall, if his father becomes or would but for his death havebecome a citizen of Barbados in accordance with the provisions ofsubsection (1), become a citizen of Barbados on 30th November, whobecomecitizens on30thNovember, LAWS OF BARBADOSP rinted by the Government Printer, Bay Street, St. Michaelby the authority of the Government of Barbados9 2002 The Constitution of Barbados (3) Any person who on 29th November 1966 is a citizen of theUnited Kingdom and Colonies,(a)having become such a citizen under the British Nationality Act19481 by virtue of his having been naturalised in Barbados as aBritish subject before that Act came into force; or(b)having become such a citizen by virtue of his having beennaturalised or registered in Barbados under that Act,shall become a citizen of Barbados on 30th November (1) Any woman who on 29th November is or has beenmarried to a person (a)who becomes a citizen of Barbados by virtue of section 2.

9 Or(b)who, having died before 30th November 1966, would but forhis death have become a citizen of Barbados by virtue of thatsection,shall be entitled, upon making application, and, if she is a Britishprotected person or an alien, upon taking the oath of allegiance, to beregistered as a citizen of Barbados .(2) Any person who is a Commonwealth citizen (otherwise thanby virtue of being a citizen of Barbados ) and who (a)has been ordinarily resident in Barbados continuously for aperiod of seven years or more at any time before 30thNovember 1966; and(b)has not, since such period of residence in Barbados andbefore that date, been ordinarily resident outside Barbadoscontinuously for a period of seven years or more,shall be entitled, upon making application, to be registered as a citizenof tobe registeredas of the United Kingdom 2002 10 The Constitution of Barbados (3) Any woman who on 29th November 1966 is or has beenmarried to a person who subsequently becomes a citizen of Barbadosby registration under subsection (2) shall be entitled, upon makingapplication, and, if she is a British protected person or an alien, upontaking the oath of allegiance, to be registered as a citizen of Barbados .

10 (4) Any application for registration under this section shall be madein such manner as may be prescribed as respects that application:Provided that such an application may not be made by a person whohas not attained the age of eighteen years and is not a woman who is orhas been married, but shall be made on behalf of that person by aparent or guardian of that person.(5) The right to be registered as a citizen of Barbados under thissection shall be subject to such exceptions or qualifications as may beprescribed in the interests of national security or public (1) The following descriptions of person also have the rightupon application to be registered as citizens of Barbados , namely (a)a person who has been ordinarily resident in Barbados through-out the period of ten years (or such longer period as may beprescribed) immediately preceding that person's application;(b)a person who has been married to a citizen of Barbados , andhas cohabited with that citizen, for such period as may beprescribed immediately preceding that person's application.


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