The Constitution of Barbados is the

supreme law A constitution is the aggregate of fundamental principles or established precedents that constitute the legal basis of a polity, organisation or other type of entity and commonly determine how that entity is to be governed. When these princi ...

under which

Barbados Barbados is an island country in the Lesser Antilles of the West Indies, in the Caribbean region of the Americas, and the most easterly of the Caribbean Islands. It occupies an area of and has a population of about 287,000 (2019 estimate). ...

is governed. The Constitution provides a legal establishment of the

Government of Barbados The Government of Barbados (GoB), is a unitary parliamentary republic, where the President of Barbados represents as the head of state and the Prime Minister of Barbados represents as the head of government. Structure The country has a bicame ...

, 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, 1978, 1990, 1992, 1995, 2002, 2003, 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 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 subj ...

. Prior statutes were created for the administration of Barbados as a colony. As a former

English English usually refers to: * English language * English people English may also refer to: Peoples, culture, and language * ''English'', an adjective for something of, from, or related to England ** English national ide ...

and

later Later may refer to: * Future, the time after the present Television * ''Later'' (talk show), a 1988–2001 American talk show * '' Later... with Jools Holland'', a British music programme since 1992 * ''The Life and Times of Eddie Roberts'', or ...

British colony The British Overseas Territories (BOTs), also known as the United Kingdom Overseas Territories (UKOTs), are fourteen territories with a constitutional and historical link with the United Kingdom. They are the last remnants of the former Bri ...

, the Constitution is similar to those of other former

Commonwealth realms A Commonwealth realm is a sovereign state in the Commonwealth of Nations whose monarch and head of state is shared among the other realms. Each realm functions as an independent state, equal with the other realms and nations of the Commonwealt ...

, 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 The Crown is the state in all its aspects within the jurisprudence of the Commonwealth realms and their subdivisions (such as the Crown Dependencies, overseas territories, provinces, or states). Legally ill-defined, the term has different ...

and to seek initial settlers. In 1627 the initial settlers landed at Barbados and formed a colony based entirely on

common law In law, common law (also known as judicial precedent, judge-made law, or case law) is the body of law created by judges and similar quasi-judicial tribunals by virtue of being stated in written opinions."The common law is not a brooding omnipresen ...

. 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 The English Civil War (1642–1651) was a series of civil wars and political machinations between Parliamentarians (" Roundheads") and Royalists led by Charles I ("Cavaliers"), mainly over the manner of England's governance and issues of re ...

, 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 A slavocracy, also known as a plantocracy, is a ruling class, political order or government composed of (or dominated by) slave owners and plantation owners. A number of early European colonies in the New World were largely plantocracies, usually ...

class.

Recent history

As a constituent province of the

West Indies Federation The West Indies Federation, also known as the West Indies, the Federation of the West Indies or the West Indian Federation, was a short-lived political union that existed from 3 January 1958 to 31 May 1962. Various islands in the Caribbean that ...

, Barbados became independent of the

United Kingdom The United Kingdom of Great Britain and Northern Ireland, commonly known as the United Kingdom (UK) or Britain, is a country in Europe, off the north-western coast of the continental mainland. It comprises England, Scotland, Wales and North ...

on 30 November 1966 under the

Barbados Independence Act 1966 The Barbados Independence Act 1966 (c. 37) is an Act of the Parliament of the United Kingdom that granted List of countries that have gained independence from the United Kingdom, independence to Barbados with effect from 30 November 1966. The Ac ...

Elizabeth II Elizabeth II (Elizabeth Alexandra Mary; 21 April 1926 – 8 September 2022) was Queen of the United Kingdom and other Commonwealth realms from 6 February 1952 until her death in 2022. She was queen regnant of 32 sovereign states during ...

issued an

Order in Council An Order-in-Council is a type of legislation in many countries, especially the Commonwealth realms. In the United Kingdom this legislation is formally made in the name of the monarch by and with the advice and consent of the Privy Council ('' Ki ...

, the Barbados Independence Order 1966, which formally enacted the present constitution. On 30 November 2021,

Sandra Mason Dame Sandra Prunella Mason (born 17 January 1949) is a Barbadian politician, lawyer, and diplomat who is serving as the first president of Barbados since 2021. She was previously the eighth and final governor-general of Barbados from 2018 to 20 ...

became the first

President of Barbados The president of Barbados is the head of state of Barbados and the commander-in-chief of the Barbados Defence Force. The office was established when the country became a parliamentary republic on 30 November 2021. Before, the head of state was ...

, replacing Queen Elizabeth as

head of state A head of state (or chief of state) is the public persona who officially embodies a state Foakes, pp. 110–11 " he head of statebeing an embodiment of the State itself or representatitve of its international persona." in its unity and l ...

, with Barbados transitioning to a republic.

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). - 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. - Amendments relating primarily to the office of Judges. * Barbados Constitution (Third Amendment) Act, 1992. * Barbados Constitution (Fourth Amendment) Act, 1995 (No. 2 of 1995) - 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). - 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). - Amends Constitution of Barbados. Inter alia provides for establishment, composition and jurisdiction of Caribbean Court of Justice. * Constitution (Amendment) (No. 2) Act, 2021. Introduced the office of

, to replace the role of

, 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 citizen A Commonwealth citizen is a citizen or qualified national of a Commonwealth of Nations member state. Most member countries do not treat citizens of other Commonwealth states any differently from foreign nationals, but some grant limited citizen ...

s ##*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 The European Convention on Human Rights (ECHR; formally the Convention for the Protection of Human Rights and Fundamental Freedoms) is an international convention to protect human rights and political freedoms in Europe. Drafted in 1950 by t ...

'') * 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 House of Assembly is a name given to the legislature or lower house of a bicameral parliament. In some countries this may be at a subnational level. Historically, in British Crown colonies as the colony gained more internal responsible governme ...

Senate A senate is a deliberative assembly, often the upper house or chamber of a bicameral legislature. The name comes from the ancient Roman Senate (Latin: ''Senatus''), so-called as an assembly of the senior (Latin: ''senex'' meaning "the el ...

, 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). * Executive authority.

Prime Minister A prime minister, premier or chief of cabinet is the head of the cabinet and the leader of the ministers in the executive branch of government, often in a parliamentary or semi-presidential system. Under those systems, a prime minister is not ...

, Performance of functions during absence or illness. Ministers of Government and portfolio allocation.

Attorney General In most common law jurisdictions, the attorney general or attorney-general (sometimes abbreviated AG or Atty.-Gen) is the main legal advisor to the government. The plural is attorneys general. In some jurisdictions, attorneys general also have exec ...

. Performance of ministerial functions. Cabinet. Ministers of State. Oath taken by Ministers, etc. Leader of the Opposition. Permanent Secretaries and Cabinet Secretary. Control of public prosecutions. Constitution of offices, etc. Prerogative of mercy. Procedure in capital cases. Barbados Privy Council. ##*Executive authority of Barbados ##*Cabinet ##*Appointment of Ministers ##*Tenure of office of Ministers ##*Performance of Prime Minister's functions in certain events ##*Temporary Ministers ##*Oaths to be taken by Ministers ##*Presiding in Cabinet ##*Governor General to be informed concerning matters of government ##*Assignment of responsibilities to Ministers ##*Parliamentary Secretaries ##*Leader of the Opposition ##*Certain vacancies in office of Leader of Opposition ##*Privy Council ##*Proceedings of Privy Council ##*Prerogative of Mercy ##*Establishment of office of Attorney-General and functions of Director of Public Prosecutions

Chapter 7: The Judicature

Comprises sections 79(B)-88.

PART 1: The Caribbean Court of Justice, the Supreme Court and the Magistrate’s Courts

Sections 79(B)-84. * Establishment of

Supreme Court A supreme court is the highest court within the hierarchy of courts in most legal jurisdictions. Other descriptions for such courts include court of last resort, apex court, and high (or final) court of appeal. Broadly speaking, the decisions of ...

, Court of Appeal. Supreme Court. Court of Appeal. Originally, appeals to Her Majesty in Council; appeals to Privy Council since abolished by several Barbados Constitution Bills and replaced with the

Caribbean Court of Justice The Caribbean Court of Justice (CCJ; nl, Caribisch Hof van Justitie; french: Cour Caribéenne de Justice) is the judicial institution of the Caribbean Community (CARICOM). Established in 2005, it is based in Port of Spain, Trinidad and Tobago. ...

. ##*Establishment of Supreme Court ##*Appointment of Judges ##*Acting Judges ##*Oaths to be taken by Judges ##*Tenure of office of Judges

PART 2: APPEALS

Sections 85-88. • Right to appeal judicial decisions, decisions of CCJ are final and cannot be appealed or enquiry in any tribunal or other court.

Chapter 8: The Public Service

Comprises sections 89-106.

PART 1. THE SERVICES COMMISSIONS

Sections 89-92(§3). * Public Services Commission. ##*Establishment and composition of Judicial and legal Service Commission ##*Establishment and composition of Public Service Commission ##*Establishment and composition of Police Service Commission ##*Procedure of Commissions

PART 2. APPOINTMENT, REMOVAL AND DISCIPLINE OF PUBLIC OFFICERS

Sections 93-102. * Appointment of public officers and other civil servants. ##*Appointment, etc., of judicial and legal officers ##*Appointment, etc., of public officers ##*Delegation of powers under section 94 ##*Appointment, etc., of members of the Police Force ##*Delegation of powers under section 96 ##*Appeals to privy Council in disciplinary matters ##*Appointment of permanent secretaries and certain other public officers ##*Appointment, etc., of principal representatives abroad and subordinate staff ##*Appointment, etc., of Director of Public Prosecutions ##*Appointment, etc., of Auditor General

PART 3. PENSIONS

Sections 103-104. * Pensions. Gratuity and retirement ##*Protection of pension rights ##*Grant and withholding of pensions, etc.

PART 4. MISCELLANEOUS

Sections 105-106. * Discipline. ##*Removal from office of certain persons ##*Protection of Commissions, etc., from legal proceedings

Chapter 9: FINANCE

Sections 107-113. * Consolidated Revenue Fund, Contingencies Fund. Remuneration, public debt and audit. ##*Consolidated Fund ##*Estimate ##*Authorization of expenditure ##*Meeting expenditure from consolidated Fund ##*Public debt ##*Remuneration of Governor General and certain other officers ##*Establishment of office and functions of Auditor-General

Chapter 10: MISCELLANEOUS AND INTERPRETATION

Sections 114-117. * Code of Conduct. National Symbols. Appointments. Removal and Resignations. Consultation. National Seal. Interpretation. ##*Appointments ##*Resignations ##*Vacation of office on attaining a prescribed age ##*Interpretation

FIRST SCHEDULE - Oaths

* Oath of Allegiance; Governor-General; Prime Minister/Minister/Parliamentary Secretary; Director of Public Prosecutions; Judicial Oath (Chief Justice/Justice of Appeal/Judge of the High Court); Judicial Oath for Judges of the Caribbean Court of Justice (President/Judge)

SECOND SCHEDULE - Provisions Relating to Certain Tribunals

Sections 1-11. * Tribunal vacancies, Records keeping, Brokering divided votes, rules creation and protection from liability, parity to Supreme Court, summons, disruption of proceedings, protection from self-incrimination

THIRD SCHEDULE - RULES RELATING TO THE CONSTITUENCIES

Sections 1-2. ##The electorate shall, so far as practicable, be equal in all constituencies: Provided that the electorate in any constituency shall, so far as practicable, not exceed 115%, nor be less than 85%, of the total electorate divided by the number of constituencies. ##Natural boundaries such as highways and rivers shall be used wherever possible.