The Bahamian Legal System
The Commonwealth of The Bahamas is a parliamentary democracy.
Its system of law and government is based on the Westminster model,
which envisages three arms of the State - the Executive, Parliament
and the Judiciary. The relationship between each is governed by the
principle of separation of powers and the functioning of each is
clearly articulated in the Country's written Constitution.
Article 38 of the Constitution provides that "there shall be a
Parliament of The Bahamas which shall consist of Her Majesty, a
Senate and a House of Assembly. Pursuant to Article 52 (1) of the
Constitution, "Parliament may make laws for the peace, order and
good government of The Bahamas". In this jurisdiction laws passed
by Parliament are called Acts or Statutes. Acts come into effect
immediately on publication in the official Gazette or as published
in a document called an Appointed Day Notice.
The supremacy of the Constitution of The Commonwealth of The
Bahamas is declared in Article 2 of the Constitution which
provides:
"2. This Constitution is the supreme
law of the Commonwealth of The Bahamas 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".
The Honourable Mr. Justice J.C. Gonsalves-Sabola the President
of The Bahamas Court of Appeal in Harbour
Lobster & Fish Co. Ltd. and Jeffrey Butler Sr. and the Attorney
General of the Bahamas (No 34/1995) noted:
" [I]n a country with a Westminster
model written constitution like that of The Bahamas, the express
enactment in it that it is the supreme law of the land and subject
to the provision of this constitution this constitution shall
prevail and the other law shall to the extent of the inconsistency
be void necessarily give jurisdiction to the courts to determine
whether Parliament keeps within its own jurisdiction and does not
legislate in violation of the constitution."
The significance of the supremacy of the Constitution and the
principles enshrined therein, is that all legislation, government
action, and action by the citizenry are subject to review by the
Courts to ensure that they are consistent with the
Constitution.
The highest court in the Bahamian judicial system is the Privy
Council. It is the final Court of Appeal of the Commonwealth of The
Bahamas. Other courts in the system's hierarchy are The Bahamas
Court of Appeal, the Supreme Court and the Stipendiary &
Circuit Majestrates Courts. Generally, a right of appeal from a
lower Court lies to the Court immediately above it in the
hierarchy.
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