Judicial System of the Bahamas
INTRODUCTION
The Commonwealth of The Bahamas is a Parliamentary nation. The law and government of the land are based on the Westminster system which looks at the three branches of the State, the Executive, Parliament and the Judiciary. The function of each of these branches is clearly articulated in the country’s written Constitution, which is the supreme law of the land. According to Article 38 of the Constitution, “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. Immediately upon publication in the official Gazette, Acts come into effect on a date specified in the Act or on a document called an Appointed Day Notice.
The Legal System in The Bahamas is independent of the political process in the country. The basis for the Bahamian legal system derives from an English common law tradition which declares the existence of certain fundamental principles that are observed and enforced. These rights are included in the Constitution, Article 15 concisely states these principles: “Whereas every person in The Bahamas is entitled to the fundamental rights and freedom of the individual, that is to say, has the right, whatever his race, place of origin, political opinions, color, creed or sex, but subject to respect for the rights and freedoms of others and for the protection of the public interest, to each and all the following namely:
1. life, liberty, security of the person and the protection of the law;
2. freedom of conscience, of expression and of assembly and association;
3. protection for the privacy of his home and other property and from deprivation of property without compensation.”
The Judicature in The Bahamas is independent of the Executive and the Legislature. It is headed by
The Commonwealth of The Bahamas is a Parliamentary nation. The law and government of the land are based on the Westminster system which looks at the three branches of the State, the Executive, Parliament and the Judiciary. The function of each of these branches is clearly articulated in the country’s written Constitution, which is the supreme law of the land. According to Article 38 of the Constitution, “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. Immediately upon publication in the official Gazette, Acts come into effect on a date specified in the Act or on a document called an Appointed Day Notice.
The Legal System in The Bahamas is independent of the political process in the country. The basis for the Bahamian legal system derives from an English common law tradition which declares the existence of certain fundamental principles that are observed and enforced. These rights are included in the Constitution, Article 15 concisely states these principles: “Whereas every person in The Bahamas is entitled to the fundamental rights and freedom of the individual, that is to say, has the right, whatever his race, place of origin, political opinions, color, creed or sex, but subject to respect for the rights and freedoms of others and for the protection of the public interest, to each and all the following namely:
1. life, liberty, security of the person and the protection of the law;
2. freedom of conscience, of expression and of assembly and association;
3. protection for the privacy of his home and other property and from deprivation of property without compensation.”
The Judicature in The Bahamas is independent of the Executive and the Legislature. It is headed by