Barbados 1966 Constitution (reviewed 2007)

CHAPTER VII. THE JUDICATURE

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

1. 1. For the purposes of this Chapter,
      • “Agreement” means the Agreement establishing the Caribbean Court of Justice, to which Barbados is a party, and which was signed at Bridgetown, Barbados on 14th February, 2002;
        
        “Court” means the Caribbean Court of Justice;

        “Regional Judicial and Legal Services Commission” or “Commission” means the Commission established by Article V of the Agreement;

        “Treaty” means the Revised Treaty of Chaguaramas establishing the Caribbean Community, including the CARICOM Single Market and Economy,

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        1. which was signed in the Bahamas on 5th July, 2001; and
        2. to which Barbados is a party.
   2. There is established a Judicature consisting of
      1. the Caribbean Court of Justice established by the Agreement; and
      2. the Supreme Court and Magistrate’s Courts,

      which shall exercise jurisdiction under this Constitution or any other law.

79D

1. 1. 1. The Caribbean Court of Justice
         1. shall have exclusive and compulsory jurisdiction in
            1. disputes between Contracting Parties to the Agreement;
            2. disputes between any Contracting Parties to the Agreement and the Community;
            3. referrals from national courts or tribunals of Contracting Parties to the Agreement;
            4. applications by persons in accordance with the Caribbean Court of Justice Act,

            concerning the interpretation and application of the Treaty;

         2. shall have exclusive jurisdiction
            1. to deliver advisory opinions concerning the interpretation and application of the Treaty upon the request of Contracting Parties or the Community;
            2. where there is a dispute as to whether the Court has jurisdiction in a matter, to decide whether the Court has such jurisdiction; and
         3. shall be the final Court of Appeal from any decision given by the Court of Appeal.
      2. Where a court or tribunal is seised of an issue whose resolution involves a question concerning the interpretation or application of the Treaty, the court or tribunal shall, if it considers that a decision on the question is necessary to enable it to deliver judgment, before delivering judgment, refer the question to the Court for determination.
      3. The Court shall be a superior court of record and, save as otherwise provided by Parliament, shall have all the powers of such a court.
      4. A decision of the Court concerning Barbados shall be enforced in Barbados in like manner as if it were a decision of the High Court.

79E

1. 1. 1. The Judges of the Court shall be the President and not more than 9 other Judges, of whom at least 3 shall possess expertise in international law, including international trade law.
      2. The determination of any matter before the Court shall be determined by a majority of the Judges hearing the case.
      3. The Court may sit in such divisions as the President directs, and a Judge may sit in every division.

79F

1. 1. 1. The President of the Court shall be appointed by the qualified majority vote of three-quarters of the Contracting Parties to the Agreement on the recommendation of the Commission.
      2. A Judge of the Court other than the President shall be appointed by the majority vote of all the members of the Regional Judicial and Legal Services Commission.
      3. The qualification for appointment of the President and a Judge shall be as prescribed by law.
      4. A Judge of the Court shall not enter upon the duties of his office until he has taken and subscribed the judicial oath in the form set out in the First Schedule.

79G

1. 1. 1. The President of the Court shall hold office for
         1. a term of 7 years; or
         2. until he attains the age of 72 years or sooner resigns or retires,

         whichever is the earlier.

      2. A Judge of the Court shall hold office until he attains the age of 72 years or sooner resigns or retires.
      3. Notwithstanding that
         1. he has attained the age at which he is required by the provisions of this section to vacate his office; or
         2. he has retired or resigned before reaching such age,

         the President or other Judge of the Court may sit as a Judge for the purpose of delivering judgment or doing any other thing in relation to proceedings which were commenced before him before he attained that age or, as the case may be, retired or resigned.

   2. A Judge may be removed from office only for inability to perform the functions of his office, whether arising from illness or any other cause or for misbehaviour, and shall not be so removed except in accordance with such provisions as are prescribed by law.
   3. The resignation or retirement of a Judge shall be in accordance with provision prescribed by law.

80

1. 1. 1. The Supreme Court shall consist of the Court of Appeal and the High Court, and shall have such jurisdiction, powers and authority as may be conferred upon those courts respectively by this Constitution or any other law.
      2. The Judges of the Supreme Court shall be the Chief Justice and such number of Justices of Appeal and Judges of the High Court as may be prescribed by Parliament.
      3. No office of Judge shall be abolished while there is a substantive holder thereof.
      4. The Supreme Court shall be a superior court of record and, save as otherwise provided by Parliament, shall have all the powers of such a court.

81

1. 1. 1. The Chief Justice and other Judges of the Supreme Court shall be appointed by the Governor-General, by instrument under the Public Seal, on the recommendation of the Prime Minister after consultation with the Leader of the Opposition.
      2. The qualifications for appointment as a Judge shall be such as may be prescribed by any law for the time being in force:Provided that a person who has been appointed as a Judge may continue in office notwithstanding any subsequent variations in the qualifications so prescribed.

82

1. 1. If the office of Chief Justice is vacant or if the holder thereof is performing the functions of the office of Governor-General or is for any other reason unable to perform the functions of his office, then, until a person has been appointed to that office and assumed its functions or, as the case may be, until the holder thereof has resumed those functions, they shall be performed by such other person, qualified under section 81(2) for appointment as a Judge, as the Governor-General, acting on the recommendation of the Prime Minister, may appoint to act as Chief Justice by instrument under the Public Seal.
   2. If the office of a Justice of Appeal or Judge of the High Court is vacant, or if any such Judge is appointed to act as Chief Justice or is for any reason unable to perform the functions of his office, or if the Chief Justice advises the Governor-General that the state of business of the Supreme Court so requires, the Governor-General, acting in accordance with the advice of the Prime Minister, may, by instrument under the Public Seal, appoint a person qualified under section 81(2) for appointment as a Judge to act as a Judge; and any person so appointed shall continue to act until his appointment is revoked by the Governor-General, acting in accordance with the advice of the Prime Minister.
   3. A person may be appointed under the provisions of this section to act as Chief Justice or other Judge notwithstanding that he has attained the age at which that office is required by section 84(1) to be vacated by the holder thereof.
   4. Any person so appointed may, notwithstanding that the period of his appointment has expired or his appointment has been revoked, sit as a Judge for the purpose of delivering judgment or doing any other thing in relation to proceedings which were commenced before him while he was acting as such.
2. A Judge shall not enter upon the duties of his office until he has taken and subscribed the oath of allegiance and the judicial oath in the form set out in the First Schedule.

84

1. Subject to the following provisions of this section, a person holding the office of a Judge shall vacate office when he attains,
   1. in the case of a Judge of the High Court other than the Chief Justice, the age of sixty-five years; and
   2. in the case of the Chief Justice and a Justice of Appeal, the age of seventy years.
2. Notwithstanding subsection (1), the Governor-General, acting on the recommendation of the Prime Minister, may permit
   1. a Judge of the High Court, other than the Chief Justice, who has attained the age of sixty-five years, or
   2. the Chief Justice or a Justice of Appeal who has attained the age of seventy years,

   to continue in office until he has attained, in the case of a Judge of the High Court such later age, not exceeding sixty-seven years and, in the case of any other Judge, such later age, not exceeding seventy-two years, as may have been agreed between the Governor-General and the Judge of the High Court or other Judge.

3. Notwithstanding that he
   1. has attained the age at which he is required by the provisions of this section to vacate his office; or
   2. has retired or resigned before reaching such age,

   a person may sit as a Judge for the purpose of delivering judgment or doing any other thing in relation to proceedings which were commenced before him before he attained that age or, as the case may be, retired or resigned.

4. A Judge may be removed from office only for inability to discharge the functions of his office (whether arising from infirmity of body or mind or any other cause) or for misbehaviour, and shall not be so removed except in accordance with the provisions of subsection (4).
5. A Judge shall be removed from office by the Governor-General, by instrument under the Public Seal, if the question of the removal of that Judge from office has, at the request of the Governor-General made in pursuance of subsection (5), been referred by him to the Caribbean Court of Justice and the Court has advised the Governor-General that the Judge ought to be removed from office for inability as aforesaid or for misbehaviour.
6. If the Prime Minister (in the case of the Chief Justice) or the Chief Justice after consultation with the Prime Minister (in the case of any other Judge) advises the Governor-General that the question of removing a Judge from office for inability as aforesaid or for misbehaviour ought to be investigated, then
   1. the Governor-General shall appoint a tribunal, which shall consist of a Chairman and not less than two other members, selected by the Governor-General in accordance with the advice of the Prime Minister (in the case of the Chief Justice) or of the Chief Justice (in the case of any other Judge) from among persons who hold or have held office as a judge of a court having unlimited jurisdiction in civil and criminal matters in some part of the Commonwealth or a court having jurisdiction in appeals from any such court;
   2. that tribunal shall enquire into the matter and report on the facts thereof to the Governor-General and advise the Governor-General whether he should request that the question of the removal of that Judge should be referred by the Governor-General to the Caribbean Court of Justice; and
   3. if the tribunal so advises, the Governor-General shall request that the question should be referred accordingly.
7. The provisions of the Second Schedule shall apply in relation to tribunals appointed under subsection (5).
8. If the question of removing a Judge from office has been referred to a tribunal appointed under subsection (5), the Governor-General, acting in accordance with the advice of the Prime Minister (in case of the Chief Justice) or of the Chief Justice after the Chief Justice has consulted with the Prime Minister (in the case of any other Judge), may suspend the Judge from performing the functions of his office.
9. Any such suspension may at any time be revoked by the Governor-General, acting in accordance with the advice of the Prime Minister or the Chief Justice (as the case may be), and shall in any case cease to have effect
   1. if the tribunal advises the Governor-General that he should not request that the question of the removal of the Judge from office should be referred by the Governor-General to the Caribbean Court of Justice; or
   2. the Caribbean Court of Justice advises the Governor-General that the Judge ought not to be removed from office.
10. The provisions of this section shall be without prejudice to the provisions of section 82(2).

PART 2. Appeals

85

1. Subject to the provisions of subsection (2), the Court of Appeal established by Part 1 of this Chapter shall be constituted by not less than three Judges sitting together.
2. A Judge shall not sit as a Judge of the Court of Appeal on the hearing of an appeal
   1. from any decision given by himself or any decision given by any court of which he was sitting as a member; or
   2. against a conviction or sentence if he was the Judge by or before whom the appellant was convicted.

86

1. Notwithstanding anything contained in Part 1 of this Chapter, Parliament may make provision –
   1. for implementing arrangements made between the Government of Barbados and the Government or Governments of any other part or parts of the Commonwealth relating to the establishment of a court of appeal to be shared by Barbados with that part or those parts of the Commonwealth, and for the hearing and determination by such a court of appeals from decisions of any court in Barbados; or
   2. for the hearing and determination of appeals from decisions of any court in Barbados by a court established for any other part of the Commonwealth.
2. A law enacted in pursuance of subsection (1) may provide that the jurisdiction conferred on any such court as is referred to in that subsection shall be to the exclusion, in whole or in part, of the jurisdiction of the Court of Appeal established by Part 1 of this Chapter; and during any period when jurisdiction is so conferred to the exclusion of the whole jurisdiction of the said Court of Appeal, Parliament may suspend the provisions of the said Part 1 establishing that Court.
3. In subsection (1), the expression “any court in Barbados” includes the Court of Appeal established by Part 1 of this Chapter.

87

1. An appeal to the Court of Appeal shall lie as of right from final decisions of the High Court given in exercise of the jurisdiction conferred on the High Court by section 24 (which relates to the enforcement of fundamental rights and freedoms).
2. An appeal shall lie as of right to the Caribbean Court of Justice from any decision given by the Court of Appeal in any such case.
3. In this section “the Court of Appeal” means such court as may be vested with jurisdiction to hear appeals from any court in Barbados in pursuance of section 86 or, if there is no such court, the Court of Appeal established by Part 1 of this Chapter.

88

1. Parliament may provide for an appeal to lie from –
   1. decisions of the Court of Appeal established by Part 1 of this Chapter; or
   2. decisions of any other court in exercise of jurisdiction conferred by a law enacted in pursuance of section 86(1),

   to the Caribbean Court of Justice, either as of right or with the leave of the said Court of Appeal or other court, as the case may be, in such cases other than those referred to in section 87(2) as may be prescribed by Parliament.

2. Nothing in this Constitution shall affect any right of the Caribbean Court of Justice to grant special leave to appeal from decisions such as are referred to in subsection (1).
3. A decision of the Caribbean Court of Justice is final and shall not be the subject of any appeal or enquiry in any tribunal or other court.