Constitution of The BahamasIn briefDuring war or a declared public emergency, laws may limit certain rights if reasonably justifiable, emergency proclamations are time-limited, and Parliament must be summoned.
This Article applies to any period when-
This Article applies to any period when:
The Bahamas is at war; or
The Bahamas is at war; or
there is in force a proclamation (in this section referred to as a "proclamation of emergency") made by the Governor-General and published in the Gazette declaring that a state of public emergency exists for the purposes of this section.
a proclamation (an official public declaration) made by the Governor-General and published in the Gazette is in force declaring that a state of public emergency exists for the purposes of this Article. This Article calls such a proclamation a "proclamation of emergency".
Nothing contained in or done under that authority of any law shall be held to be inconsistent with or in contravention of Article 19, any provision of Article 20 other than paragraph (4) thereof, or any provision of Article 21 to 26 (inclusive) of this Constitution to the extent that the law in Question makes in relation to any period to which this Article applies provision, or authorizes the doing during any such period of anything, which is reasonably justifiable in the circumstances of any situation or existing during that period for the purpose of dealing with that situation.
A law, and anything done under it, is not treated as inconsistent with or in breach of Article 19, any provision of Article 20 other than paragraph (4), or any provision of Articles 21 to 26 (inclusive) of this Constitution, to the extent that the law makes provision for a period to which this Article applies, or authorises something to be done during such a period, that is reasonably justifiable in the circumstances of any situation arising or existing during that period for the purpose of dealing with that situation.
Where any proclamation of emergency has been made, copies thereof shall as soon as practicable be laid before both Houses of Parliament, and if for any cause those Houses are not due to meet within five days the Governor-General shall, by proclamation published in the Gazette, summon them to meet within five days and they shall accordingly meet and sit upon the day appointed by the proclamation and shall continue to sit and act as if they had stood adjourned or prorogued to that day:
When a proclamation of emergency is made, copies of it must be laid before both Houses of Parliament as soon as practicable. If for any reason the Houses are not due to meet within five days, the Governor-General must, by a proclamation published in the Gazette, summon them to meet within five days. They must then meet and sit on the day appointed by that proclamation, and continue to sit and act as if they had been adjourned or prorogued (suspended) to that day:
Provided that if the proclamation of emergency is made during the period between a dissolution of Parliament and the next ensuing general election-
However, if the proclamation of emergency is made during the period between a dissolution of Parliament and the next general election:
the Houses to be summoned as aforesaid shall be the Houses referred to in Article 66 of this Constitution unless the Governor-General is satisfied that it will be practicable to hold that election within seven days of the making of the proclamation of emergency; and
the Houses to be summoned are the Houses referred to in Article 66 of this Constitution, unless the Governor-General is satisfied that it will be practicable to hold that election within seven days of the making of the proclamation of emergency; and
if the Governor-General is so satisfied, he shall (instead of summoning the House so referred to meet within five days of the making of the Parliament to meet as election.
if the Governor-General is so satisfied, the Governor-General must, instead of summoning those Houses to meet within five days of the making of the proclamation, summon the Houses of the new Parliament to meet as soon as practicable after the election is held.
A proclamation of emergency shall, unless it is sooner revoked by the Governor-General, cease to be in force at the expiration of a period of fourteen days beginning on the date on which it was made or such longer period as may be provided under paragraph (5) of this Article, but without prejudice to the making of another proclamation of emergency at or before the end of that period.
Unless the Governor-General revokes it sooner, a proclamation of emergency stops being in force at the end of fourteen days beginning on the date it was made, or at the end of any longer period provided for under paragraph (5) of this Article. This does not prevent another proclamation of emergency from being made at or before the end of that period.
If at any time while a proclamation of emergency is in force (including any time while it is in force by virtue of the provisions of this paragraph) a resolution is passed by each House of Parliament approving its continuance in force for a further period, not exceeding six months, beginning on the date on which it would otherwise expire, the proclamation shall, if not sooner revoked, continue in force for that further period.
If, at any time while a proclamation of emergency is in force (including while it is in force because of this paragraph), each House of Parliament passes a resolution approving its continuation for a further period of not more than six months beginning on the date it would otherwise expire, the proclamation continues in force for that further period unless it is revoked sooner.