Constitution of The Bahamas

ContentsChapter V. ParliamentPart II. The Senate

Article 45. Determination of questions as to membershipDeciding disputes about Senate membership

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45.

In briefGives the Supreme Court power to decide whether a person was validly appointed as a Senator or has lost their seat, with a judge's leave needed to start a case.

(1)

The Supreme Court shall have jurisdiction to hear and determine any question whether-

The Supreme Court has jurisdiction (legal authority) to hear and decide any question about whether:

(a)

any person has been validly appointed as a Senator; or

a person has been validly appointed as a Senator; or

(b)

any Senator has vacated his seat or is required under Article 43(3) of this Constitution to cease to perform his functions as a Senator.

a Senator has lost their seat, or must stop performing their functions as a Senator under Article 43(3) of this Constitution.

(2)

Subject to the following provisions of this Article and to the provisions of Article 43(1) of this Constitution, Parliament may by law make provision with respect to-

Subject to the rest of this Article and to Article 43(1) of this Constitution, Parliament may by law make provision about:

(a)

the institution of proceedings for the determination of any question referred to in paragraph (1) of this Article; and

how proceedings to decide a question mentioned in paragraph (1) of this Article are started; and

(b)

the powers, practice and procedure of the Supreme Court in relation to any such proceedings.

the powers, practice and procedure of the Supreme Court in such proceedings.

(3)

Proceedings for the determination of any question referred to in paragraph (1) of this Article shall not be instituted except with the leave of a Justice of the Supreme Court.

Proceedings to decide a question mentioned in paragraph (1) of this Article can only be started with the leave (permission) of a Justice of the Supreme Court.

(4)

No appeal shall lie from the decision of a Justice of the Supreme Court granting or refusing leave to institute proceedings in accordance with paragraph (3) of this Article.

There is no appeal against the decision of a Justice of the Supreme Court to grant or refuse leave to start proceedings under paragraph (3) of this Article.

Determination of questions as to membershipDeciding disputes about Senate membership

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