Constitution of The Bahamas

ContentsChapter VII. The JudicaturePart I. The Supreme Court

Article 94. Appointment of Justices of Supreme CourtAppointing Supreme Court Justices

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94.

In briefSets how the Chief Justice and the other Justices are appointed, and lets Parliament fix their qualifications without unseating sitting Justices.

(1)

The Chief Justice 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.

The Governor-General appoints the Chief Justice by an instrument (a formal written document) under the Public Seal, on the recommendation of the Prime Minister after the Prime Minister has consulted the Leader of the Opposition.

(2)

The other Justices of the Supreme Court shall be appointed by the Governor-General by instrument under the Public Seal acting on the advice of the Judicial and Legal Service Commission.

The Governor-General appoints the other Justices of the Supreme Court by instrument under the Public Seal, acting on the advice of the Judicial and Legal Service Commission.

(3)

The qualifications for appointment as a Justice of the Supreme Court shall be such as may be prescribed by any law for the time being in force:

The qualifications a person needs to be appointed a Justice of the Supreme Court are those set by any law in force at the time:

Provided that a person who has been appointed as a Justice of the Supreme Court may continue in office notwithstanding any subsequent variations in the qualifications so prescribed.

However, a person who has already been appointed a Justice of the Supreme Court may stay in office even if those qualifications are later changed.

Appointment of Justices of Supreme CourtAppointing Supreme Court Justices

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