Constitution of The BahamasIn briefAllows a qualified person to be appointed to act as Chief Justice or as a Justice when the post is vacant or its holder cannot work.
If the office of Chief Justice is vacant or if the Chief Justice is for any reason unable to perform the functions of his office, then, until a person has been appointed to that office and assumed those functions, they shall be performed by such other person, qualified under paragraph (3) of Article 94 of this Constitution for appointment as a Justice, as the Governor-General, acting in accordance with the advice of the Prime Minister may appoint for that purpose by instrument under the Public Seal.
If the office of Chief Justice is vacant, or the Chief Justice is for any reason unable to do the job, another person performs the Chief Justice's duties until someone has been appointed to that office and has taken up those duties. The Governor-General, acting on the advice of the Prime Minister, appoints that person for this purpose by instrument (a formal written document) under the Public Seal. The person must be qualified under Article 94(3) of this Constitution for appointment as a Justice.
If the office of a Justice of the Supreme Court is vacant, or if any such Justice is anointed to act as Chief Justice or as a Justice of Appeal, or is for any reason unable to perform the functions of this office, the Governor-General, acting on the advice of the Judicial and Legal Service Commission, may by instrument under the Public Seal appoint a person qualified under paragraph (3) of Article 94 of this Constitution for appointment as a Justice to act as a Justice of the Supreme Court, and any person so appointed shall, subject to the provisions of paragraph (5) of Article 96 of this Constitution, continue to act for the period of his appointment or, if no such period is specified, until his appointment is revoked by the Governor-General acting on the advice of the Judicial and Legal Service Commission.
If the office of a Justice of the Supreme Court is vacant, or a Justice is appointed to act as Chief Justice or as a Justice of Appeal, or a Justice is for any reason unable to do the job, the Governor-General may appoint a person to act as a Justice of the Supreme Court. The Governor-General does this by instrument under the Public Seal, acting on the advice of the Judicial and Legal Service Commission, and the person must be qualified under Article 94(3) of this Constitution for appointment as a Justice. Subject to Article 96(5) of this Constitution, a person appointed this way continues to act for the period of the appointment or, if no period is set, until the Governor-General, acting on the advice of the Judicial and Legal Service Commission, revokes (cancels) the appointment.
Any person appointed to act as a Justice under the provisions of this Article may, notwithstanding that the period of his appointment has expired or his appointment has been revoked, sit as a Justice for the purpose of delivering judgment or doing any other thing in relation to proceedings which were commenced before him while he was so acting.
A person appointed to act as a Justice under this Article may still sit as a Justice to deliver judgment or do anything else connected with proceedings that began before them while they were acting, even though the period of their appointment has ended or the appointment has been revoked.