Constitution of The Bahamas

ContentsChapter VII. The JudicaturePart II. Court of Appeal

Article 98. Establishment of Court of AppealThe Court of Appeal is established

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98.

In briefCreates the Court of Appeal, says who its Justices are, protects their posts from being abolished and makes it a superior court of record.

(1)

There shall be a Court of Appeal for The Bahamas which shall have such jurisdiction and powers as may be conferred upon it by this Constitution or any other law.

There must be a Court of Appeal for The Bahamas. It has the jurisdiction (legal authority to hear cases) and the powers given to it by this Constitution or by any other law.

(2)

The Justices of Appeal of the Court of Appeal shall be-

The Justices of Appeal of the Court of Appeal are:

(a)

a President;

a President;

(b)

the Chief Justice by virtue of his office as head of the Judiciary but who, however, shall not sit in the Court of Appeal, unless he has been invited so to sit by the President of the Court; and

the Chief Justice, because of their office as head of the Judiciary, who however cannot sit in the Court of Appeal unless the President of the Court has invited them to do so; and

(c)

such number of other Justices of Appeal as may be prescribed by Parliament.

as many other Justices of Appeal as Parliament decides.

(3)

No office of Justice of Appeal shall be abolished while there is a substantive holder thereof.

The office of a Justice of Appeal cannot be abolished while someone holds it on a permanent (substantive) basis.

(4)

The Court of Appeal shall be a superior court of record and, save as otherwise provided by Parliament, shall save all the powers of such a court.

The Court of Appeal is a superior court of record (a high-level court whose proceedings are formally recorded). Unless Parliament provides otherwise, it has all the powers of such a court.

Establishment of Court of AppealThe Court of Appeal is established

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