Constitution of The BahamasIn briefDefines the terms used in this Constitution and sets rules for reading references to laws, offices, appointments, removals and resignations.
In this Constitution, unless it is otherwise provided or required by the context-
In this Constitution, unless it says otherwise or the context requires a different meaning:
"Act" or "Act of Parliament" means any law made by Parliament;
"Act" or "Act of Parliament" means any law made by Parliament;
"The Bahamas" means The Commonwealth of The Bahamas;
"The Bahamas" means The Commonwealth of The Bahamas;
"The Commonwealth" means, save as otherwise prescribed, The Bahamas, the United Kingdom, Canada, Australia, New Zealand, India, Sri Lanka, Ghana, Malaysia, Nigeria, Cyprus, Sierra Leone, Malta, Zambia, The Gambia, Singapore, Guyana, Lesotho, Botswana, Barbados, Mauritius, Swaziland, Tonga, Fiji, Western Samoa, Nauru, Bangladesh and any dependency of any such country;
"The Commonwealth" means, unless otherwise prescribed, The Bahamas, the United Kingdom, Canada, Australia, New Zealand, India, Sri Lanka, Ghana, Malaysia, Nigeria, Cyprus, Sierra Leone, Malta, Zambia, The Gambia, Singapore, Guyana, Lesotho, Botswana, Barbados, Mauritius, Swaziland, Tonga, Fiji, Western Samoa, Nauru and Bangladesh, and any dependency of any of those countries;
"election" means an election of a member or members of the House of Assembly;
"election" means an election of one or more members of the House of Assembly;
"the Gazette" means the Official Gazette of The Bahamas;
"the Gazette" means the Official Gazette of The Bahamas (the Government's official publication for notices);
"House" means either the Senate or the House of Assembly or both, as the context may require;
"House" means the Senate or the House of Assembly, or both, as the context requires;
"high judicial office" means the office of judge of a court having unlimited jurisdiction in civil and criminal matters in some part of the Commonwealth or a court having jurisdiction in appeals from any such court;
"high judicial office" means the office of judge of a court that has unlimited jurisdiction (legal authority) in civil and criminal matters in some part of the Commonwealth, or of a court that hears appeals from such a court;
"law" includes any instrument having the force of law and any unwritten rule of law, and "lawful" and "lawfully" shall be construed accordingly;
"law" includes any instrument (formal legal document) that has the force of law and any unwritten rule of law, and "lawful" and "lawfully" are to be read in the same way;
"Minister" includes a temporary Minister appointed under Article 76 of this Constitution, except in relation to Articles 72, 73, 76 and 86 of this Constitution;
"Minister" includes a temporary Minister appointed under Article 76 of this Constitution, except in relation to Articles 72, 73, 76 and 86 of this Constitution;
"Minister of Finance" means the Minister, by whatever title styled, responsible for Government finance;
"Minister of Finance" means the Minister responsible for Government finance, whatever that Minister's title;
"oath" includes affirmation;
"oath" includes an affirmation (a solemn promise made without swearing a religious oath);
"Parliament" means the Parliament of The Bahamas;
"Parliament" means the Parliament of The Bahamas;
"the Police Force" means the Police Force established in and for The Bahamas and maintained under the provisions of the Police Act 1965 or any law amending or replacing that Act;
"the Police Force" means the Police Force established in and for The Bahamas and maintained under the Police Act 1965 or any law that amends or replaces that Act;
"prescribed" means provided by or under and Act of Parliament;
"prescribed" means provided by or under an Act of Parliament;
"public office" means, subject to the provisions of paragraph (6) of this Article and Article 127 of this Constitution, any office of emolument in the public service;
"public office" means, subject to paragraph (6) of this Article and Article 127 of this Constitution, any paid office in the public service;
"public officer" means the holder of any public office and includes any person appointed to act in any such office;
"public officer" means the holder of any public office, and includes any person appointed to act in such an office;
"the public service" means, subject to the provisions of Article 127 of this Constitution, the service of the Crown in a civil capacity in respect of the Government of The Bahamas;
"the public service" means, subject to Article 127 of this Constitution, service of the Crown in a civil (non-military) capacity for the Government of The Bahamas;
"session" means, in relation to a House, the sitting of that House commencing when it first meets after this Constitution comes into operation or after any general election or prorogation of Parliament and terminating when Parliament is prorogue or is dissolves without having been prorogue;
"session" means, for a House, the sitting of that House that starts when it first meets after this Constitution comes into force or after any general election or prorogation (formal suspension) of Parliament, and ends when Parliament is prorogued or is dissolved without having been prorogued;
"sitting" means, in relation to a House, a period during which that House is sitting continuously without adjournment and includes any period during which the House is in committee.
"sitting" means, for a House, a period during which that House sits continuously without adjournment, and includes any period during which the House is in committee.
For the purposes of this Constitution the territory of The Bahamas shall comprise all the areas that were comprised therein immediately before 10th July 1973 together with such other areas as Parliament may declare to form part thereof.
For the purposes of this Constitution, the territory of The Bahamas is made up of all the areas that formed part of it immediately before 10th July 1973, together with any other areas that Parliament declares to be part of it.
For the purposes of Articles 42, 43, 48 and 49 of this Constitution-
For the purposes of Articles 42, 43, 48 and 49 of this Constitution:
"government contract" means, subject to such exception as Parliament may prescribe, any contract made with the Government of The Bahamas or with a department of that Government or with and officer of that Government contracting as such; and
"government contract" means, subject to any exceptions Parliament may prescribe, any contract made with the Government of The Bahamas, with a department of that Government, or with an officer of that Government contracting in that capacity; and
a person shall be deemed to be interested in a government contract if-
a person is treated as having an interest in a government contract if:
subject to such exceptions as Parliament may prescribe, he is a party to such a contract or a partner in a firm or director or manager of a company which is a party to such a contract; or
subject to any exceptions Parliament may prescribe, they are a party to such a contract, or a partner in a firm or a director or manager of a company that is a party to such a contract; or
he is otherwise interested in such a contract in such manner as Parliament may prescribe.
they have some other interest in such a contract of a kind that Parliament may prescribe.
In this Constitution, unless it is otherwise provided or required by the context-
In this Constitution, unless it says otherwise or the context requires a different meaning:
any reference to the date on which this Constitution comes into operation shall be construed as a reference to the appointed day referred to in section 1(2) of the Order in Council to which this Constitution is scheduled;
any reference to the date on which this Constitution comes into force means the appointed day referred to in section 1(2) of the Order in Council to which this Constitution is scheduled (attached);
any reference to a law (which term shall, without prejudice to the definition in paragraph (1) of this Article, include an Act) shall be construed as including a reference to a law made at any time before this Constitution comes into operation;
any reference to a law (which, without affecting the definition in paragraph (1) of this Article, includes an Act) includes a law made at any time before this Constitution came into force;
any reference to power to make appointments to any office shall be construed as including a reference to power to make appointments on promotion and transfer to that office and to power to appoint a person to act in that office during any period during which it is vacant or the holder thereof is unable (whether by reason of absence or of infirmity of body or mind or any other cause) to perform the functions of that office;
any reference to a power to appoint people to an office includes the power to appoint by promotion or transfer to that office, and the power to appoint a person to act in that office during any period when it is vacant or its holder is unable (because of absence, physical or mental infirmity or any other cause) to perform its functions;
any reference to the holder of an office by a term designating or describing his office shall be construed as including a reference to any person for the time being acting in that office or, to the extent of his authority, otherwise authorized to perform the functions of that office.
any reference to the holder of an office, using a term that names or describes the office, includes any person acting in that office at the time or, to the extent of their authority, otherwise authorised to perform the functions of that office.
Where by this Constitution any person is directed, or power is conferred on any person or authority to appoint a person, to act in or otherwise to perform the functions of an office if the holder thereof is unable to perform the functions of that office, the validity of any performance of those functions by the person so directed or of any appointment in exercise of that power shall not be called in question in any court on the ground that the holder of the office is not unable to perform the functions of the office.
Where this Constitution directs a person to act in or otherwise perform the functions of an office when its holder is unable to do so, or gives a person or authority the power to appoint someone to do so, no court can question the validity of what that person does, or of the appointment, on the ground that the holder of the office was not in fact unable to perform its functions.
For the purpose of this Constitution, a person shall not be considered to hold a public office by reason only that he is in receipt of a pension or other like allowance in respect of public service.
For the purposes of this Constitution, a person is not treated as holding a public office only because they receive a pension or similar allowance for public service.
References in this Constitution to the power to remove a public officer from his office shall, subject to the provisions of this Constitution, be construed as including references to any power conferred by any law to require or permit that officer to retire from the public service.
References in this Constitution to the power to remove a public officer from office include, subject to this Constitution, any power given by any law to require or allow that officer to retire from the public service.
Save as otherwise provided in this Constitution, any provisions of this Constitution that vests in any person or authority power to remove any public officer (other than a public officer mentioned in paragraph(9) of this Article) form his office shall be without prejudice to the power of any person or authority to abolish any office of to any law providing for the compulsory retirement of public officers generally or any class of public officer on attaining an age specified therein.
Unless this Constitution provides otherwise, any provision of this Constitution that gives a person or authority the power to remove a public officer (other than a public officer mentioned in paragraph (9) of this Article) from office does not affect the power of any person or authority to abolish an office, or any law that requires public officers generally, or any class of public officer, to retire on reaching the age it specifies.
If any circumstances arise that, under the provisions of this Constitution, require the Governor to remove a Justice of the Supreme Court or a Justice of Appeal or the Commissioner of Police, the Deputy Commissioner of Police or the Auditor-General from office for inability to discharge the functions of his office, such removal may be carried out either by dismissing that officer or by requiring him to retire.
If circumstances arise that, under this Constitution, require the Governor-General to remove a Justice of the Supreme Court, a Justice of Appeal, the Commissioner of Police, the Deputy Commissioner of Police or the Auditor-General from office for inability to do the job, the removal may be carried out either by dismissing that officer or by requiring them to retire.
Where any power is conferred by this Constitution to make any proclamation, order, rules or regulations or to give any direction, the power shall be construed as including a power exercisable in like manner to amend or revoke any such proclamation, order, rules, regulation or direction.
Where this Constitution gives a power to make a proclamation, order, rules or regulations, or to give a direction, that power includes a power, exercised in the same way, to amend or revoke that proclamation, order, rules, regulations or direction.
Any person appointed to an office under any provisions in this Constitution may resign that office. Except as otherwise provided in this Constitution such resignation shall be made in writing to the person in whom under this Constitution the power is vested to make appointments to the office concerned.
A person appointed to an office under any provision of this Constitution may resign from that office. Unless this Constitution provides otherwise, the resignation must be made in writing to the person who, under this Constitution, has the power to make appointments to that office.
Where two or more persons are holding the same office by reason of an appointment made in pursuance of paragraph (4) of this Article, then-
Where two or more people hold the same office because of an appointment made under paragraph (4) of this Article, then:
for the purposes of any function conferred upon the holder on that office; and
for the purposes of any function given to the holder of that office; and
for the purposes of any reference in this Constitution to the absence, illness or inability to perform the functions of his office of the holder of that office; the person last appointed to the office shall be deemed to be the sole holder of the office.
for the purposes of any reference in this Constitution to the absence, illness or inability to perform the functions of the office of the holder of that office; the person most recently appointed to the office is treated as the only holder of the office.
The Interpretation Act of The Bahamas and all amendments thereto as in force on 10th July 1973 shall apply, with the necessary adaptations, for the purpose of interpreting this Constitution and otherwise in relation thereto as it applies for the purpose of interpreting and in relation to Acts of Parliament of The Bahamas.
The Interpretation Act of The Bahamas, with all its amendments as in force on 10th July 1973, applies, with any necessary adaptations, to interpreting this Constitution and to other matters concerning it, in the same way as it applies to interpreting Acts of Parliament of The Bahamas.