Glossary

Any law made by Parliament: a Bill that has passed both Houses and been assented to by the Governor-General. The Constitution often says a matter may be “prescribed”, which means set out by or under an Act.

Articles 52, 63, 137

Performing the functions of an office temporarily while the holder is absent, ill or the office is vacant. A reference to the holder of an office includes whoever is lawfully acting in it.

Articles 137, 33, 95, 101

The committee the Governor-General must consult before exercising the power of pardon, chaired by the Minister responsible for mercy and including the Attorney-General.

Articles 90, 91, 92

A solemn declaration made instead of an oath by someone who objects to swearing. Wherever the Constitution requires an oath, an affirmation may be made instead.

Article 137

10 July 1973, the day the Independence Order and the Constitution came into operation. The citizenship articles count from the day before, 9 July 1973.

Articles 3, 4, 6, 8

The annual Act that authorises spending from the Consolidated Fund according to the estimates approved by the House of Assembly. No money may be withdrawn from the Fund except under it or another law.

Articles 129, 130, 131, 132

The Minister who is the principal legal adviser to the Government. The Constitution gives the Attorney-General control over criminal prosecutions, including the power to take over or discontinue them.

Article 78

The independent officer who audits the public accounts and reports to the House of Assembly. The office is entrenched, and its holder can be removed only for inability or misbehaviour by a set procedure.

Article 136

A proposed law before Parliament. A Bill becomes an Act when it has passed both Houses (subject to the Senate’s limited powers over Money Bills and other Bills) and received the Governor-General’s assent.

Articles 59, 60, 61, 62, 63

An election held in a single constituency to fill a seat in the House of Assembly that has become vacant between general elections. The Constitution’s own spelling is used here.

Article 67

The Prime Minister and the other Ministers. The Cabinet has the general direction and control of the Government and is collectively responsible to Parliament for it.

Articles 72, 73, 86, 87

The deciding vote given by the Speaker or the President of the Senate when the votes on a question are equal. On other questions they have an original vote like any other member.

Article 58

The head of the judiciary and presiding judge of the Supreme Court, appointed by the Governor-General on the recommendation of the Prime Minister after consultation with the Leader of the Opposition.

Articles 93, 94

A person who holds Bahamian citizenship, whether acquired at Independence, at birth, by registration or by naturalisation under an Act. Chapter II sets out who is entitled to citizenship and how it may be lost.

Articles 3, 4, 5, 6, 7, 8, 9, 10

The head of the Police Force, appointed by the Governor-General on the advice of the Police Service Commission after consultation with the Prime Minister. Removal is by a set procedure for inability or misbehaviour.

Articles 119, 120

In the Constitution, the countries listed in Article 137 together with their dependencies: the association of states, most of them former British territories, to which The Bahamas belongs. Not to be confused with The Commonwealth of The Bahamas, which is the country’s own name.

Article 137

The main account of the Government, into which all public revenue is paid unless a law directs otherwise, and out of which money may be withdrawn only as the Constitution allows.

Articles 128, 130, 131

The body that reviews the boundaries of the constituencies for the House of Assembly at least every five years and reports to the Governor-General. Its members are the Speaker, a Justice and three members of the House.

Articles 68, 69, 70

One of the areas into which The Bahamas is divided for elections, each returning one member to the House of Assembly. There must be at least 38.

Articles 46, 68

A fund that Parliament may establish so that the Minister of Finance can make advances for urgent and unforeseen needs before Parliament has approved the spending.

Article 133

The court that hears appeals from the Supreme Court, made up of a President and other Justices of Appeal. Further appeal lies to Her Majesty in Council.

Articles 98, 99, 100, 101, 102, 103, 104

The taking away of citizenship by order of the Governor-General, which the Constitution allows only on the grounds and by the procedure it sets out for people who are citizens by registration or naturalisation, and in limited cases for dual nationals.

Articles 11, 13

A person appointed to perform some of the Governor-General’s functions during absence or illness, as distinct from an acting Governor-General who takes over the whole office when it is vacant.

Articles 33, 34

A naval, military or air force, the Police Service, the Prison Service, or any other force that Parliament declares to be one. Members of a disciplined force are subject to its disciplinary law, which Chapter III treats specially.

Article 31

The ending of a Parliament, after which a general election must be held. The Governor-General dissolves Parliament on the advice of the Prime Minister, and it dissolves automatically five years after its first sitting.

Articles 66, 67

The articles listed in Article 54 that cannot be altered by an ordinary Act. A Bill altering them needs a two-thirds or three-quarters majority of all the members of each House and then approval by a majority of the electors voting in a referendum.

Article 54. See Referendum

The Government’s statement of expected revenue and expenditure for the coming financial year, which the Minister of Finance must lay before the House of Assembly.

Article 129

A law that was in force before 10 July 1973. Article 30 saves existing laws from being struck down under the discrimination and other clauses of Chapter III, which is why pre-Independence statutes are tested differently from later ones.

Article 30

The rights set out in Chapter III: life, liberty, security of the person and the protection of the law; freedom of conscience, expression, assembly, association and movement; privacy of home and property; protection from inhuman treatment, slavery, discrimination and deprivation of property. Any person may apply to the Supreme Court to enforce them.

Articles 15, 28

The Official Gazette of The Bahamas, the government publication in which proclamations, appointments and other official notices are published.

Article 137

The election of all the members of the House of Assembly, held after Parliament is dissolved, within the time the Constitution fixes.

Article 67

Her Majesty’s representative in The Bahamas, who performs the functions of the head of state. In most matters the Governor-General must act on the advice of the Cabinet or a Minister; the Constitution says when the office acts in its own deliberate judgment.

Articles 32, 33, 34, 35, 36, 37, 71, 79

The Sovereign, in whom the executive authority of The Bahamas is vested and who is represented by the Governor-General. The Constitution was written in the reign of Queen Elizabeth II; since 2022 its references to Her Majesty are read as references to His Majesty King Charles III.

Articles 32, 71

The Judicial Committee of the Privy Council sitting in London, the final court of appeal for The Bahamas. Appeals go to it from the Court of Appeal as of right in the cases Article 104 lists and with leave in others.

Articles 104, 105

The office of a judge of a court with unlimited civil and criminal jurisdiction somewhere in the Commonwealth, or of a court that hears appeals from such a court. Several judicial posts require previous service in high judicial office or years at the Bar.

Articles 137, 94, 99

The elected lower House of Parliament, with one member for each constituency. The Government must command the support of a majority of its members.

Articles 46, 47, 48, 49, 50, 51

The Bahamas Independence Order 1973, the Order in Council made at Windsor Castle on 20 June 1973 that revoked the 1969 constitution and brought the present Constitution, set out in its Schedule, into force on 10 July 1973.

See Appointed day

The commission, chaired by the Chief Justice, on whose advice the Governor-General appoints and disciplines judicial and legal officers such as magistrates and registrars.

Articles 116, 117

The member of the House of Assembly who, in the Governor-General’s judgment, is best able to command the support of the majority of the members who do not support the Government. The Prime Minister must consult the Leader of the Opposition before certain appointments.

Articles 82, 83

A person entitled to practise in The Bahamas as Counsel and Attorney of the Supreme Court. Chapter III guarantees a person charged with an offence the right to defend themselves through a legal representative of their choice.

Articles 31, 20

A member of the Cabinet appointed by the Governor-General on the advice of the Prime Minister from among the members of either House. Ministers are assigned responsibility for departments of Government.

Articles 73, 74, 76, 77

A Bill that deals only with taxation, public money or loans. The Senate cannot amend a Money Bill, and if it does not pass one within a month the Bill may be presented for assent without the Senate’s agreement.

Articles 60, 62

The oath of allegiance or oath of office that the Governor-General, members of Parliament, Ministers, judges and others must take before acting. An affirmation may be made instead.

Articles 37, 64, 84, 97, 103, 137

An order made by the Sovereign on the advice of the Privy Council. The Constitution itself is scheduled to one, the Independence Order, and some earlier Orders are preserved or revoked by it.

See Independence Order

Her Majesty, the Senate and the House of Assembly together. Parliament makes laws for the peace, order and good government of The Bahamas, subject to the Constitution.

Articles 38, 52

A member of either House appointed to assist a Minister. Parliamentary Secretaries are not members of the Cabinet.

Article 81

A time when The Bahamas is at war or the Governor-General has proclaimed a state of emergency under Article 29. During such a period some of the protections in Chapter III may be limited by law.

Article 29

The public officer in charge of a Ministry under the direction of its Minister, appointed by the Governor-General on the advice of the Public Service Commission after consultation with the Prime Minister.

Articles 88, 109

The commission that advises the Governor-General on the appointment of the Commissioner of Police and senior police officers and on their removal and discipline.

Articles 118, 119, 120, 121

The Governor-General’s power to pardon a convicted person, to postpone or reduce a sentence or to remit a penalty, exercised after consulting the Advisory Committee.

Articles 90, 91, 92

Provided for by or under an Act of Parliament. Where the Constitution leaves a detail to be prescribed, Parliament fills it in by ordinary law.

Article 137

The presiding officer of the Senate, elected by the Senators from among their number, with a Vice-President to act in their absence.

Article 44

The head of the Government: the member of the House of Assembly whom the Governor-General judges best able to command the support of the majority of its members. The Prime Minister advises the Governor-General on the appointment of Ministers and on the dissolution of Parliament.

Articles 73, 74, 75, 66

The powers, immunities and protections of each House and its members, such as freedom of speech in debate, which Parliament may define by law.

Article 53

The ending of a session of Parliament by the Governor-General without a dissolution. Business lapses and Parliament is summoned again for a new session.

Articles 65, 66

A clause beginning “Provided that” which qualifies or makes an exception to the rule that precedes it. The Constitution uses provisos throughout, and this edition sets them off from the main text.

Money the Government owes. The public debt, including interest and the costs of managing it, is charged on the Consolidated Fund and does not need a yearly vote.

Article 134

Any paid office in the public service, that is, the service of the Crown in a civil capacity in the Government of The Bahamas. Members of Parliament, judges and certain others are excluded by Article 127.

Articles 127, 137

The body to which a public officer may appeal against a decision of the Public Service Commission or a Permanent Secretary to dismiss or discipline them.

Articles 114, 115

The commission on whose advice the Governor-General appoints, promotes, transfers and disciplines most public officers, which keeps those decisions at arm’s length from Ministers.

Articles 107, 108, 109, 110

The smallest number of members who must be present for a House, or the Cabinet, to transact business.

Articles 57, 87

A vote of the electors on a Bill that alters an entrenched provision of the Constitution. The Bill passes only if a majority of the electors voting approve it. Two have been held, in 2002 and 2016, and all the questions were rejected.

Article 54. See Entrenched provisions

The way a person who is entitled to citizenship but does not have it at birth becomes a citizen: by applying, in the prescribed manner, to be registered. Spouses and some children born abroad or to non-citizen parents acquire citizenship this way.

Articles 5, 7, 9, 10

The giving up of Bahamian citizenship by a citizen of full age who is also a national of another country, by a declaration registered under an Act.

Article 12

The public officer who keeps the Cabinet’s records and conveys its decisions, appointed by the Governor-General on the advice of the Public Service Commission after consultation with the Prime Minister.

Article 113

The appointed upper House of Parliament, with sixteen Senators: nine appointed on the advice of the Prime Minister, four on the advice of the Leader of the Opposition and three on the advice of the Prime Minister after consultation with the Leader of the Opposition.

Articles 39, 40, 41, 42, 43

The period from the first meeting of a House after a general election or a prorogation until Parliament is next prorogued or dissolved. A sitting is a single continuous meeting within a session.

Articles 137, 65

The presiding officer of the House of Assembly, elected by its members, with a Deputy Speaker to act in their absence.

Article 50

The superior court of first instance, with unlimited original jurisdiction in civil and criminal matters, made up of the Chief Justice and other Justices. It also hears applications to enforce fundamental rights.

Articles 93, 94, 95, 96, 97, 28

The status Article 2 gives the Constitution: any other law that is inconsistent with it is void to the extent of the inconsistency.

Article 2