THE CONSTITUTION
OF 1973 No. 1080
CARIBEAN AND NORTH ATLANTIC TERRITORIES
The Bahamas Independence
Order 1973
Made 20th June 1973
Laid Before Parliament 26th June 1973
Coming into Operation 10th July 1973
At the Court at Windsor Castle, the 20th day of June 1973
Present,
The Queen's Most Excellent Majesty in Council
Her Majesty, by virtue and in exercise of the powers vested in Her
by section 1 of the Bahama Islands (Constitution) Act 1963(a)
and of all other powers enabling Her in that behalf, is pleased,
by and with the advice of Her Privy Council, to order, and it is
hereby ordered, as follows:
THE CONSTITUTION OF THE COMMONWEALTH OF THE BAHAMAS
PREAMBLE
Whereas Four hundred and eighty-one years
ago the rediscovery of this Family of Islands, Rocks and Cays
heralded the rebirth of the New World;
And Whereas the People of this Family of Islands recognizing
that the preservation of their Freedom will be guaranteed by a
national commitment to Self-discipline, Industry, Loyalty, Unity
and an abiding respect for Christian values and the Rule of Law;
Now Know Ye Therefore:
We the Inheritors of and Successors to this Family of Islands,
recognizing the Supremacy of God and believing in the
Fundamental Rights and Freedoms of the Individual, Do Hereby
Proclaim in Solemn Praise the Establishment of a Free and
Democratic Sovereign Nation founded on Spiritual Values and in
which no Man, Woman or Child shall ever be Slave or Bondsman to
anyone or their Labour exploited or their Lives frustrated by
deprivation, and do Hereby Provide by these Articles for the
indivisible Unity and Creation under God of the Commonwealth of
The Bahamas.
CHAPTER III. PROTECTION OF
FUNDAMENTAL RIGHTS AND FREEDOMS
OF THE INDIVIDUAL
Fundamental rights and freedoms of the individual.
15.- Whereas every person in The
Bahamas is entitled to the fundamental rights and freedoms of
the individual, that is to say, has the right, whatever his
race, place of origin, political opinions, colour, creed or sex,
but subject to respect for the rights and freedoms of others and
for the public interest, to each and all of the following,
namely-
c) protection for the privacy of his home and other property and
from deprivation of property without compensation,
The subsequent provisions of this Chapter shall have effect for
the purpose of affording protection to the aforesaid rights and
freedoms subject to such limitations of that protection as are
contained in those provisions, being limitations designed to
ensure that the enjoyment of the said rights and freedoms by any
individual does not prejudice the rights and freedoms of others
or the public interest,
Enforcement of fundamental rights.
28.-
1. Id any person alleges that any of the provisions of Articles
16 to 27 (inclusive) of this Constitution has been, is being of
is likely to be contravened in relation to him then, without
prejudice to any other action with respect to the same matter
which is lawfully available, that person amy apply to the
Supreme Court for redress.
2. The Supreme Court shall have original jurisdiction
a) to hear and determine any application made by any person in
pursuance of paragraph 1 of this Article ; and
b) to determine any question arising in the case of any parson
which is referred to it in pursuance of paragraph 3 of this
Article, and may make such orders, issue such writs and give
such directions as it may consider appropriate for the purpose
of enforcing or securing the enforcement of any of the
provisions of the said Articles 16 to 27 (inclusive) to the
protection of which the person concerned is entitled :
Provided that the Supreme Court shall not exercise its power
under this paragraph if it is satisfied that adequate means of
redress are or have been available to the person concerned under
any other law.
3. If, in any proceedings in any court established for The
Bahamas other than the Supreme Court or the Court of Appeal, any
question arises as to the contravention of any of the provisions
of the said Articles 16 to 27 (inclusive), the court in which
the question to the Supreme Court.
4. No law shall make provision with respect to rights of
appeal from any determination of the Supreme Court in pursuance
of this Article that is less favorable to any party thereto than
the rights of appeal from determinations of the Supreme Court
that are accorded generally to parties to civil proceedings in
that Court sitting as a court or original jurisdiction.
5. Parliament may make laws to confer upon the Supreme
Court such additional or supplementary powers as may appear to
be necessary or desirable for enabling the Court more
effectively to exercise the jurisdiction conferred upon it by
paragraph 2 of this Article and may make provision with respect
to the practice and procedure of the Court while exercising that
jurisdiction.