THE CONSTITUTION OF 1.966
BARBADOS STATUTORY
INSTRUMENTS
1966 No. 1455
CARIBBEAN AND NORTH ATLANTIC TERRITORIES
The Barbados Independence Order 1966
Made 22nd November 1966
Laid before Parliament 22nd November 1966
Coming into Operation 30th November 1966
At the Court at Buckingham Palace, the 22nd day of November 1966
Present,
The Queen's Most Excellent Majesty in Council
Her Majesty, by virtue and in exercise of the powers vested in
Her by section 5 of the Barbados Independence Act 1966 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 BARBADOS
Whereas the love of free institutions and of independence has
always strongly characterized the inhabitants of Barbados:
And whereas the Governor and the said inhabitants settled a
Parliament in the year 1639:
And Whereas as early as 18th February 1651 these inhabitants, in
their determination to safeguard the freedom, safety and well
being of the Island, declared, through their Governor, Lords of
the Council and members of the Assembly, their independence of
the Commonwealth of England:
And Whereas the rights and privileges of the said inhabitants
were confirmed by articles of agreement, commonly known as the
Charter of Barbados, had, made and concluded on 11th January
1652 by and between the Commissioners of the Right Honorable the
Lord Willoughby of Parham, Governor, of the one part, and the
Commissioners on the behalf of the Commonwealth of England, of
the other part, in order to the rendition to the Commonwealth of
England of the said Island of Barbados:
And Whereas with the broadening down of freedom the people of
Barbados have ever since then not only successfully resisted any
attempt to impugn or diminish those rights and privileges so
confirmed, but have consistently enlarged and extended them:
Now, therefore, the people of Barbados
a) proclaim that they are a sovereign nation founded upon
principles that acknowledge the supremacy of God, the dignity of
the human person, their unshakable faith in fundamental human
rights and freedoms, the position of the family in a society of
free men and free institutions;
b) affirm their belief that men and institutions remain free
only when freedom is founded upon respect for moral and
spiritual values and the rule of law;
c) declare their intention to establish and maintain a society
in which all persons may, to the full extent of their capacity,
play a due part in the institutions of the national life;
d) resolve that the operation of the economic system shall
promote the general welfare by the equitable distribution of the
material resources of the community, by the human conditions
under which all men shall labour and by the undeviating
recognition of ability, integrity and merit;
e) desire that the following provisions shall have effect as the constitution of Barbados:
CHAPTER III. PROTECTION OF
FUNDAMENTAL RIGHTS AND FREEDOMS
OF THE INDIVIDUAL
Fundamental rights and freedoms of the individual
11. Whereas every person in
Barbados is entitled to the fundamental rights and freedoms of
the individual, that is to say, the right, whatever his race,
place of origin, political opinions, color, 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 -
b. protection for the privacy of his home and other property and
from deprivation of property without compensation;
the following provisions of this Chapter shall have effect for
the purpose of affording protection to those 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 protective provisions
24. 1. Subject to the provisions
of subsection 6, if any person alleges that any of the
provisions of sections 12 to 23, is being or is likely to be
contravened in relation to him (or, in the case of a person who
is detained, if any other person alleges such a contravention in
relation to the detained person), then, without prejudice to any
other action with respect to the same matter which is lawfully
available, that person (or that other person) may apply to the
High Court for redress.
2. The High Court shall have original jurisdiction
a) to hear and determine any application made by any person in
pursuance of subsection 2; and
b) to determine any question arising in the case of any person
which is referred to it in pursuance of subsection 3.
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 sections 12 to 23:
Provided that the High Court shall not exercise its powers under
this subsection 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 subordinate to the High
Court any question arises as to the contravention of any of the
provisions of sections 12 to 23, the person presiding in that
court shall refer the question to the High Court unless, in his
opinion, the raising of the question is merely frivolous or
vexatious.
4. Where any question is referred to the High Court pursuance of
subsection 3, the High Court shall give its decision upon the
question and the court in which the question arose shall dispose
of the case in accordance with that decision or, if that
decision is the subject of an appeal under this Constitution to
the Court of Appeal or to Her Majesty in Council, in accordance
with the decision of the Court of Appeal or, as the case may be,
of Her Majesty in Council.
5. Parliament may confer upon the High Court such powers in
addition to those conferred by this section as may appear to
Parliament to be necessary or desirable for the purpose of
enabling the High Court more effectively to exercise the
jurisdiction conferred upon it by this section.
6. Parliament may make provision with respect to the practice
and procedure
a) of the High Court in relation to the jurisdiction and powers
conferred upon it by or under this section;
b) of the High Court and the Court of Appeal in relation to
appeals to the Court of Appeal from decisions of the High Court
in the exercise of such jurisdiction; and
c) of subordinate courts in relation to references to the High
Court under subsection (3);
including provision with respect to the time within which any
application, reference or appeal shall or may be made or
brought; and, subject to any provision so made, provision may be
made with respect to the matters aforesaid by rules of court.
7. In this section "the Court of Appeal" has the same meaning as
it has in section 87.
Time of emergency
25. 1. In this Chapter "period of
public emergency" means any period during which
a) Barbados is engaged in any war; or
b) there is in force a proclamation by the Governor General
declaring that a state of public emergency exists; or
c) there is in force a resolution of each House supported by the
votes of not less than two thirds of all the members of that
House declaring that democratic institutions in Barbados are
threatened by subversion.
2. A proclamation made by the Governor General shall not be
effective for the purposes of subsection 1 unless it is declared
therein that the Governor General is satisfied -
a) that a public emergency has arisen as a result of the
imminence of a state of war between Barbados and another State
or as a result of the occurrence of any earthquake, hurricane,
flood, fire, outbreak of pestilence, outbreak of infectious
disease or other calamity, whether similar to the foregoing or
not; or
b) that action has been taken or is immediately threatened by
any person of such a nature and on so extensive a scale as to be
likely to endanger the public safety or to deprive the
community, or any substantial portion of the community, of
supplies or services essential to life.
3. A proclamation made by the Governor General for the purposes
of this section shall, unless previously revoked, remain in
force for one month or for such longer period, not exceeding six
months, as the House of Assembly may determine by a resolution
supported by the votes of a majority of all the members of that
House;
Provided that any such proclamation may be extended from time to
time for a further period not exceeding six months by resolution
passed in like manner and may be revoked at any time by
resolution supported by the votes of a majority of all the
members of the House of Assembly.
4. A resolution passed by a House for the purposes of subsection
1.c) may be revoked at any time by a resolution of that House
supported by the votes of a majority of all the members thereof.