THE CONSTITUTION OF 20th September 1981.
A CONSTITUTION FOR AN INDEPENDENT STATE OF BELIZE.
(Gazetted 20th September,
1981.)
BE IT ENACTED by the Queen's Most Excellent Majesty, by and with
the advice and consent of the House of Representatives and the
Senate of Belize, and by the authority of the same as follows:-
This Law may be cited as the Short Title.
BELIZE CONSTITUTION
THE CONSTITUTION OF BELIZE
WHEREAS THE PEOPLE OF BELIZE
a) affirm that the Nation of Belize shall be founded upon
principles which acknowledge the supremacy of God, faith in
human rights and fundamental freedoms, the position of the
family in a society of free men and free institutions, the
dignity of the human person and the equal and inalienable rights
with which all members of the human family are endowed by their
Creator;
b) respect the principles of social justice and therefore believe
that the operation of the economic system must result in the
material resources of the community being so distributed as to
subserve the common good, that there should be adequate means of
livelihood for all, that labour should not be exploited or
forced by economic necessity to operate in inhuman conditions
but that there should be opportunity for advancement on the
basis of recognition of merit, ability and integrity, that
social status, and that a just system should be ensured to
provide for education and health on the basis of equality;
c) believe that the will of the people shall form the basis of
government in a democratic society in which the government is
freely elected by universal adult suffrage and in which all
persons may, to the extent of their capacity, play some part in
the institutions of national life and this develop and maintain
due respect for lawfully constituted authority;
d) recognize that men and institutions remain free only when
freedom is founded upon respect for moral and spiritual values
and upon the rule of law;
e) require policies of state which protect and safeguard the
unity, freedom, sovereignty and territorial integrity of Belize;
which eliminate economic and social privilege and disparity
among the citizens of Belize whether by race, color, creed or
sex; which protect the rights of the individual to life, liberty
and the pursuit of happiness; which preserve the right of the
individual to the ownership of private property and the right to
operate private businesses; which prohibit the explotation of
man by man or by the state; which ensure a just system of social
security and welfare; which protect the environment; which
promote international peace, security and co-operation among
nations, the establishment of a just and equitable international
economic and social order in the world with respect for
international law and treaty obligations in the dealings among
nations;
f) desire that their society shall reflect and enjoy the above
mentioned principles, belief and needs and that their
Constitution should therefore enshrine and make provisions for
ensuring the achievement of the same in Belize;
NOW, THEREFORE. the following provisions shall have effect as the
Constitution of Belize:
CHAPTER II.
PROTECTION OF FUNDAMENTAL RIGHTS AND FREEDOMS
FUNDAMENTAL RIGHTS AND FREEDOMS.
3. Whereas every person in Belize 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
c) protection for his family life, his personal privacy, the
privacy of his home and other property and recognition of his
human dignity; and
PROTECTION OF RIGHT OF PRIVACY.
14.
1. A person shall not be subjected to arbitrary or unlawful
interference with his privacy, family, home or correspondence,
nor to unlawful attacks on his honor and reputation. The private
and family life, the home and the personal correspondence of
every person shall be respected.
2. Nothing contained in or done under the authority of any law
shall be held to be inconsistent with or in contravention or
this section to the extent that the law in question makes
provision of the kind specified in subsection 2 of section 9 of
this Constitution.
ENFORCEMENT OF PROTECTIVE PROVISIONS
20.-
1. If any person alleges that any of the provisions of sections
3 to 19 inclusive of this Constitution has been, 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 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 subsection 1 of this section; and
b) to determine any question arising in the case of any person
which is referred to it in pursuance of subsection 3 of this
section, and may make such declarations and 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 3 to 10 inclusive of this
Constitution:
Provided that the Supreme Court may decline to exercise its
powers under this subsection if it is satisfied that adequate
means of redress for the contravention alleged are or have been
available to the person concerned under any other law.
3. If in any proceedings in any court (other than the Court of
Appeal or the Supreme Court or a court-martial) any question
arises as to the contravention of any of the provisions of
sections 3 to 19 inclusive of this Constitution, the person
presiding in that court may, and shall if any party to the
proceedings so requests, refer the question to the Supreme Court
unless, in his opinion, the raising of the question is merely
frivolous or vexatious.
4. Any person aggrieved by any determination of the Supreme
Court under this section may appeal therefrom to the Court of
Appeal:
Provided that no appeal shall lie from a determination for the
Supreme Court under this section dismissing an application on
the grounds that it is frivolous or vexatious.
5. Where any question is referred to the Supreme Court in
pursuance of subsection 3 of this section, the Supreme 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
to the Court of Appeal or to Her Majesty in Council, in
accordance with the decision to the Court of Appeal or, as the
case may be, of Her Majesty in Council.
6. Notwithstanding the validity of any law under section 9.2,
10.3, 11.5, 12.2, 13.2 or 16.4.d) of this Constitution, any act
or thing done under the authority of such law shall be unlawful
if such act or thing is shown not to be reasonably required in
the actual circumstances in which it is done.
7. The Supreme Court shall have such powers in addition to those
conferred by this section as may be conferred on it by the
National Assembly for the purpose of enabling it more
effectively to exercise the jurisdiction conferred on it by this
section.
8. The Chief Justice may make rules with respect to the practice
and procedure of the Supreme Court in relation to the
jurisdiction and powers conferred on it by or under this section
(including rules with respect to the time within which
applications may be brought and references shall be made to the
Supreme Court).