Establishment and composition of Judicia

Establishment and composition of Judicial and Legal Service Commission

Establishment and composition of Judicial and Legal Service Commission

Establishment and composition of Judicial and Legal Service Commission

The constitution and laws of Barbados

CHAPTER VIII

THE PUBLIC SERVICE

PART 1

THE SERVICES COMMISSIONS

Establishment and composition of Judicial and legal Service Commission

89. 1. There shall be a Judicial and Legal Service Commission for Barbados which shall consist of the following persons-

a. the Chief Justice, who shall be Chairman;

b. the Chairman of the Public Service Commission or some other member of the Public Service Commission nominated by the Chairman to represent him at any meeting of the Judicial and Legal Service Commission;

c. three other members (hereinafter called "the appointed members") appointed in accordance with the provisions of subsection (2).

2. The appointed members shall be appointed by the Governor General, by instrument under the Public Seal, acting on the recommendation of the Prime Minister after consultation with the leader of the Opposition, from among persons who are, or have been, judges 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:

Provided that if, whenever an occasion arises for the appointment of an appointed member, the Governor General, acting as aforesaid, is satisfied that there is no suitable person who is or has been such a judge available and willing to be appointed, he may appoint a person who has been entitled to practice in Barbados as a barrister for not less than ten years but is not in active practice as a barrister.

3. No person shall be qualified to be appointed as a member of the Judicial and Legal Service Commission if he is a member of either House or a public officer.

4. Subject to the provisions of subsection (5), the office of an appointed member shall become vacant -

a. at the expiration of three years from the date of his appointment or at such earlier time as may be specified in the instrument by which he was appointed;

b. if he becomes a member of either House or a public officer or is appointed to the office of Chief Justice or Chairman of the Public Service Commission.

5. The provisions of section 105 (which relate to removal from office) shall apply to the office of an appointed member, and the prescribed authority for the purposes of subsection (4) of that section shall be the Prime Minister and for the purposes of subsection (6) of that section shall be the Chief Justice.

6. If the office of an appointed member is vacant or the holder thereof is for any reason unable to perform the functions of his office, the Governor General, acting on the recommendation of the Prime Minister after consultation with the Leader of the Opposition, may, by instrument under the Public Seal, appoint a person who is qualified for appointment as an appointed member to act in the office of that member; and any person so appointed shall, subject to the provisions of subsection (4)(b), continue so to act until a person has been appointed to the office in which he is acting and has assumed the functions thereof or, as the case may be, the holder thereof resumes those functions or until his appointment so to act is revoked by the Governor General, acting as aforesaid.

7. An appointed member shall not, within a period of one year commencing with the date on which he last held or acted in the office of appointed member, be eligible for appointment to any office power to make appointments to which is vested by this Constitution in the Governor General acting on the recommendation or in accordance with the advice of the Judicial and Legal Service Commission.

Constitution of Barbados

1. Constitution is supreme law

2. Persons who become citizens on 30th November 1966

3. Persons entitled to be registered as citizens

4. Persons born in Barbados after 29th November 1966

5. Persons born outside Barbados after 29th November 1966

6. Marriage to citizen of Barbados

7. Renunciation of citizenship

8. Commonwealth citizens

9. Powers of Parliament

10. Interpretation

11. Fundamental rights and freedoms of the individual

12. Protection of right to life

13. Protection of right to personal liberty

14. Protection from slavery and forced labour

15. Protection from inhuman treatment

16. Protection from deprivation of property

17. Protection against arbitrary search or entry

18. Provisions to secure protection of law

19. Protection of freedom of conscience

20. Protection of freedom of expression

21. Protection of freedom of assembly and association

22. Protection of freedom of movement

23. Protection from discrimination on grounds of race, etc

24. Enforcement of protective provisions

25. Time of emergency

26. Saving of existing law

27. Interpretation

28. Establishment of office of Governor General

29. Acting Governor General

30. Deputy to governor General

31. Personal staff of governor General

32. Exercise of Governor General's functions

33. Public Seal

34. Oaths to be taken by Governor General

35. Establishment of Parliament

36. Senate

37. Qualifications for membership of Senate

38. Disqualifications for membership of Senate

39. Tenure of seats of Senators

40. President and Deputy President of Senate

41. House of Assembly

42. Electoral law

43. Qualifications for membership of Assembly

44. Disqualifications for membership of Assembly

45. Tenure of seats of members of Assembly

46. Determination of questions of membership of Senate and Assembly

47. Filling of casual vacancies in Senate and Assembly

48. Power to make laws

49. Alteration of this Constitution

50. Regulation of procedure in Parliament

51. Presiding in Senate

52. Quorum of Senate

53. Voting in Senate

54. Introduction of Bills, etc

55. Restriction on powers of Senate as to Money Bills

56. Restriction on powers of Senate as to Bills other than Money Bills

57. Provisions relating to sections 54, 55 and 56

58. Asset to Bills

59. Oath of allegiance

60. Sessions of Parliament

61. Prorogation and dissolution of Parliament

62. General election and appointment of Senators

63. Executive authority of Barbados

64. Cabinet

65. Appointment of Ministers

66. Tenure of office of Ministers

67. Performance of Prime Minister's functions in certain events

68. Temporary Ministers

69. Oaths to be taken by Ministers

70. Presiding in Cabinet

71. Governor General to be informed concerning matters of government

72. Assignment of responsibilities to Ministers

73. Parliamentary Secretaries

74. Leader of the Opposition

75. Certain vacancies in office of Leader of Opposition

76. Privy Council

77. Proceedings of Privy Council

78. Prerogative of mercy

79. Establishment of office and functions for Director of Public

80. Establishment of Supreme Court

81. Appointment of Judges

82. Acting Judges

83. Oaths to be taken by Judges

84. Tenure of office of Judges

85. Constitution of Court of Appeal

86. Other arrangements for appeals

87. Appeals relating to fundamental rights and freedoms

88. Appeals to Her Majesty in Council in other cases

89. Establishment and composition of Judicial and Legal Service Commission

90. Establishment and composition of Public Service Commission

91. Establishment and composition of Police Commission

92. Procedure of Commissions

93. Appointment, etc., of judicial and legal officers

94. Appointment, etc., of public officers

95. Delegation of powers under section 94

96. Appointment, etc., of members of the Police Force

97. Delegation of powers under section 96

98. Appeals to Privy Council in disciplinary matters

99. Appointment of permanent secretaries and certain other public officers

100. Appointment, etc., of principal representatives abroad and subordinate staff

101. Appointment, etc., of Director of Public Prosecutions

102. Appointment, etc., of Auditor General

103. Protection of pension rights

104. Grant and withholding of pensions, etc

105. Removal form office of certain persons

106. Protection of Commissions, etc., from legal proceedings

107. Consolidated Fund

108. Estimates

109. Authorization of expenditure

110. Meeting expenditure from Consolidated Fund

111. Public debt

112. Remuneration of governor General and certain other officers

113. Establishment of office and functions of Auditor General

114. Appointments

115. Resignations

116. Vacation of office on attaining a prescribed age

117. Interpretation

First Schedule

Oaths


Second Schedule

Provisions Relating To Certain Tribunals


Third Schedule

Rules Relating To The Constituencies

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