Tenure of office of Judges

Tenure of office of Judges

The constitution and laws of Barbados

Tenure of office of Judges

84. 1. Subject to the following provisions of this section, a person holding the office of a Judge shall vacate office when he attains the age of sixty five years:

Provided that the Governor General, acting in the case of the Chief Justice on the recommendation of the Prime Minister or in the case of any other Judge in accordance with the advice of the Judicial and Legal Service Commission, may permit a Judge who attains the age of sixty five years to continue in office until he has attained such later age, not exceeding sixty seven years, as may have been agreed between the Governor General and that Judge.

2. Notwithstanding that he has attained the age at which he is required by the provisions of this section to vacate his office, a person may sit as a Judge for the purpose of delivering judgment or doing any other thing in relation to proceedings which were commenced before him before he attained that age.

3. A Judge may be removed from office only for inability to discharge the functions of his office (whether arising from infirmity of body or mind or any other cause) or for misbehavior, and shall not be so removed except in accordance with the provisions of subsection (4).

4. A Judge shall be removed form office by the Governor General, by instrument under the Public Seal, if the question of the removal of that Judge form office has, at the request of the Governor General, made in pursuance of subsection (5), been referred by Her majesty to the Judicial Committee of Her Majesty's Privy Council and the Judicial Committee has advised Her Majesty that the Judge ought to be removed from office for inability as aforesaid or for misbehavior.

5. If the Prime Minister (in the case of the Chief Justice) or the Chief Justice after consultation with the Prime Minister (in the case of any other Judge) advises the Governor General that the question of removing a Judge form office for inability as aforesaid or for misbehavior ought to be investigated, then -

a. the Governor General shall appoint a tribunal which shall consist of a Chairman and not less than two other members selected by the Governor General in accordance with the advice of the Prime Minister (in the case of the Chief Justice) or of the Chief Justice (in the case of any other Judge) from among person who hold or have held office as a judge 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:

b. that tribunal shall enquire into the matter and report on the facts thereof to the Governor General and advise the Governor General whether he should request that the question of the removal of that Judge should be referred by Her Majesty to the Judicial Committee: and

c. if the tribunal so advises, the Governor General shall request that the question should be referred accordingly.

6. The provisions of the Second Schedule shall apply in relation to tribunals appointed under subsection (5).

7. If the question of removing a Judge from office has been referred to a tribunal appointed under subsection (5), the Governor General, acting in accordance with the advice of the Prime Minister (in the case of the Chief Justice) or of the Chief Justice after the Chief Justice has consulted with the Prime Minister (in the case of any other Judge), may suspend the Judge from performing the functions of his office.

8. Any such suspension may at any time be revoked by the Governor General, acting in accordance with the advice of the Prime Minister or the Chief Justice (as the case may be), and shall in any case cease to have effect -

a. if the tribunal advises the Governor General that he should not request that the question of the removal of the Judge from office should be referred by Her Majesty to the Judicial Committee: or

b. the Judicial Committee advises Her Majesty that the Judge ought not to be removed from office.

9. The provisions of this section shall be without prejudice to the provisions of section 82(2)

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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