Belize Advisory Council

Belize Advisory Council

The constitution and laws of Belize

BELIZE ADVISORY COUNCIL

54. (1) There shall be a Belize Advisory Council which shall consist of not less than six members who shall be persons of integrity and high national standing, of whom at leas two shall be persons who hold or have held any office referred to in section 107 of this Constitution, at least one shall be a person who holds or has held office as adjudge of a superior court of record and at least one shall be a member of a recognized profession in Belize.

(2) Two members of the Belize Advisory Council shall be appointed by the Governor-General, acting in accordance with the advice of the Prime Minister given with the concurrence of the Leader of the Opposition, and the other members of the Belize Advisory Council shall be appointed by the Governor-General, acting in accordance with the advice of the Prime Minister given after consultation with the Leader of the Opposition.

(3) No person shall be appointed as a member of the Belize Advisory Council unless he is a citizen of Belize, except that a member of the Council who holds or has held office as a judge of a superior court of record need not be a citizen of Belize provided that he is a Commonwealth citizen.

(4) Members of the Belize Advisory Council shall be appointed for a period of then years or such shorter period as may be specified in their respective instruments of appointment.

(5) A member of the Belize Advisory Council shall not enter upon the duties of his office unless he has taken and subscribed the oath of allegiance and office.

(6) The office of a member of the Belize Advisory Council shall become vacant-

a. at the expiration of ten years from the date of his appointment or at the expiration of the period specified in the instrument by which he was appointed, whichever is the soon;

b. when he appliance the age of seventy-five years;

c. if he resigns such office by writing under his own hand addressed to the Governor-General; or

d. if by a resolution of the House of Representatives supported by two-thirds of the members of that House he is declared unable to discharge the functions of his office by reason of persistent absence or infirmity or body or mind, or to be in breach of the provisions of section 121 of this Constitution.

(7) The functions of the Belize Advisory Council shall be-

a. to advise the Governor-General in the exercise of his powers under section 52 of this Constitution;

b. to perform such other tasks and duties as are conferred or imposed on it by this Constitution or any other law.

(8) In the exercise of its functions the Belize Advisory Council shall not be subject to the direction or control of any other person or authority.

(9) The Governor-General shall convene meetings of the Belize Advisory Council as appropriate for consideration of matters which in accordance with this Constitution or any other law the Council in called upon to consider, and otherwise when the Governor-General, acting in his own deliberate judgment, so decides.

(10) The Governor-General shall, whenever practicable, attend meetings of the Belize advisory Council.

(11) The Governor-General, acting in accordance with the advice of the Prime Minister given after consultation with the Leader of the Opposition, shall appoint one of the members of the Belize Advisory Council to be the Senior Member.

(12) At the meeting of the Belize Advisory Council the Chairman shall be-

a. the Governor-General; or

b. in the absence of the Governor-general, the Senior Member; or

c. in the absence of the Governor-General, the Senior Member, the member of the Council elected by a majory of the members attending the meeting to exercise the powers and perform the duties of the Senior Member at that meeting:

Provided that in any case where the Council is convened to discharge its duties under section 98, 102,105,108 or 109 of this Constitution the Chairman shall be a member of the Council who holds or has held office as a judge of a superior court of record and who has been deputed to act in that capacity by the Governor-General acting in his own deliberate judgment.

(13) At meetings of the Belize Advisory Council-

a. the quorum shall be five members;

b. decisions shall be taken by a majority of the votes of those members of the Council present and voting, and

c. in the event that votes are equally divided on any matter, the Chairman, except when he is the Governor-General,shall have a casting vote in addition to his original vote.

(14) The Belize Advisory Council shall regulate its own procedure.

(15) The Belize Advisory Council may, subject to the provisions of this section and to its rules of procedure,act notwithstanding any vacancy in its membership or the absence of any member.

(16) The question whether or not the Belize Advisory Council has validly performed any functions entrusted to it by this Constitution or any other law shall not be enquired into by any court of law.

Constitution of Belize

Preamble

Chapter I - The State And The Constitution


1. The State

2. Constitution Is Supreme Law

Chapter II - Protection Of Fundamental Rights And Freedoms


3. Fundamental Rights And Freedoms

4. Protection Of Right To Life

5. Protection Of Right To Personal Liberty

6. Protection Of Law

7. Protection From Inhuman Treatment

8. Protection From Slavery And Forced Labor

9. Protection From Arbitrary Search Or Entry

10. Protection Of Freedom Of Movement

11. Protection Of Freedom Of Conscience

12. Protection Of Freedom Of Expression

13. Protection Of Freedom Of Assembly And Association

14. Protection Of Right Of Privacy

15. Protection Of Right To Work

16. Protection From Discrimination On The Grounds Or Race, Etc

17. Protection From Deprivation Of Property

18. Provisions For Periods Of Public Emergency

19. Protection Of Persons Detained Under Emergency Laws

20. Enforcement Of Protective Provisions

21. Protection Of Existing Laws

22. Interpretation And Savings

Chapter III - Citizenship


23. Person Who Become Citizens On Independence Day

24. Person Born In Belize On Or After Independence Day

25. Person Born Outside Belize On Or After Independence Day

26. Registration

27. Avoidance Of Dual Nationality

28. Citizenship Legislation

29. Interpretation

Chapter IV - The Governor-general


30. Establishment Of Office

31. Acting Governor-general

32. Oath To Be Taken By Governor-general

33. Deputy To Governor-general

34. Exercise Of Governor-general's Functions

35. Governor-general To Be Informed Concerning Matters Of Government

Chapter V - The Executive


36. Executive Authority

37. Prime Minister

38. Deputy Prime Minister

39. Performance Of Functions Of Prime Minister During Absence Or Illness

40. Ministers Of Government

41. Allocation Of Portfolios To Ministers

42. Attorney General

43. Performance Of Functions Of Minister During Absence Or Illness

44. Cabinet

45. Deputy Minister

46. Oath To Be Taken By Ministers Etc.

47. Leader Of The Opposition

48. Permanent Secretaries

49. Secretary To The Cabinet

50. Control Of Public Prosecutions

51. Constitution Of Offices Etc

52. Prerogative Of Mercy

53. Procedure In Capital Cases

54. Belize Advisory Council

Chapter VI - The Legislature


55. Establishment Of Legislature

The House Of Representatives


56. Composition Of House Of Representatives

57. Qualifications For Election As Member

58. Disqualifications For Election As Member

59. Tenure Of Office Of Members

60. Speaker And Deputy Speaker

The Senate


61. Composition Of Senate

62. Qualifications For Appointment As Senator

63. Disqualifications For Appointment As Senator

64. Tenure Of Office Of Senator

65. Appointment Of Temporary Senators

66. President And Vice-president

67. Clerks To Houses Of National Assembly

Powers And Procedure


68. Power To Make Laws

69. Alteration Of Constitution

70. Regulation Of Procedure In National Assembly, Etc

71. Oath To Be Taken By Members Of National Assembly

72. Presiding In House Of Representatives And Senate

73. Voting

74. Freedom Of Speech

75. Validity Of Proceedings

76. Quorum

77. Introduction Of Bills, Etc

78. Restriction On Powers Of Senate As To Money Bills

79. Restriction On Powers Of Senate As To Bill Other Than Money Bills

80. Provisions Relating To Sections 77, 78 And 79

81. Mode Of Exercise Of Legislative Power

82. Words Of Enactment

83. Sessions Of Legislature, Etc

84. Prorogation And Dissolution Of Legislature

85. General Elections And Appointment Of Senators

86. Determination Of Questions As To Membership Of National Assembly

87. Unqualified Persons Sitting Or Voting

88. Election And Boundaries Commission

89. Electoral Divisions

90. Increase Of Electoral Divisions

91. Redivision Of Electoral Divisions

92. Conduct Of Voting

93. Conduct Of Elections, Etc

Chapter VII - The Judiciary


94. Establishment Of Supreme Court And Court Of Appeal

95. The Supreme Court

96. Reference Of Constitutional Questions To Supreme Court

97. Appointment Of Justices Of Supreme Court

98. Tenure of office of justices of Supreme Court

99. Oath To Be Taken By Justices Of Supreme Court

100. Appeals To The Court Of Appeal

101. Appointment of justices of appeal

102. Tenure of office of justices of appeal

103. Oath to be taken by justice of appeal

104. Appeals to her majesty in council

Chapter VIII - The Public Service


105. Public Services Commission

106. Appointment, Etc. Of Public Officers

107. Appointment, etc. of permanent secretaries and certain other officers

108. Director of public prosecutions

109. Auditor General

110. Appointment, etc, of junior police officers

111. Appeals in discipline cases

112. Pension laws and protection of pension rights

113. Grant and withholding of pensions, etc

Chapter IX - Finance


114. Establishment of consolidated revenue fund

115. Authorization of expenditure from consolidated revenue fund

116. Authorization of expenditure in advance of appropriation

117. Contingencies Fund

118. Remuneration of certain officers

119. Public Debt

120. Audit of public accounts, etc

Chapter X - Miscellaneous


121. Code of conduct

122. National Symbols

123. Powers of appointment and acting appointments

124. Reappointments and concurrent appointments

125. Removal from office

126. Resignations

127. Saving for jurisdiction of courts

128. Power to amend and revoke instruments, etc

129. Consultation

130. National Seal

131. Interpretation

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