The Judiciary

The Judiciary

The Judiciary

The Judiciary

The constitution and laws of Belize

THE JUDICIARY

79. There shall be a Supreme Court of Judicature for Belize and a Court of Appeal. The Supreme Court shall have unlimited original jurisdiction to hear and determine any civil or criminal proceedings under any law. Any question concerning the interpretation of the Constitution arising in a lower court shall be referred by it to the Supreme Court. The Supreme Court shall be a superior court of record and shall have all the powers of such a court, including all the powers that are vested in the Supreme Court of Belize immediately before the Constitution comes into effect.

80. The Judges of the Supreme Court shall be the Chief Justice and such number of Judges of that Court as the National Assembly may determine. The Chief Justice shall be appointed by the Governor-General on the advice of the Prime Minister after consulting the Leader of the Opposition. The other Judges shall be appointed by the Governor-General on the advice of the Judicial and Legal Services section of the Public Services Commission and with the concurrence of the Prime Minister after consulting the Leader of the Opposition. The Governor-General may also appoint temporary Supreme Court Judges in the event that the office of a Supreme Court Judge is vacant or any Supreme Court Judge is unable to perform his functions.

81. A Judge of the Supreme Court shall vacate his office on raching the age of 62 years, unless otherwise authorized by the Governor-General. No office of Judge of the Supreme Court shall be abolished while there is a substantive holder of such office.

82. A Judge of the Supreme Court may be removed from office only for inability to perform his functions or for misbehavior, and the question of his removal has been referred by Her Majesty The Queen to the Belize Advisory Council and the Council has advised Her Majesty accordingly. When considering the removal of a Judge, the Belize Advisory Council shall sit as a tribunal with a Judge or retired Judge of a Superior Court of Record as Chairman.

THE COURT OF APPEAL

83. The Judges of the Court of Appeal shall be the President, who shall preside, and such number of Justices of Appeal as may be prescribed by the National Assembly. No office of Judge of the Court of Appeal shall be abolished while there is a substantive holder of such office.

84. The Court of Appeal shall be a superior court of record and shall have all the powers of such a court. All Judges of the Court of Appeal shall be appointed by the Governor-General on the advice of the Prime Minister after consulting the Leader of the Opposition.

85. A Judge of the Court of Appeal may be removed from office only for inability to perform his functions or for misbehavior, after the question of his removal has been referred by Her Majesty The Queen to the Belize Advisory Council (acting as provided in paragraph 82) and Her Majesty has been advised accordingly.

APPEALS TO HER MAJESTY IN COUNCIL

86. An appeal from a decision of the Court of Appeal to Her Majesty in Council shall lie as of right in the case of a final decision in any civil, criminal or other proceedings which involves a question of interpretation of the Constitution, and in any other case prescribed by law.

87. The Court of Appeal may give leave for an appeal to Her Majesty in Council from decisions in any civil case which in the Court's opinion has general or public importance or otherwise, or in any other cases prescribed by law. Her Majesty may grant special leave to appeal from decisions of the Court of Appeal in any civil, criminal or other matter.

DIRECTOR OF PUBLIC PROSECUTIONS

88. There shall be a Director of Public prosecutions for Belize whose office shall be a public office. He shall be appointed by the Governor-General on the advice of the Public Service Commission with the concurrence of the Prime Minister after consulting the Leader of the Opposition.

He shall have power to institute, control, take over and discontinue all criminal prosecutions. His functions shall be exercised by him in person or through any person acting under and in accordance with his general or special instructions.

89. The Director of Public Prosecutions shall be removed from office only for inability to perform his functions or for misbehavior by the Governor-General acting on the advice of the Belize Advisory Council.

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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