The Judiciary |
The Judiciary
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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.
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.
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.
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.
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Constitution of Belize
Chapter I - The State And The Constitution1. The State 2. Constitution Is Supreme Law
Chapter II - Protection Of Fundamental Rights And Freedoms3. Fundamental Rights And Freedoms 4. Protection Of Right To Life 5. Protection Of Right To Personal Liberty 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 - Citizenship23. 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 29. Interpretation
Chapter IV - The Governor-general32. 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 Executive37. Prime Minister 39. Performance Of Functions Of Prime Minister During Absence Or Illness 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. 50. Control Of Public Prosecutions 51. Constitution Of Offices Etc 53. Procedure In Capital Cases Chapter VI - The Legislature55. Establishment Of Legislature
The House Of Representatives56. 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 Senate62. 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 Procedure69. 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 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 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 90. Increase Of Electoral Divisions 91. Redivision Of Electoral Divisions Chapter VII - The Judiciary94. Establishment Of Supreme Court And Court Of Appeal 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 Service105. 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 - Finance114. 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 - Miscellaneous121. 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 |