BAHAMIAN LEGAL SYSTEM

JUDICIAL SYSTEM

English common law is the basis of the Bahamian judicial system, although there is a large volume of Bahamian statute law. The highest tribunal in the country is the Court of Appeal, which sits on a full-time basis throughout the year. Appeal from the Court of Appeal is to the Privy Council in London.

Five Appeal Court Judges are appointed by the Governor-General, including the residing President, three resident Judges and one non-resident Judge. Generally, four Judges sit to conduct hearings. In practice, they are usually leading judges of the Commonwealth, and they need have no former ties with The Bahamas.

Supreme Court Building

The Chief Justice, or one of the other ten justices who are appointed by the Governor-General, presides in the Supreme Court, which has general, civil and criminal jurisdiction. In addition there is another Supreme Court and two Justices resident in Freeport, Grand Bahama, covering matters in the northern region of The Bahamas. The Supreme Court hears civil and criminal matters throughout the year, beginning on the second Wednesday in January.

New Providence has 14 Magistrates’ courts, including one drug court, one firearms court, one coroner’s court, one evening civil court and two night traffic courts and an environmental court. Grand Bahama has four courts (three in Freeport and one in Eight Mile Rock). These courts are presided over by Stipendiary and Circuit Magistrates, including the Chief Magistrate, a Deputy Magistrate, who sits in Freeport, and two Senior Magistrates, who exercise summary jurisdiction in criminal matters and in civil matters involving amounts not exceeding $5,000. Abaco has one magistrate.

LEGISLATIVE FRAMEWORK

Governor-General                       

The Commonwealth of The Bahamas is a member of the Commonwealth of Nations.

Christopher Columbus Memorial

H.E. Dame Ivy Dumont, the Governor-General, is the Queen’s representative in The Bahamas.

In 1973 The Bahamas became fully independent, but recognises Queen Elizabeth II as the head of state. The Governor-General is appointed and serves at Her Majesty’s pleasure. The Governor-General signs bills into law after they are passed by the House of Assembly and the Senate, opens Parliament, and gives the annual Speech from the Throne, as prepared by the Prime Minister.

Executive Branch

The Executive Branch of government consists of a Cabinet of at least nine members, including the Prime Minister and the Attorney-General. Currently there are 16 Cabinet Ministers. The Prime Minister and the Ministers of Finance must be members of the House of Assembly. Cabinet Ministers are appointed from the House of Assembly, and up to three Ministers can be appointed from the Senate.

Legislative Branch

The Bicameral, legislative branch consists of the Senate and the lower House of Assembly, located in Parliament Square in downtown Nassau.

The House of Assembly dates from 1729, and is the most powerful branch of government. It consists of at least 38 elected representatives of the people and basically makes the laws of The Bahamas. There are currently 40 members of the House. They serve five-year terms, unless the House is dissolved earlier by the Prime Minister.

The Senate has 16 members, nine appointed by the Governor-General on the advice of the Prime Minister, four on the advice of the leader of the Opposition and three on the advice of the Prime Minister after consultation with the Leader of the Opposition.

The House of Assembly corresponds to Britain’s House of Commons and observes many of the same traditions. The Senate’s closest counterpart is the House of Lords in England.