Legal System of The Bahamas
The Bahamas is located in Central America N Caribbean. It is geographically situated in chain of islands in the north atlantic ocean, southeast of florida, northeast of cuba; note - although the bahamas does not border the caribbean sea, geopolitically it is often designated as a caribbean nation. The country achieved independence on 10 july 1973 (from the uk). The capital is Nassau.
Government Overview
Government Type: parliamentary democracy under a constitutional monarchy; a Commonwealth realm Chief of State: King CHARLES III (since 8 September 2022); represented by Governor-General Cynthia A. PRATT (since 1 September 2023) Head of Government: Prime Minister Philip Edward DAVIS (since 17 September 2021) Cabinet: Cabinet appointed by governor-general on recommendation of prime minister Administrative Divisions: 31 districts; Acklins Islands, Berry Islands, Bimini, Black Point, Cat Island, Central Abaco, Central Andros, Central Eleuthera, City of Freeport, Crooked Island and Long Cay, East Grand Bahama, Exuma, Grand Cay, Harbour Island, Hope Town, Inagua, Long Island, Mangrove Cay, Mayaguana, Moore’s Island, North Abaco, North Andros, North Eleuthera, Ragged Island, Rum Cay, San Salvador, South Abaco, South Andros, South Eleuthera, Spanish Wells, West Grand Bahama National Holiday: Independence Day, 10 July (1973) Suffrage: 18 years of age; universal
Legal System
The legal system of The Bahamas is described as common-law system based on the English model International Law: has not submitted an ICJ jurisdiction declaration; non-party state to the ICCt
Constitutional Framework
The constitution has the following history: previous 1964 (pre-independence); latest adopted 20 June 1973, effective 10 July 1973 Amendment Process: proposed as an “Act” by Parliament; passage of amendments to articles such as the organization and composition of the branches of government requires approval by at least two-thirds majority of the membership of both houses of Parliament and majority approval in a referendum; passage of amendments to constitutional articles such as fundamental rights and individual freedoms, the powers, authorities, and procedures of the branches of government, or changes to the Bahamas Independence Act 1973 requires approval by at least three-fourths majority of the membership of both houses and majority approval in a referendum
Judicial Branch
Highest Court(s): Court of Appeal (consists of the court president and 6 justices, organized in 3-member panels); Supreme Court (consists of the chief justice and 19 justices) Judge Selection: Court of Appeal president and Supreme Court chief justice appointed by the governor-general on the advice of the prime minister after consultation with the leader of the opposition party; other Court of Appeal and Supreme Court justices appointed by the governor general upon recommendation of the Judicial and Legal Services Commission, a 5-member body headed by the chief justice; Court of Appeal justices appointed for life with mandatory retirement normally at age 68 but can be extended until age 70; Supreme Court justices appointed for life with mandatory retirement normally at age 65 but can be extended until age 67 Subordinate Courts: Industrial Tribunal; Magistrates’ Courts; Family Island Administrators (can also serve as magistrates)
Legislative Branch
The legislative structure consists of bicameral Note: note: Parliament sits for 5 years from the date of the last general election: the government may dissolve the parliament and call elections at any time Lower Chamber: House of Assembly (39 (all directly elected) seats) Electoral System (Lower Chamber): plurality/majority Upper Chamber: Senate
Citizenship and Suffrage
Citizenship by Birth: no Citizenship by Descent: at least one parent must be a citizen of The Bahamas Suffrage: 18 years of age; universal
Historical Background
Lucayan Indians inhabited the Bahama islands when Christopher COLUMBUS first set foot in the New World in 1492. British settlement of the islands began in 1647; the islands became a colony in 1783. Piracy thrived in the 17th and 18th centuries because of The Bahamas’ close proximity to shipping lanes. Since gaining independence from the UK in 1973, The Bahamas has prospered through tourism, international banking, and investment management, which comprise up to 85% of GDP.
This article provides a summary of the legal system and governmental structure of The Bahamas based on the CIA World Factbook. The Factbook is a public domain publication of the United States Central Intelligence Agency.