The Bahamas - Government

The Bahamas is an independent member of the Commonwealth of Nations. It is a parliamentary democracy with regular elections. As a Commonwealth country, its political and legal traditions closely follow those of the United Kingdom. The Bahamas recognizes Queen Elizabeth II as its head of state, while an appointed Governor General serves as the Queens representative in The Bahamas. A bicameral legislature enacts laws under the 1973 constitution.

The House of Assembly consists of 41 members, elected from individual constituencies for 5-year terms. As under the Westminster system, the government may dissolve the Parliament and call elections at any time. The House of Assembly performs all major legislative functions. The leader of the majority party serves as prime minister and head of government. The Cabinet consists of at least nine members, including the prime minister and ministers of executive departments. They answer politically to the House of Assembly.

The Senate consists of 16 members appointed by the Governor General, including nine 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 Governor General appoints the Chief Justice of the Supreme Court on the advice of the Prime Minister and the Leader of the Opposition. The Governor General appoints the other justices with the advice of the Judicial and Legal Services Commission.

The Privy Council of the United Kingdom is the highest Court for The Bahamas. The Court of Appeal is separate from the Supreme Court, comprised of a President, three resident Justices of Appeal and one non-resident Justice of Appeal. The Chief Justice is part of the Court of Appeal by virtue of his title as Head of Judiciary.

The Supreme Court consists of a Chief Justice and not more than eleven and not less than two Justices of the Court. The Chief Justice is appointed by The Governor-General on the recommendation of the Prime Minister after consultation with the Leader of the Opposition. Justices of the Supreme Court are appointed by The Governor-General on the advice of the Judicial and Legal Service Commission. The Supreme Court has unlimited original jurisdiction in civil and criminal causes and matters and an appellate jurisdiction conferred on it by the Supreme Court Act, 1996 or any other law, which includes appeals from the Magistrates’ Court. The Court of Appeal consists of a President, the Chief Justice who, as head of the judiciary, is an ex officio member of the Court and sits at the invitation of the President, and not less than two and not more than four Justices of Appeal. The Court has jurisdiction to hear and determine appeals from judgments, orders and sentences made by the Supreme Court. At the apex of the court hierarchy for The Bahamas is the Judicial Committee of the Privy Council in London, England. The Judicial Committee of the Privy Council serves as the ultimate Court of Appeal in all matters where appeal is permissible. The Judicial Committee consists of the Lord President of the Council, the Lord Chancellor, ex-Lord Presidents, the Lords of Appeal in Ordinary and such other members of the Privy Council as from time to time hold or have held high judicial office and two other privy counselors who may be appointed by the sovereign.

The practice of law in The Bahamas continues the oldest traditions and highest standards of the profession. A trial in the Supreme Court or Court of Appeal observes not only the colonial horsehair wigs and gowns, but also the good manners and professional etiquette, while each side tenaciously defends his client’s cause.

Local government districts elect councils for town planning, business licenses, traffic issues and maintaining government buildings. In some large districts, lower level town councils also have minor responsibilities.