Shedding Light on the Origin of the Constitution of Barbados

Submitted by Tee White

The origin of the constitution of Barbados is to be found in Section 5 of the Barbados Independence Act which was passed in the British parliament on 17th November 1966. Section 5, Part 1 of this Act states:

1) Her Majesty may by Order in Council, made before the appointed day, provide a constitution for Barbados to come into effect on that day. (That day refers to independence day, 30 November 1966.)

Parts 2 – 5 of section 5 of this Act go on to provide details related to the above Order in Council, including the fact that it needed to be laid before the British parliament after it had been made (Part 5).

The UK House of Commons Information Office explains that Orders in Council are a type of Statutory Instrument. These are pieces of legislation which “allow the provisions of an Act of Parliament to be subsequently brought into force or altered without Parliament having to pass a new Act. They are also referred to as secondary, delegated or subordinate legislation”. Therefore, the Barbados Independence Order 1966 was a statutory instrument designed to give effect to the Barbados Independence Act, 1966.

With regard to the writing of these instruments, the UK House of Commons Information Office states that, “Statutory Instruments are usually drafted by the legal office of the Government Department concerned, often following consultations with interested bodies and parties whilst the Statutory Instrument is in draft. They are then “made” in the name of the person (usually a Secretary of State or Minister) authorised by the parent Act”.

The Barbados Independence Order appears over the name of W.G. Agnew who appears to be Sir (William) Godfrey Agnew, who was the Clerk of the UK’s Privy Council at the time of Barbados’ Independence. The constitution of Barbados appears for the first time as a schedule to the Barbados Independence Order which was laid before the UK parliament on 22 November 1966.

Therefore, the evidence strongly suggests that the Barbados constitution was essentially the work of the British government and that the people of Barbados were excluded from taking part in framing the fundamental law of our country

24 comments

  • Jeff Cumberbatch

    Therefore, the evidence strongly suggests that the Barbados constitution was essentially the work of the British government and that the people of Barbados were excluded from taking part in framing the fundamental law of our country*

    Hence the cry for repatriation or, more correctly, partition!

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  • Jeff Cumberbatch

    PATRIATION,,,thanks, spellcheck!

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  • @Jeff

    Why Patriation? Isn’t Barbados an independent country able to amend its Constitution at any time? Unless I am applying another meaning to “Patriation”

    Barbados is not in the same position as Canada found itself.

    http://www.thecanadianencyclopedia.ca/en/article/patriation-of-the-constitution/

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  • Well Well & Cut N' Paste At Your Service

    Ya have to read the constitution to make the connection, you can go off course if you look at any other country,..the arrangements are peculiar to most countries..

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  • Well Well & Cut N' Paste At Your Service

    Even if there was a locally created draft, as I was told there was, it was ignored by the british parliament and they created there own constitution for the island…it would be too in your face if the parliamentarians, especially since we now know they are owned by UK…were not allowed to amend the constitution UK created.

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  • So no ‘founding fathers’
    We must not only write well, we must write accurately.
    We mus write our true history and not the history we wish we had.
    US Lite

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  • Founding fathers were Puritans, Christians, fleeing persecution in England.

    They were part of the Great Puritan Migration.

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  • Ah wonder what Bernard is saying now.

    I can truthfully say I had absolutely nothing to do with any of this, was not even born yet.

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  • Bernard Codrington

    Well Well at 8 :22 PM

    Your conclusion reflects that you were not born before 1966. Do some more research. You are getting there. At the end of the exercise you will remove from your thesaurus “That is not rocket science” and “That is elementary “.
    Hopefully you will learn the difference between form and substance.

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  • Many things might have transpired since 1966 per the Constitution that the general populace are not aware of. Basically, in essence, any review or amendment must be laid at the Clerk of the UK’s Privy Council and forward to, and debated by UK parliament via the Governor General?

    What route did the appointment of the CJ take?

    Government Information Service must hold the records, but their website needs updating. Another task for the new Minister.

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  • https://barbadostoday.bb/2018/05/31/joe-atherley-leaves-barbados-labour-party/

    And all along , David of BU , was telling all and sundry that the BLP is UNITED and STRONG !!!

    Well looka how Atherley by his actions ” SAVED ” the Barbados 🇧🇧 Constitution from assault by Madam PM and others !

    The UNITED BLP pulling asunder before it has its first sitting in Parliament !

    Gline Clarke was right – when he went to shed his guts with the Barbadian public on May 31, 2018 !

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  • “What route did the appointment of the CJ take?”

    Apparently all amendments to the constitution have to be approved by the GG, am sure if questions arise, the privy council is consulted, it is their constitution..so naturally to get the CJ into his job an amendment had to be made, same circuitous route.

    Bernard…you misread what I said and obviously don’t know the brits as well as you think you do..

    Yes, I was born before 1966, but you think the brits waited for 1966 then formulated their simmy dimmy white magic scam…well, before you know it, they would have pulled another one on ya…and ya even realize it…lol..

    ….that constitution for the island would have been drafted and sitting on someone’s desk in the privy council since before 1948, before the 1948 National Act came into effect and when the 30 Articles of Universal Human Rights declaration were being drafted….leaving you decades behind of what really went on.

    but your advice is duly noted because it will help with translation…even Sleepy Smith knew not that he knew not and he was deep within the bowels of the beasts..

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  • and ya won’t have even realized it…lol..

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  • Bernard…. are you a member of Barbados” local arm of the UKs privy council…who obviously operate outside the boundaries of the local court system..

    (1) There shall be a Privy Council for Barbados which shall consistofsuchpersonsastheGovernor-General,afterconsultationwith the Prime Minister, may appoint by instrument under the Public Seal.

    (2) The Privy Council shall have such powers and duties as may be conferred or imposed upon it by this Constitution or any other law.

    (3) The office of a member of the Privy Council appointed under this section shall become vacant
    (a) at the expiration of fifteen years from the date of his appointment or such shorter period as may be specified in the instrument by which he was appointed;
    (b) when he attains the age of seventy-five; or
    (c) if his appointment is revoked by the Governor-General, acting after consultation with the Prime Minister, by instrument under the Public Seal.

    (1) The Privy Council shall not be summoned except by the authority of the Governor-General acting in his discretion.

    (2) The Governor-General shall, so far as is practicable, attend and preside at all meetings of the Privy Council.

    (3) Subject to the provisions of this Constitution, the Privy Council may regulate its own procedure.

    (4) The question whether the Privy Council has validly performed any function vested in it by this Constitution shall not be inquired into any court.

    (1) The Governor-General may, in Her Majesty’s name and on Her Majesty’s behalf………”

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  • The only time the AG can control and advice the DPP…..who has too much local power seeing that it s never used wisely to promote justice for the local populace in the majority population..and that excessive power should be reduced…significantly.

    “(1) The Attorney-General may, in the case of any offence
    to which this section applies, give general or special directions to the Director of Public Prosecutions as to the exercise of the powers conferred upon the Director of Public Prosecutions by section 79, and the Director of Public Prosecutions shall act in accordance with those directions.

    any offence under an enactment relating to any right or obligation of Barbados under international law.”

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  • Barbados does not need a constitution plus 1,100 lawyers and many judges.

    What Barbados needs is a sewage plant. As expected, the next sewage plant in Bridgetown is breaking down.

    My solution: Pump all the sewage into the Supreme Court or into the residence of the Barbados Bar Assoc.

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  • Just look at Joseph Atherley, retarded tribalism and political prostitution at its best.

    If a weak male Barbadian MP does not get an additionel salary as a minister, consulant or judge, he decides to go into opposition. Obviously, the man does not serve the common good but his wallet.

    The bishop should serve in a brothel, not in church.

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  • Well Well & Cut N' Paste At Your Service

    “My solution: Pump all the sewage into the Supreme Court or into the residence of the Barbados Bar Assoc”

    They will first have to get the permission of the GG who will have to reach out and get the permission of the london privy council….who will then have to reach out and get the permission of the beast..

    None of them on the island are allowed informed independent thought or are permitted independent actions. ..unless approved..

    Now we know what’s wrong with them…now we need to know why it has never been reversed..

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  • Pax palax Brugguhdown

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  • Putting on blp supporters on Notice this is the beginning of spectacular things to come
    Hee hee

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  • If you were to toss a fair coin then the chance of getting 30 heads without a tail appearing is less than 1 in a billion. Few civil servants would have expected a 30-0 victory by one of the parties.

    One would believe that in a two party state, the divide of support would be almost equal and therefore each party would take a seat here and there. One would expect that a party would have pleased and displeased a few independents and would therefore pick up a few seat or lose a few seats where independents determine the outcome.What one would not expect is that a party would piss off many of its supporters, its opponents and the independent voters.

    It would be difficult for a British certain in 1966 to Imagine this scenario. Hey, here am I in 2018 and I still cannot get my head around the outcome.

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  • British certain= British civil servant

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  • @Tron
    demonic?
    🙂

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  • It would be difficult for a British certain in 1966 to Imagine this scenario. Hey, here am I in 2018 and I still cannot get my head around the outcome.

    “certainly one for the history books, the UK privy council must have freaked out in amazement.

    I had to take an hour just to laugh, family who were on Skype and this and that wondered what the hell happened until we told them then they started to laugh too…that was a serious revolt by the electorate and not even a big rock got pelted, let alone guns and bullets…

    Like

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