Caswell Franklyn Speaks – Constitution or no Constitution?

Submitted by Head of Unity Workers Union, Caswell Franklyn

For some time I have been hearing a person on social media proclaiming that Barbados does not have a constitution. Normally, I would listen in amusement and take it for the comic relief that it provided but now it is no longer funny. It has potential to become dangerous and reckless as I am now hearing others expressing disrespect for the court system because they are also parroting the nonsense about this country not having a constitution. I am concerned that Government has not attempted to clarify the situation and has allowed this dangerous nonsense to take root.

In September 2021, Government brought a bill to Parliament entitled:

An Act to alter the Constitution in order

(a) to provide for Barbados to become a republic with a President who shall be Head of State of Barbados; and

(b) to provide for related matters.

It might have slipped pass many but one of the related matters was legislating, for the first in the Barbados Parliament, a constitution for this country. The original independence constitution of Barbados was never passed in our parliament, it was merely a schedule to an order in council, the Barbados Independence Order, made by Queen Elizabeth II.

When Government decided to rush headlong into republican status; it did so without doing any adequate preparatory work. In order to meet the deadline of November 30, 2021, Government took its usual shortcuts approach by obtaining parliamentary approval, without first consulting the people of this country. On September 29, 2021 the Constitution (Amendment) (No.2) Bill, 2021 was passed in the House of Assembly, and it passed the Senate on October 6, 2021, with only one dissenting vote.

The 1966 Barbados Constitution was a schedule to the Barbados Independence Order, made by Queen Elizabeth II. That order was revoked by subsection 4.(1) of Constitution (Amendment)(No.2) Act. Without more the Constitution would also have been revoked but that subsection went on to save the Constitution. For clarity, section 4 of the Constitution (Amendment)(No.2) Act states:

4.(1) The Independence Order is revoked; but the revocation of that Order shall not affect the validity of the Constitution set out in the Schedule to that Order.

(2) The Constitution referred to in subsection (1) shall be altered in accordance with the provisions of section 49 thereof in the manner and to the extent set out in this Act; and on the appointed day the Constitution so altered shall become the Constitution and supreme law of Barbados.

Admittedly, Government’s approach, to legislate the Constitution for the new republic of Barbados, was mediocre at best or even shameful but it was means to an end. It does not reflect the pride of which Barbadians boast but it is what it is; we do have a constitution.

146 thoughts on “Caswell Franklyn Speaks – Constitution or no Constitution?

  1. “I still hold firm that it is a fraud republic without any republic constitution”

    you can be a republic with or without a constitution
    the first step is gaining independence
    the next step is develop a constitution
    (USA gained independence in 1776 the nation’s first constitution was in 1789)

    There is already a legacy constitution in Barbados which was amended 2021

  2. Do you have a copy of it, post it…

    What legacy constitution you mean the colonial legacy…so it’s a colonial republic…yall full of shit.

    Think this is some joke..

    Every countries constitution can be pulled up ONLINE…except that one… post it..

  3. Historically DISHONEST and LYING..cannot be trusted at anytime of the day or night…

    Am waiting to see the constitution posted.

    ..dont know what got into Caswell that he would believe these frauds without actually seeing the document.

  4. Sometimes more often than not your logic is more akin to a wolf howling at the moon.
    There are the same laws in place and Barbados is not in a state of anarchy.
    Anarchy is a society without a government. It may also refer to a society or group of people that entirely rejects a set hierarchy.

    • Anarchy is a society without a government.
      …and brassbowlery is one without common sense.

  5. Bushie was thinking about getting this debate about whether or not we had a constitution, but on second thought, the bushman decided to keep away from shiite talk.
    What the Hell difference does a Constitution make when no-one gives two ‘bowel movements’ about what ANY of Laws says any damn how?

    Shiite… we had a ‘constitution’ when the local queen decided that she wanted a minister of edykashun from over and away – BUT who DID NOT qualify under the ‘stution -so WHAT HAPPENED?

    Little Tommy was needed to promote bit coins and to offer political support- but the ‘stution was saying some unwelcome shiite – WHAT HAPPENED?

    Some little KK schoolboy gained favor with the empress and was almost rewarded with a “Peter’s Principle” appointment ..EVEN THOUGH the ’stution’ clearly said otherwisely..

    A former PM wanted to bring a glorified court clerk from the USA to be CJ, but the ‘stution’ had in some ‘foolishness’ about qualifications for the post… WHAT HAPPENED?

    Constitution shiite!! … waste of damn time – and obviously only ‘useful’ if it says what the big chief wants it to say, else, it is just changed or ignored…

    Constitutions are for ‘real real’ PEOPLE, who take themselves seriously – not for brass bowl clowns.

    Wunna think Bushie got time to spin top in shiite mud…?

    • As I said, the will of our Supreme Leader is the supreme law of the nation. Written legislation is for novices.

      It is crucial that judges and lawyers always ask themselves: How would our Supreme Leader act? That is the benchmark of all just action.

      Tron, year 5 SL, year 2 NR

  6. David,

    The immediately below was copied from the same information on the Library of the House of Common website..

    However, it contains a number of false, misleading and erroneous impressions, and gross and egregious inaccuracies and misrepresentations…and much troubling lacunae….

    “In order to become a republic, the Barbados Parliament had to amend the Barbados Independence Order 1966, something that required a two-thirds majority. Although some questioned whether this was possible, as an independent country Barbados could amend or repeal any part of its statute book, including acts and orders passed by the UK Parliament before 1966″….


    The Barbados Parliament NEVER amended the Barbados Independence Order 1966…..

    The Barbados Parliament only amended the Constitution…(only Section 14 entered into force on October 11, 2021…and was there and then followed by the below…..

    The Barbados Independence Act 1966 was invalidated and the Barbados Independence Order 1966 – including the Constitution – revoked on the promulgation of Section 14…..

    The Barbados Parliament could NEVER EVER REVOKE the 1966 Act…although they could have invalidated and did invalidate it, by making it no longer applicable to the Barbadian authorities and people… promulgating the said Section 14….

    The Barbados Parliament could NEVER EVER EXPRESSLY REVOKE the 1966 Order (even if such a statement to such an effect was written into an Act..such as the Constitution Amendment No 2 Act 2021) …..only IMPLIEDLY have done so….

    The 1966 Act and the 1966 Order were British laws…They were NEVER EVER part of the domestic law of Barbados…They did not form part of the statute books of Barbados….

    The former Constitution was the supreme law of Barbados….In drafting and passing the Constitution Amendment No 2 Act 2021, and any other laws, Parliament had to make sure such was consistent with the letter and spirit of the Constitution….Hence, note had to taken that Parliament did not have the constitutional right, power, authority to give effect to the constitution….(See alibi below).Such had nothing to do with whether Barbados was an independent country operating outside of the orbit of power and respinsibility of the UK…but everything to do with the Parliament of Barbados and the government having respect for rule by reference to law and to their constitutional obligations to other governing authorities and the people of Barbados…

    Finally, in contemplating absence of the 1966 Order, it was necessary for the then BLP led Parliament to have understood that the Constitution and the Order were legally inseperable and that therefore it was impossible to continue with the Constitution without the UK monarch’s Order, from which it was indicated via the Order that the Constitution was given its validity – there was no legal constitutional basis upon which the constitution could have been continued with and upon which it could have been rested (the Parliament of Barbados could not give its own validity to the Constitution (which could not have been even expressed via a local law) when, upon, or not, the revocation of the Order, it still needed a valid Constitution to help give effect to such an amendment as the Constitution Amendment No 2 Act 2021, and there was no domestic law upon which it was rested as that to exist in law the constitution had to meet such a criterion).. …It was because of the impossibility of the existence of the two situations that another alibi was created: that there was a Constitution of Barbados (besides the one that Caswell mentioned Parliament passing a Constitution)……..

    • @PDC

      The former Senator is more than capable of defending himself especially as it relates to matters of law and related matters. The Blogmaster will happily defer to him. As far as the Blogmaster was able to understand from those more knowledgeable, there NTSH.

  7. The Peoples Democratic Congress (PDC)
    on April 10, 2023 at 11:21 AM said:
    Rate This

    That is a brilliant question…..

    Recall though that the UK monarch accepted her deposition as Head of government of Barbados. The former Constitution had outlined the position of the UK Head of government of Barbados…So the 1966 Constitution cannot be reverted to….

    This having become ILLEGAL, UNCONSTITUTIONAL and ILLEGITIMATE BLP regime should have brought about a NEW constitution in a NEW Constitution Act, at the point of breaking the remaining constitutional ties with the UK monarch..


    You don’t get it!

    An unconstitutional Parliament can’t change the existing constitution any more than a rum shop gathering can!!!

    Members of the House of Assembly could as well be meeting in a rum shop because without a Leader of the opposition chosen by the group which opposes the Government, the House of Assembly can’t become a Parliament.

    30 – 0 means there is no group opposing the Government.

    There has been no Government since 2018!!

    • Constitution reform draft by September
      With public consultations now closed, the Constitution Reform Commission (CRC) will begin poring through Barbadians’ submissions, with the hope of producing a first draft of the revision of the country’s supreme law by September.
      During a press conference at Parliament yesterday to update the country on the progress being made on the long-awaited reform, deputy chairman of the commission, Senator Gregory Nicholls, disclosed that following consultations with stakeholders locally and in the diaspora, 120 submissions were received for consideration.
      “We received some 120 submissions and those are submissions that the public made in writing. We had submissions from the 50 or so state-owned groups, organisations, non-governmental bodies, as well as members of the general public representing various organisations and associations.
      “This is in addition to the town hall meetings where we took copious detailed records. We also had a very active online and social media presence, where we accepted comments from members of the public. What we have done so far is to collate the submissions and did summaries of them,” Nicholls said.
      Nicholls, who has spearheaded several court challenges based on constitutional grounds, said that the submissions provided significant insight into the rights which Barbadians were most concerned about. However, he pointed out that some would require greater research to determine
      if they could be covered by constitutional legislation. Among the recurring themes for consideration, was whether greater power and autonomy should be ascribed to the office of the President in the administration of the country’s affairs.
      “There are submissions from the Government perspective regarding what the structure and powers of the Executive should be. There are some reports on the strengthening of the powers of the head of state. This includes giving more autonomy and power to the head of state to perform more functions around the administration of the country,” Nicholls explained.
      He added: “There are also a number of hot topic issues, human rights is a big issue for Barbadians, as it should be. There was also a lot of concern about parental rights and the need to have parental rights as a constitutional right. Enhancement of basic civil and economic rights has also been a very consistent theme that we see in the presentations. The Constitution does not provide for economic rights as is the case in other countries with developed systems and democracies.”
      The deputy chairman also disclosed that the commission has consulted with several legal academics. He noted that these academics also played a significant role in educating stakeholders in civics and governance structures, a move which aided in keeping submissions within the permissible parameters of a constitution.
      He said that the CRC had engaged the research assistance from the University of the West Indies which helped with collating information based on the submission.
      “Every submission that has been received by the Commission will be considered, no submission will be edited or thrown out. The hard work now begins to unpack all of these discussions. We have had some very important contributions from the academic community,” he said.

      Source: Nation

  8. Yolande Grant – African Online Publishing Copyright (c) 2023. All Rights Reserved. on April 10, 2023 at 6:37 PM said:
    Rate This

    “What Parliament enacted was indeed an amendment (yes another series of changes) to (sic) the Constitution of Barbados…and NOT any Constitution…”


    How can an unconstitutional parliament get this done?

    Null void and of no effect.

  9. “Constitutions are for ‘real real’ PEOPLE, who take themselves seriously – not for brass bowl clowns.”

    Wuh i thought i would come here this morning and see the FAUX constitution posted, the way some are acting like the document actually exists…

    Yuh right, i got better, more fulfilling progressive things to do with my time.

  10. Ah guess this dont apply to certain people in Barbados…the rest CAN sue the hell outta AstraZeneca and get paid out too cause they did not get inside a supreme court setting and concluded that the vaccines dont cause death and injury when DEM INT NO SCIENTIST…..reap what you sow.

    “We’re not antivaxxers… we have lost loved ones’: Widower of BBC presenter who died from Covid-19 vaccine complications launches legal action against AstraZeneca on behalf of 75 people whose ‘relatives passed away or suffered jab-related injuries’

  11. Saw an article headlined ….”constitution draft coming in Seotember”..Caswell ya may get a real constitution yet…

  12. Btw, not for nothing, but this was a topic yesterday, it says a lot about the relationship between them and their mischief makers when they NEVER told them that what they did in my CASE, is ACTIONABLE squared…they have the details and KNOW …but walked the ignorant (slaves) straight into lawsuit exposure…not that i give a shit…but….maybe they learned something or not…..not my concern.

    Dont know how they think this will end, but it’s their problem.

  13. This so-called Constitutional Review Commission is an ILLEGAL body…

    It is illegalĺy and unconstitutionally body……

    All those who have been part of it, have been illegally appointed to an ILLEGAL body….

    So, Mr Christopher Blackman;

    Reverend Dr John Rogers;

    Gregory Nicholls;

    Adriel Brathwaite;

    Mary-Anne Redman;

    Kerryann Ifill;

    Suleiman Bulbulia;

    Chris deCaires;

    Sade Jemmott;

    Khaleel Kothdiwala;

    Cynthia Barrow-Giles…

    All of the above mentioned persons have been sitting on a so-called Commission that has been ILLEGALLY established based on an ILLEGAL decision by an ILLEGALLY and UNCONSTITUTIONALLY constituted Cabinet whose acts and omissions are themselves ILLEGAL, NULL and VOID and of NO LEGAL EFFECT…

    Furthermore the Commission of Enquiry is no longer a valid law….

    The fact of the matter is that there is NO constitution of Barbados, as a result of the INVALIDATION of the Barbados Independence Act 1966, and the REVOCATION of the Barbados Independence Order 1966 which contained the constitution…on October 11, 2021…

    This ILLEGALLY and UNCONSTITUTIONALLY constituted Commission CANNOT LEGALLY recommend any DRAFT constitution for Barbados…..

    Though otherwise fair persons in the carrying out of their different roles in this Barbadian society, they have been doing a tremendous disservice to the mass of people of Barbados when they have been found to be encouraging Barbadians to participate in an ILLEGAL and UNCONSTITUTIONAL process by way of inviting them to make submissions to make them and envcouraging them to appear in person in public before them at set venues…..

  14. Proprioception & Interoception: Making sense of it all!

    Proprioception – The sense of our body in the space around us.

    Interoception – The sense of our internal organs and feeling our emotions.

    Vestibular – The sense of balance and spatial awareness when combining movement with balance.

    What is the difference between proprioception and interoception?
    You probably know proprioception as the system that helps you determine where your body is in space. So, for example, it’s proprioception that keeps you from walking into the wall. While interoception is commonly thought of as the system that sends you messages from inside your body to do things like pee or eat.

  15. This is a ⚠️ Warning
    Constitution or Not
    USA (Constitution) & Israel (No Constitution)
    Both show us the problem with Religious Bigots / Extremists in Power
    abusing and overreaching Laws

    Secret Governments
    Spying and Classified Secrets show us Governments do wrong and make it a secret that can never be admitted and must be denied in law

  16. Areas of concern for Constitution

    THE SATURDAY SUN’S REPORTING on political scientist Devaron Bruce’s recent address on constitutional matters is required studying. His remarks are timely, and they come towards the end of a period of constitutional review. He has listed four main areas of concern, and has skirted briefly on a fifth matter that should concern all Barbadians:
    1. Appointment of an independent Attorney General.
    2. Appointment of an independent Public Accounts Committee (PAC).
    3. Appointment of an independent Speaker of Parliament.
    4. Appointment of an independent Deputy Speaker.
    5. The regularising of the parliamentary cycle via a set election schedule.
    I shall attempt to sail around items 1, 3, and 4 for the moment, but shall dare to add a sixth and seventh not mentioned by the erudite lecturer.
    2. Barbados is seemingly without a currently functioning PAC as we knew it, and that is largely because there is currently no Opposition party or person in Parliament, from which the PAC normally had its being. I shall attempt to address that issue at No. 6 below 5. The speaker talked about the current arbitrarily selected election date, but glossed over his own simply stated solution of a fixed date. The following is offered as a possible solution: Every five years beginning in the year 2025, there shall be elections for a new Parliament. These elections to be held on the second Thursday of August in the election year. Orderly transition, including publicly taken oaths of office shall take place and the new Government shall be installed on the first Thursday of September following such elections. An Elections Transition Commission shall be appointed and in place by the first day of August preceding the election date.
    6. To ensure the constant viability of the Public Accounts Committee, my own preference would be to leave it in Opposition, but there shall be an Opposition in Parliament, for we must find a way to resolve the current anomaly by instituting the following or similar measure: In the event that no member of an opposing party to the Government has been elected, the President shall Install an Opposition of ten per cent of the elected members of the Lower House.
    This Opposition must be selected on the basis of proportional representation and added to those members elected. The House shall add the three seats to Parliament for this specific purpose. This arrangement shall end if subsequent constituency elections place more than one member in Opposition, or in the event of the seats of more than one elected member being vacated, are won by members opposed to the governing party. No member who is appointed under this section shall be able to “cross the floor” but may resign the seat thus leaving the President free to appoint someone else in his or her place 7. Our President seems in good health, and long may she so continue. However, in her enforced absence from duty – for any reason – her temporary successor must arise from a constitutionally appointed hierarchy. Barbados, having separated from the church in 1968, and considering the possibility of the need for some knowledge of the law, my own preference would be to revert to the ancient practice of turning towards the bench rather than the pulpit. Two hierarchical options are here listed: 1. President, 2. Honourable Chief Justice, 3.Next Senior Judge; or 1. President, 2. Honourable Chief Justice, 3. Honourable Speaker or 4. President of Senate providing either 3 or 4 is a lawyer, in the stated order The Constitution may also need to address the appointment (or election) of the President of republic, in the first place, but that is the subject of another discussion.
    The speaker’s reliance on “independents” (meaning no political affiliation nor leaning) in items 1 to 4, does not offer much comfort to the fool that I am, but Bruce is right, and we need a strong Constitution, if only to underline the fact that a lightweight champion can indeed pack a powerful punch in world affairs.
    Morris Greenidge is a historian. This article was submitted as a Letter to the Editor.

    Source: Nation

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