Jurisprudence Law at Bahamas
The legal system of The Bahamas is rooted in English common law, supplemented by constitutional principles that safeguard individual rights. This framework supports a robust and independent judiciary, which is essential for both domestic governance and international business activities.
🇧🇸 Legal System and Jurisprudence
The Bahamian legal system is primarily based on English common law, with constitutional provisions that protect fundamental rights. Article 15 of the Constitution enshrines rights such as life, liberty, security, freedom of conscience, expression, assembly, and protection from deprivation of property without compensation .
Judicial independence is constitutionally guaranteed. Judges are appointed by the Governor-General on the advice of the Judicial and Legal Service Commission, which includes the Chief Justice as its chairman. Once appointed, judges' salaries and terms of office cannot be altered to their disadvantage .
⚖️ Court Structure
Supreme Court: The highest court in The Bahamas, with unlimited jurisdiction in civil and criminal matters. It is composed of the Chief Justice and up to 12 Justices. Justices are appointed based on legal qualifications and experience
Court of Appeal: The intermediate appellate court, consisting of the President and other Justices of Appeal. It hears appeals from the Supreme Court .
Magistrates' Courts: These courts handle summary criminal offenses and civil matters involving amounts not exceeding $5,000. They are presided over by stipendiary and circuit magistrates .
Privy Council: The Judicial Committee of the Privy Council in the United Kingdom serves as the final court of appeal for The Bahamas .
📜 Legal Reforms and Modernization
In March 2023, The Bahamas implemented the Supreme Court Civil Procedure Rules (CPR), modeled after the UK's Civil Procedure Rules. These reforms aim to expedite case resolution, improve case management, and introduce court-connected mediation to alleviate case backlogs .
⚖️ Notable Case Law
Bowe v R (2006): The Judicial Committee of the Privy Council ruled that mandatory capital punishment for murder was unconstitutional in The Bahamas. The court held that judges must have discretion to impose a lesser penalty, aligning with constitutional protections against inhuman or degrading punishment .
🧑⚖️ Legal Profession
The Bahamas Bar comprises over 1,000 attorneys, many of whom have experience before the Court of Appeal and the Privy Council. All lawyers entitled to practice are styled as "counsel and attorney" and are officers of the Supreme Court
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