The Separation Of Powers In Belize: A Balancing Act

Belize is a constitutional monarchy and parliamentary democracy based on the Westminster model. The country is currently undergoing its second constitutional review process since gaining independence from the United Kingdom in 1981. The review has sparked discussions on various topics, including the separation of powers between the legislature and the executive.

The separation of powers, also known as the division of powers, is the division of the legislative, executive, and judicial functions of government among separate and independent bodies. This principle aims to limit the possibility of arbitrary excesses by the government, as it requires the sanction of all three branches for the making, executing, and administering of laws.

In Belize, the king serves as the head of state, while the prime minister is the head of government. The country's political system is dominated by the centre-left People's United Party and the centre-right United Democratic Party. The independence of the judiciary from the executive and the legislature is constitutionally safeguarded, and members of the judiciary are appointed.

As Belize continues its constitutional review process, the effectiveness of the separation of powers in the country's political system is a topic that may be evaluated and discussed further.

The role of the governor-general

The governor-general of Belize is the representative of the monarch, King Charles III, in the country. The governor-general is appointed by the monarch on the recommendation of the prime minister of Belize. The current governor-general is Dame Froyla Tzalam, who assumed office on 27 May 2021.

The governor-general's functions include appointing ministers, judges, and ambassadors; giving royal assent to legislation passed by the National Assembly; and issuing writs for election. The governor-general also has the power to dissolve parliament and issue writs for new elections. After an election, the governor-general formally requests the leader of the majority party in parliament to form a government and appoints the prime minister and other ministers.

The governor-general observes the conventions of the Westminster system and responsible government, maintaining political neutrality, and acting only on the advice of the prime minister. The governor-general also has a ceremonial role, including hosting events at the official residence, Belize House in the capital, Belmopan, and bestowing honours on individuals and groups contributing to their communities. When travelling abroad, the governor-general represents Belize and its monarch.

The governor-general is appointed for a seven-year term of office and is provided with a salary, pension, and other entitlements as defined by the Governor-General (Conditions of Service) Act 1989. The governor-general's powers and roles are derived from the Constitution of Belize's Part IV, sections 30 to 35, which set out certain provisions relating to the office.

The judiciary's independence

Belize's judiciary is independent of the executive and the legislature. Members of the independent judiciary are appointed. The Chief Justice, who has overall responsibility for the administration of justice in Belize, is appointed by the Governor-General, acting in accordance with the advice of the Prime Minister, given after consultation with the Leader of the Opposition. Justices of the Supreme Court, other than the Chief Justice, are appointed by the Governor-General, in accordance with the advice of the Judicial and Legal Service section of the Public Services Commission and with the concurrence of the Prime Minister, given after consultation with the Leader of the Opposition. Justices of the Court of Appeal are appointed by the Governor-General, acting in accordance with the advice of the Prime Minister, given after consultation with the Leader of the Opposition. Justices of the Supreme Court are appointed with security of tenure and hold office, subject to removal for inability or misbehaviour, until the age of 62. Justices of Appeal hold office, subject to removal for inability or misbehaviour, until the expiration of their periods of appointment or until resignation.

The judiciary has taken steps to increase transparency and public trust. These include the establishment of a dedicated website with the immediate and public posting of judgments, the introduction of gender protocols, the implementation of modern civil and criminal procedure rules, and the promotion of court-connected mediation and arbitration, and outreach programmes such as the Court and You for school-age children. The judiciary has also focused on issues that impact modern society by engaging judges and judicial staff in training in social media, gender sensitization, human trafficking, refugeeism, wellness, and time and resource management.

The judiciary has also been working to increase its integrity and accountability. Belize is a pilot site for the implementation of the United Nations Office on Drugs and Crime (UNODC) Judicial Ethics Training Tools, to which the entire judiciary in Belize will be exposed.

The Belize constitution's origins

The Constitution of Belize is the supreme law of the nation. It was signed in September 1981 and came into effect on 21 September 1981, the same day Belize became independent. The constitution is based on the Westminster model and establishes Belize as a constitutional monarchy and parliamentary democracy.

Belize's constitution has its origins in the country's journey towards independence. In the late 1970s, Belize was engaged in a territorial dispute with Guatemala. It became clear that Belize had more international support and a stronger case, which led to talks of independence. In 1980, the United Nations and Organization of American States both called for Belize's independence by the end of 1981.

On 31 January 1981, the Belize government issued a White Paper that initiated discussions on the proposed Independence Constitution. Despite some initial hostility, a Constitutional Conference was held in April, and by July, the details were approved by the reigning monarch. This paved the way for an Order of Independence to be issued by 31 July, and it was debated in Parliament by 10 August.

Belize's constitution has been amended several times since its ratification. The first amendment was in 1985, which included the removal of a prohibition against multiple citizenship and the introduction of an "economic citizenship" provision. In 2010, the constitution was amended to make the Caribbean Court of Justice the highest court of appeals, replacing the Privy Council.

The impact of Belize's monarchy

Belize is a constitutional monarchy and a parliamentary democracy based on the Westminster model. The country gained sovereignty from the United Kingdom in 1981, becoming an independent constitutional monarchy. The monarchy of Belize is a system of government where a hereditary monarch is the sovereign and head of state.

The monarchy's impact on Belize is significant. Firstly, the monarch is the personal embodiment of the Belizean Crown and is regarded as the fount of justice, with criminal offences deemed legally as offences against the sovereign. The monarch's role is largely symbolic and cultural, acting as a symbol of the legal authority under which all governments and agencies operate. The current Belizean monarch, King Charles III, is the head of state and is represented in the country by the governor-general, Her Excellency Froyla Tzalam. While the governor-general exercises most of the monarch's operational and ceremonial duties, the king holds specific powers, such as signing the appointment papers of governors-general and approving treaties.

The monarchy also has a role in the defence and police forces of Belize. The monarch is the Commander-in-Chief of the Belize Defence Force, and all members must swear allegiance to the king. The Crown of St. Edward, a symbol of the monarchy, is featured on the force's badges and rank insignia. Similarly, every member of the Belize Police Department pledges allegiance to the monarch, and the St Edward's Crown is used on the department's badge and incorporated into rank insignias.

The monarchy's influence extends to the country's currency and stamps, with all coins and banknotes featuring the monarch's portrait, and commemorative stamps bearing the king's image. Additionally, Belize celebrates the monarch's birthday annually in May with parades and other events, known as Sovereign's Day.

While there is support for the monarchy in Belize, with an opinion poll showing 48% in favour, there are also growing calls for the country to become a republic. The current prime minister, Johnny Briceño, has suggested that it is “quite likely" Belize will remove the monarchy, following in the footsteps of Barbados. The establishment of the People's Constitutional Commission to review the constitution and the way the country is governed indicates a potential shift away from the monarchy.

The influence of the US Constitution

The Constitution of Belize was first adopted in 1981 when the country gained independence from the United Kingdom. It was made through a British order-in-council under the provisions of the Belize Act 1981, passed by the British Parliament. The Belizean Constitution is modelled after the British parliamentary system and provides for a bicameral National Assembly composed of an elected House of Representatives and an appointed Senate. The Governor-General, a Belizean national who represents the British Crown, appoints the Prime Minister and the Opposition Leader. The Prime Minister then appoints the Cabinet.

The legal system in Belize is modelled on English common law. The Supreme Court is headed by a Chief Justice, but the Court of Appeal is the country's highest court. Both are independent of the national government. In 2001, Belize joined most members of CARICOM to establish a Caribbean Court of Justice (CCJ), which was inaugurated in 2005. In 2009, Belize adopted the CCJ as its final court of appeal, replacing the Privy Council.

The US Constitution has had some influence on Belize's constitutional framework, particularly in the area of separation of powers. While the Belizean Constitution does not explicitly mention the separation of powers, it establishes different branches of government, including the executive, legislative, and judicial branches, which have their own distinct roles and responsibilities. This separation of functions among the branches of government is similar to the system of checks and balances in the US Constitution, which aims to prevent the concentration of power in a single branch of government.

Additionally, the ongoing constitutional reform process in Belize, led by the People's Constitution Commission (PCC), aims to enhance the separation of powers between the legislature and the executive. This includes exploring ways to moderate ministerial powers and improve legislative oversight. The PCC's recommendations will be presented to the Prime Minister and the National Assembly, and any changes to the Constitution will require a specified level of support in the House of Representatives and the Senate, depending on the nature of the amendment.

Frequently asked questions