Understanding Belize's Legal Framework: A Guide To Legislation, Law, And Statues

Belize is a constitutional parliamentary democracy with a legal system based on English Common Law. The National Assembly is the country's law-making body, consisting of two houses: the Senate (Upper House) and the House of Representatives (Lower House). The National Assembly's power to make laws is exercised through bills that must be passed by both houses and assented to by the Governor-General. The National Assembly can also postpone the enactment of any law and pass laws with retroactive effect. All laws made by the National Assembly are referred to as Acts.

The Belize Constitution, which is the supreme law of the nation, was signed in 1981 and has been amended several times since then. It is divided into a preamble, 13 parts, and four schedules. The Constitution guarantees fundamental rights and freedoms, including the right to life, personal liberty, freedom of expression, assembly, and association. It also establishes the Belize Supreme Court of Judicature and Court of Appeal, with the judiciary headed by the Chief Justice.

The legal process in Belize involves the Supreme Court, which hears serious civil and criminal cases, and the Court of Appeal, which generally sits four times a year. The legal profession in Belize is regulated by the Legal Profession Act, which sets out the requirements for admission to practise law in the country.

The Belize Constitution

Part 1: The State and the Constitution

This part defines Belize's sovereignty and establishes the Constitution as the supreme law. It also defines Belize's boundaries.

Part 2: Protection of Fundamental Rights and Freedoms

This part covers the rights to life, personal liberty, freedom of movement, conscience, expression, assembly and association, privacy, work, racial discrimination, deprivation of property, and more. It also includes provisions for public emergencies and the protection of detained persons under emergency laws.

Part 3: Citizenship

This part outlines the requirements for becoming a citizen of Belize, including birth in Belize, birth outside Belize to Belizean citizens, marriage to a Belizean citizen, and more.

Part 4: The Governor-General

This part covers the establishment of the office of the Governor-General, including their oath, functions, and the appointment of an Acting Governor-General.

Part 5: The Executive

This part covers executive authority, including the roles and responsibilities of the Prime Minister, Deputy Prime Minister, Ministers of Government, Attorney General, Cabinet, and more.

Part 6: The Legislature

This is the largest part of the Constitution, covering the establishment of the House of Representatives, Senate, Clerks to Houses, legislative power, voting, bills and quorums, general elections, and more.

Part 7: The Judiciary

This part covers the establishment of the Supreme Court and Court of Appeal, as well as the replacement of appeals to the Privy Council with the Caribbean Court of Justice.

Part 8: The Public Service

This part covers the Public Services Commission, appointment of public officers and civil servants, discipline, pensions, gratuity, retirement, and more.

Part 10: Miscellaneous

This part includes the Code of Conduct, National Symbols, Appointments, Removals and Resignations, Consultation, and the National Seal.

Part 11: Transitional Provisions

This part covers the interpretation of transitional powers, existing laws, the first Governor-General, Ministers, the National Assembly, courts, and alterations.

Part 12: Repeals and Date of Commencement

This part includes sections on commencement, revocations, and the date the Constitution came into effect.

Part 13: Government Control Over Public Utilities

This part covers the interpretation of government control, majority ownership, and control of public utilities, as well as the validity of acquisition orders for Belize Electricity Limited and Belize Telemedia Limited.

The Belize Supreme Court

The Supreme Court consists of three judges: the Chief Justice, who is appointed by the Governor-General on the advice of the Prime Minister, and two Puisne Justices, who are directly appointed by the Prime Minister. The Chief Justice has overall responsibility for the administration of justice in Belize and handles wills and probate. The Supreme Court has had Chief Justices from Belize and other Caribbean countries, as well as Sierra Leone, Uganda, and Palestine.

Under Section 40 of the SCJA, Belize is divided into three districts for judicial purposes, each consisting of two political districts. The districts are:

• The Northern District, comprising the Corozal and Orange Walk Districts. The Supreme Court sits at the Court House in Orange Walk Town.
• The Central District, comprising the Belize and Cayo Districts. The Supreme Court sits at the Court House in Belize City and Belmopan City.
• The Southern District, comprising the Stann Creek and Toledo Districts. The Supreme Court sits at the Court House in Dangriga Town and Punta Gorda Town.

The Supreme Court holds four sessions per year in each of the three districts, for a total of twelve sessions annually. The court hears serious civil and criminal cases before judges and a jury.

The Belize Court of Appeal

The Court of Appeal exercises an appellate jurisdiction with the power to hear and determine appeals in both civil and criminal matters. The court first sat in Belize on March 25, 1969, and now sits three times a year in March, June, and October. Each session lasts three weeks, with the first two weeks dedicated primarily to hearing criminal appeals. A panel of three judges presides at any one time upon the hearing of any civil or criminal matter. There are currently four judges of the Court of Appeal, including the President, who is a resident Belizean, and three other judges, two of whom are from the Commonwealth Caribbean.

The Belize National Assembly

The House of Representatives

The House of Representatives is made up of 31 members, who are elected by the people of Belize in a general election every five years. Each member represents one constituency. The House of Representatives includes members of the ruling party and members of the opposition. The Speaker of the House of Representatives presides over the sittings of the House and is responsible for ensuring order and decorum during sittings, applying the rules of the House (Standing Orders), and overseeing procedures. The House passes bills, debates national issues, and approves the government budget.

The Senate

The Senate is the Upper House of the National Assembly and is made up of 13 members, who are appointed by the Governor-General. The President of the Senate presides over meetings. The Senate discusses and confirms bills that are sent from the House of Representatives.

The Lawmaking Process

The lawmaking process in Belize involves the following steps:

• Cabinet accepts an idea from a minister and discusses it.
• Legal draftsmen draft the bill.
• The bill is approved by the Cabinet.
• The bill is introduced into the House of Representatives for the first reading.
• House committee meetings are held to hear public opinions and possible changes to the bill.
• The bill is debated in the House of Representatives during the second reading.
• The bill is accepted and voted upon during the third reading. If it is passed by a majority vote, it becomes an act.
• The act goes through the same three stages/readings in the Senate before it becomes a law.
• Once the act passes the Senate, it is sent to the Governor-General for their signature. The act then becomes a law.

The Role of the Governor-General

The Governor-General represents the Queen in Belize and has important duties in Parliament. They assent to bills passed in both the House of Representatives and the Senate, turning them into laws. The Governor-General can also prorogue or dissolve the National Assembly at any time, acting on the advice of the Prime Minister.

The Belize Supreme Court

The Belize Supreme Court hears serious civil and criminal cases before judges and juries. The Chief Justice, who heads the judiciary, has overall responsibility for the administration of justice in Belize and handles Wills and Probate.

The Belize legal system's basis in English Common Law

Belize's legal system is based on English Common Law, which is also the basis of the US legal system, though the two have since diverged. Belize's legal system reflects the precedent law of England and the British Commonwealth, and rulings frequently cite Supreme Court rulings in those jurisdictions.

The Belize legal system is adversarial in nature, with the Supreme Court, the Court of Appeal, and magistrates' courts. The Supreme Court hears serious civil and criminal cases before a judge and jury, while preliminary hearings of less serious civil cases are held in district courts, and those of criminal cases in summary jurisdiction courts. Both district and summary jurisdiction courts are magistrates' courts. The Court of Appeal generally sits four times a year.

The judiciary is one of the three separate arms of the Belizean state and is headed by the Chief Justice, who has overall responsibility for the administration of justice in Belize, including wills and probate.

The National Assembly of Belize is the Legislature or Parliament of Belize and is responsible for the law-making process. It consists of two Houses: the Senate (Upper House) and the House of Representatives (Lower House). The Members of the House of Representatives are elected in a general election under the provisions of the Representation of the People Act, while the Members of the Senate are nominated and appointed by the Governor-General of Belize.

The National Assembly makes laws for the peace, order, and good governance of Belize. For a Bill to become a law, it must be passed by both Houses and assented to by the Governor-General. The Governor-General represents the Queen in Belize and has important duties to perform in Parliament. The Governor-General also opens the first Sitting of the House of Representatives by delivering the Government Speech, which outlines the Government's intention for the coming session or term of Parliament.

The Constitution of Belize is the supreme law of the nation and was signed in September 1981. It is divided into a preamble, 13 parts, and four schedules. It establishes Belize's Supreme Court of Judicature and Court of Appeal.

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