The Bahamas is an island country in the Atlantic Ocean off the coast of
the United States. 90% of whom are black. 95% are Christians. The Queen
of Britain is their Queen. Parliamentary democracy is basically circled between two parties.
There is nothing special to
mention in the constitution. Completely conventional. However, there are
a few things to note. There is constitutional guarantee of freedom from
inhuman punishment or detention. Freedom from slavery and forced labor
is guaranteed. No one can be arrested that easily.
Admirable Articles of Bahamas’s Constitution
2. The Constitution is supreme law
This Constitution is the supreme law of the Commonwealth of The Bahamas and, subject to the provisions of this Constitution, if any other law is inconsistent with this Constitution, this Constitution, shall prevail and the other law shall, to the extent of the inconsistency, be void.
17. Protection from inhuman treatment
1. No person shall be subjected to torture or to inhuman or degrading treatment or punishment.
2. Nothing contained in or done under the authority of any law shall be held to be inconsistent with or in contravention of this Article to the extent that the law in question authorizes the infliction of any description of punishment that was lawful in the Bahamas Islands immediately before 10th July 1973.
18. Protection from slavery and forced labour
1. No person shall be held in slavery or servitude.
2. No person shall be required to perform forced labour.
3. For the purposes of this Article, “forced labour” does not include-
- any labour required in consequence of the sentence or order of a court;
- any labour required of a member of a disciplined force in pursuance of his duties as such or, in the case of a person who has conscientious objections to service in a naval, military or air force, any labour which that person is required by law to perform in place of such service;
- labour required of any person while he is lawfully detained which, though not required in consequence of the sentence or order of a court, is reasonably necessary in the interests of hygiene or for the maintenance of the place in which he is detained; or
- any labour required during a period of public emergency (that is to say, a period to which Article 29 of this Constitution applies) or in the event of any other emergency or calamity that threatens the life or well-being of the community, to the extent that the requiring of such labour is reasonably justifiable, in the circumstances of any situation arising or existing during that period or as a result of that other emergency or calamity, for the purpose of dealing with that situation.
19. Protection from arbitrary arrest or detention (Part of it)
1. No person shall be deprived of his personal liberty save as may be authorized by law in any of the following cases-
- in execution of the sentence or order of a court, whether established for The Bahamas or some other country, in respect of a criminal offence of which he has been convicted or in consequence of his unfitness to plead to a criminal charge or in execution of the order of a court on the grounds of his contempt of that court or of another court or tribunal;
- in execution of the order of a court made in order to secure the fulfillment of any obligation imposed upon him by law;
- for the purpose of bringing him before a court in execution of the order of a court;
- upon reasonable suspicion of his having committed, or of being about to commit, a criminal offence;
- in the case of a person who has not attained the age of eighteen years, for the purpose of his education or welfare;
- for the purpose of preventing the spread of an infectious or contagious disease or in the case of a person who is, or is reasonably suspected to be, of unsound mind, addicted to drugs or alcohol, or a vagrant, for the purpose of his case or treatment of the protection of the community;
2. Any person who is arrested or detained shall be informed as soon as is reasonably practicable, in a language that he understands, of the reason for his arrest or detention and shall be permitted, at his own expense, to retain and instruct without delay a legal representative of his own choice and to hold private communication with him; and in the case of a person who has not attained the age of eighteen years he shall also be afforded a reasonable opportunity for communication with his parent or guardian.
3. Any person who is arrested or detained in such a case as is mentioned in subparagraph (1)(c) or (d) of this Article and who is not released shall be brought without undue delay before a court; and if any person arrested or detained in such a case as is mentioned in the said sub-paragraph (1)(d) is not tried within a reasonable time he shall (without prejudice to any further proceedings that may be brought against him) be released either unconditionally or upon reasonably necessary to ensure that he appears at a later date for trial of for proceedings preliminary to trial.
4. Any person who is unlawfully arrested or detained
by any other persons hall be entitled to compensation therefor from
that other person.
