Isabella Carter
The Constitution of Belize was signed in September 1981, marking the country's independence from Great Britain. The constitution is the supreme law of the nation of Belize and is divided into a preamble, 13 parts, and four schedules. It provides for a bicameral National Assembly, composed of an elected House of Representatives and an appointed Senate, with members serving five-year terms. The constitution has been amended several times since its ratification, with the most recent consultations on a new constitution taking place in 2022.
| Characteristics | Values |
|---|---|
| Date | September 1981 |
| Independence from | Great Britain |
| Head of State | Queen Elizabeth II |
| Government | Bicameral National Assembly |
| House of Representatives | 18 seats |
| Term of office | 5 years |
| Senate | 8 seats |
| Monarch's representative | Governor-General |
| Governor-General's powers | Securing public safety, defence, maintenance of public order, and suppression of mutiny, rebellion, and riot |
| Citizenship | Belizean citizenship can be granted by the Minister to those who fall under specific subsections |
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What You'll Learn
Belize's independence from the UK
Belize gained independence from the United Kingdom in 1981 under a new constitution with the Queen as the titular Head of State, represented by a Governor-General. The Governor-General, a Belizean national, appoints the Prime Minister and the Opposition Leader. The constitution was made through a British order-in-council under the provisions of the Belize Act 1981, passed by the British Parliament.
The road to Belize's independence began in 1963 when the colony of British Honduras gained full internal self-government. In the same year, a new British Honduras Constitution was passed, and the Legislative Assembly was renamed the National Assembly. The National Assembly comprised two Houses: the House of Representatives and the Senate. In 1970, the National Assembly was inaugurated in Belmopan, and an ordinance was passed to change the name of the Colony of British Honduras to Belize, which came into effect in 1973.
In the 1979 general elections, the People's United Party (PUP) won, and the foundations for the Constitution were laid. In 1980, the United Nations and Organization of American States called for Belize's independence by the end of 1981. A White Paper was issued by the Government in January 1981, which initiated discussions on the proposed Independence Constitution. Despite the hostile reception of the Heads of Agreement in March, a Constitutional Conference was held in April, and the details were approved by the reigning monarch in July, allowing an Order of Independence to be issued by July 31. Belize became independent on September 21, with the Constitution coming into effect on the same date.
The Constitution of Belize is the supreme law of the nation and is divided into a preamble, 13 parts, and four schedules. It is based on the British parliamentary system and provides for a bicameral National Assembly composed of an elected House of Representatives and an appointed Senate. The legal system in Belize is modelled on English common law, with a Supreme Court and a Court of Appeal as the highest court.
The Constitution has been amended several times since its ratification in 1981, with the first amendment occurring in 1985 to change Belize's citizenship requirements. In 1993, the Representation of the People Act was amended to increase the number of elected Members of the House of Representatives from 28 to 29 Members. In 2001, the Belize Constitution (Fourth Amendment) Act increased the number of Senators from 8 to 12, and in 2005, another amendment to the Representation of People Act increased the number of elected Members to 31.
In 2022, the People's Constitution Commission Bill was introduced in the Belize House of Representatives, proposing the establishment of a commission to review the Constitution and provide recommendations to the Prime Minister for consideration by the National Assembly. This bill is seen as a step towards decolonizing the Constitution and consulting the Belizean people on declaring a republic.
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The Constitution's supreme law status
The Constitution of Belize is the supreme law of the nation of Belize. It was signed in September 1981 and came into effect on the same date, coinciding with the country's independence from Great Britain. The Constitution outlines the country's commitment to democratic principles, including the recognition of human rights, fundamental freedoms, social justice, and the equal and inalienable rights of all citizens.
The Constitution establishes a bicameral National Assembly, consisting of an elected House of Representatives and an appointed Senate. The House of Representatives and the Senate both have five-year terms. The Constitution also outlines the roles of various government officials, including the governor-general, prime minister, deputy prime minister, and ministers of state.
One of the critical aspects of the Constitution's supreme law status is its protection of citizens' fundamental rights and freedoms. It guarantees equality regardless of race, creed, skin colour, gender, or disability. It also ensures the right to health care, the right to work, the right to own property, and the right to culture. The Constitution provides for universal suffrage for citizens aged 18 and older and outlines the process for acquiring, revoking, and retaining citizenship.
The Constitution also addresses the role of the judiciary in upholding the supreme law. It grants the Chief Justice the authority to make rules regarding the practice and procedure of the Supreme Court. Additionally, it establishes the Supreme Court's original jurisdiction to hear and determine cases involving alleged contraventions of constitutional provisions. The Court of Appeal, independent of the national government, serves as the country's highest court. In 2009, Belize further strengthened its judicial system by adopting the Caribbean Court of Justice (CCJ) as its final court of appeal, replacing the Privy Council.
The Constitution of Belize has been amended several times since its ratification in 1981 to adapt to the country's evolving needs. These amendments reflect the dynamic nature of the supreme law and demonstrate the country's commitment to maintaining a robust and responsive legal framework.
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The role of the monarch
The Constitution of Belize was signed on 21 September 1981, the same date that the country gained independence from Great Britain. The current monarch of Belize and head of state is King Charles III, who ascended to the throne on 8 September 2022.
Belize is a constitutional monarchy, with a parliamentary system of government similar to other Commonwealth realms. The monarch is the sovereign and head of state, and all powers of the state are constitutionally reposed in them. 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 Crown functions as a guarantor of stable governance and a safeguard against the abuse of power.
The monarch's domestic duties are performed by their vice-regal representative, the governor-general of Belize, who is appointed by the monarch upon the advice of the prime minister. The governor-general is responsible for appointing the prime minister, who heads the Cabinet and advises the monarch or governor-general on the execution of their executive powers. While the monarch has constitutional powers, these are almost always exercised upon the advice of the prime minister and the ministers of the Crown in the Cabinet. In exceptional circumstances, the monarch can act independently based on their reserve powers.
The monarch is also responsible for rendering justice to all subjects and is deemed the fount of justice. Criminal offences in Belize are legally deemed to be offences against the sovereign, and proceedings for indictable offences are brought in the sovereign's name. The monarch is required to give royal assent for the National Assembly to enact laws and for letters patent and Orders in Council to have legal effect.
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The Governor-General's powers
The Constitution of Belize was signed on September 21, 1981, the same day the country gained independence. The constitution has been amended several times since its ratification.
The Governor-General of Belize is the representative of the monarch, currently King Charles III, in Belize. The Governor-General is appointed by the monarch on the recommendation of the Prime Minister of Belize. The Governor-General's powers include:
- Appointing ministers, judges, and ambassadors
- Giving royal assent to legislation passed by the National Assembly
- Issuing writs for election
- Dissolving parliament
- Formally requesting the leader of the political party that gains the support of the majority in parliament to form a government
- Commissioning the Prime Minister and appointing other ministers after the election
- Nominally appointing the Prime Minister (the leader of the majority party in the House) and the opposition leader (the leader of the principal minority party)
- Appointing Senators
- Carrying out ceremonial duties, such as opening new sessions of parliament by delivering the Speech from the Throne, welcoming visiting heads of state, and receiving the credentials of foreign diplomats
- Attending military parades and special occasions, and presenting Colours and other insignia to units of the Belize Defence Force and the Police Force
- Presenting honours at investitures to persons for notable service to the community, or for acts of bravery
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Citizenship requirements
The Constitution of Belize was signed in September 1981, with effect from 21 September—the date Belize gained independence from Great Britain. The constitution has been amended several times since its ratification, with the first amendment occurring in 1985 to change the country's citizenship requirements.
To become a citizen of Belize, you must meet one of the following criteria:
- You have been a holder of Permanent Residence for a minimum of 5 years.
- You are married to a Belizean National for a minimum of 1 year.
- You were born outside of Belize and one of your parents is a Citizen of Belize.
If you are applying for citizenship, you must submit a valid passport from your country of origin. You must also provide a police record from Belize or the country where you have resided for the past 6 months or more. This must be accompanied by a medical certificate, including HIV and VDRL tests performed by a medical laboratory in Belize.
If you are applying for citizenship by marriage, you must provide proof of your spouse's Belizean citizenship, as well as your marriage certificate. You must also identify two Belizeans who will serve as references. If you have any children under the age of 18, they are entitled to become Belizean citizens. You will need to submit an application for citizenship via descent to the immigration department.
If you were born outside of Belize before Independence Day (21 September 1981) and one of your grandparents is a Citizen of Belize, you must provide the following documents:
- Original Birth certificate of the applicant, identifying parents, with a translation if not in English.
- Copy of Belizean grandparent's Birth Certificate.
- If the grandparent is a naturalized Belizean, a nationality certificate must be submitted.
- Copy of Belizean grandparent's passport or form of photo identification.
- Death certificate if the grandparent is deceased.
- Marriage certificate of the applicant if the marriage title appears on the applicant's identity document.
- Copy of the parent's birth certificate establishing the relation to the Belizean grandparent.
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Frequently asked questions
The Constitution of Belize was signed in September 1981.
The signing of the Constitution of Belize in 1981 marked the country's independence from Great Britain.
The Constitution of Belize affirms the country's foundation upon principles that acknowledge the supremacy of God, human rights, fundamental freedoms, the dignity of the human person, and the equal and inalienable rights of all citizens.
The Constitution of Belize provides for a bicameral National Assembly, consisting of an elected House of Representatives and an appointed Senate. The Governor-General, representing the British Crown, appoints the Prime Minister and the Opposition Leader.
Yes, the Constitution of Belize has been amended several times since its ratification in 1981. The first amendment was made in 1985 to modify the country's citizenship requirements.
