Constitutional Law

  The Rule of Law

Whenever we hear the term “Constitutional Law” we merely associate it with the Constitution, but most times we never really get down deep into it to determine exactly what it entails and why it should be important to each of us.

The Business Dictionary (Online Dictionary)defines Constitutional Law as the “Body of Law derived from a countries Written Constitution. It lays down and guides the duties and powers of the government, and the duties and rights of its citizens and residents”.

The noted UK Law Professor, A.V. Dicey, in his excellent book entitled, “Introduction To The Study of The Constitution”, which was published in 1885, lays down three (The Rule of Law) principles, they are:

              I.    "  Legal Duties and liability to punishment of all citizens, is determined by the ordinary or regular law and not by an arbitrary official fiat, government decree or wide discretionary- powers

           II.      Disputes between citizens and government officials are to be determined by the ordinary courts applying ordinary law and

         III.      Fundamental rights of the citizens which are the freedom of speech, the freedom of association and the freedom of the person, are rooted in the law and are not dependent on any abstract constitutional concept, declaration or guaranty."

Therefore, we can now see that Constitutional Law is really about the Rule of Law and that no one is above the law. Every citizen and resident of The Bahamas comes under the same law and no one person or groups of persons nor a government or its officials are above the law.

 The Government of The Bahamas and Attorney General appeared before the Supreme Court of The Bahamas in a matter that concerned Judicial Review, which was brought against the Government of The Bahamas and The Attorney General by Cheryl Grant- Bethel. You may read the ruling in the case here at http://www.bahamasuncensored.com/Cheryl%20Bethel-Ruling.pdf . Evans and Co. appeared on behalf of the Chief Justice of The Bahamas.
You may contact us at Evans and Co. if you have questions, comments or require advice concerning this article at info@tevanslaw.com or by phone 242-328-8510.