(Gazetted 20th September, 1981.)
BE IT ENACTED by the Queen's Most Excellent Majesty, by and with the advice and consent of the House of Representatives and the Senate of Belize, and by the authority of the same as follows:-
This Law may be cited as the Short Title.
BELIZE CONSTITUTION
THE CONSTITUTION OF BELIZE
WHEREAS THE PEOPLE OF BELIZE
a) affirm that the Nation of Belize shall be founded upon principles which acknowledge the supremacy of God, faith in human rights and fundamental freedoms, the position of the family in a society of free men and free institutions, the dignity of the human person and the equal and inalienable rights with which all members of the human family are endowed by their Creator;
b) respect the principles of social justice and therefore believe that the operation of the economic system must result in the material resources of the community being so distributed as to subserve the common good, that there should be adequate means of livelihood for all, that labour should not be exploited or forced by economic necessity to operate in inhuman conditions but that there should be opportunity for advancement on the basis of recognition of merit, ability and integrity, that social status, and that a just system should be ensured to provide for education and health on the basis of equality;
c) believe that the will of the people shall form the basis of government in a democratic society in which the government is freely elected by universal adult suffrage and in which all persons may, to the extent of their capacity, play some part in the institutions of national life and this develop and maintain due respect for lawfully constituted authority;
d) recognize that men and institutions remain free only when freedom is founded upon respect for moral and spiritual values and upon the rule of law;
e) require policies of state which protect and safeguard the unity, freedom, sovereignty and territorial integrity of Belize; which eliminate economic and social privilege and disparity among the citizens of Belize whether by race, color, creed or sex; which protect the rights of the individual to life, liberty and the pursuit of happiness; which preserve the right of the individual to the ownership of private property and the right to operate private businesses; which prohibit the explotation of man by man or by the state; which ensure a just system of social security and welfare; which protect the environment; which promote international peace, security and co-operation among nations, the establishment of a just and equitable international economic and social order in the world with respect for international law and treaty obligations in the dealings among nations;
f) desire that their society shall reflect and enjoy the above mentioned principles, belief and needs and that their Constitution should therefore enshrine and make provisions for ensuring the achievement of the same in Belize;
NOW, THEREFORE. the following provisions shall have effect as the Constitution of Belize:
CHAPTER II. PROTECTION OF FUNDAMENTAL RIGHTS AND FREEDOMS
FUNDAMENTAL RIGHTS AND FREEDOMS.
3. Whereas every person in Belize is entitled to the fundamental rights and freedoms of the individual, that is to say, the right, whatever his race, place of origin, political opinions, color, creed or sex, but subject to respect for the rights and freedoms of others and for the public interest, to each and all of the following, namely
c) protection for his family life, his personal privacy, the privacy of his home and other property and recognition of his human dignity; and
PROTECTION OF RIGHT OF PRIVACY.
14.
1. A person shall not be subjected to arbitrary or unlawful interference with his privacy, family, home or correspondence, nor to unlawful attacks on his honor and reputation. The private and family life, the home and the personal correspondence of every person shall be respected.
2. Nothing contained in or done under the authority of any law shall be held to be inconsistent with or in contravention or this section to the extent that the law in question makes provision of the kind specified in subsection 2 of section 9 of this Constitution.
ENFORCEMENT OF PROTECTIVE PROVISIONS
20.-
1. If any person alleges that any of the provisions of sections 3 to 19 inclusive of this Constitution has been, is being or is likely to be contravened in relation to him (or, in the case of a person who is detained, if any other person alleges such a contravention in relation to the detained person), then, without prejudice to any other action with respect to the same matter which is lawfully available, that person (or that other person) may apply to the Supreme Court for redress.
2. The Supreme Court shall have original jurisdiction
a) to hear and determine any application made by any person in pursuance of subsection 1 of this section; and
b) to determine any question arising in the case of any person which is referred to it in pursuance of subsection 3 of this section, and may make such declarations and orders, issue such writs and give such directions as it may consider appropriate for the purpose of enforcing or securing the enforcement of any of the provisions of sections 3 to 10 inclusive of this Constitution:
Provided that the Supreme Court may decline to exercise its powers under this subsection if it is satisfied that adequate means of redress for the contravention alleged are or have been available to the person concerned under any other law.
3. If in any proceedings in any court (other than the Court of Appeal or the Supreme Court or a court-martial) any question arises as to the contravention of any of the provisions of sections 3 to 19 inclusive of this Constitution, the person presiding in that court may, and shall if any party to the proceedings so requests, refer the question to the Supreme Court unless, in his opinion, the raising of the question is merely frivolous or vexatious.
4. Any person aggrieved by any determination of the Supreme Court under this section may appeal therefrom to the Court of Appeal:
Provided that no appeal shall lie from a determination for the Supreme Court under this section dismissing an application on the grounds that it is frivolous or vexatious.
5. Where any question is referred to the Supreme Court in pursuance of subsection 3 of this section, the Supreme Court shall give its decision upon the question and the court in which the question arose shall dispose of the case in accordance with that decision or, if that decision is the subject of an appeal to the Court of Appeal or to Her Majesty in Council, in accordance with the decision to the Court of Appeal or, as the case may be, of Her Majesty in Council.
6. Notwithstanding the validity of any law under section 9.2, 10.3, 11.5, 12.2, 13.2 or 16.4.d) of this Constitution, any act or thing done under the authority of such law shall be unlawful if such act or thing is shown not to be reasonably required in the actual circumstances in which it is done.
7. The Supreme Court shall have such powers in addition to those conferred by this section as may be conferred on it by the National Assembly for the purpose of enabling it more effectively to exercise the jurisdiction conferred on it by this section.
8. The Chief Justice may make rules with respect to the practice and procedure of the Supreme Court in relation to the jurisdiction and powers conferred on it by or under this section (including rules with respect to the time within which applications may be brought and references shall be made to the Supreme Court).