Question
1. Belbar is a Commonwealth Caribbean country. The Constitution of Belbar in section 101(1) provides that: The Justices of Appeal shall be appointed by the
1. Belbar is a Commonwealth Caribbean country. The Constitution of Belbar in section 101(1) provides that:
"The Justices of Appeal shall be appointed by the Governor-General, acting in
accordance with the advice of the Prime Minister given after consultation with
the Leader of the Opposition, for such period as may be specified in the
instrument of appointment."
Section 69 of the Constitution of Belbar provides that all amendments to the
Constitution must include a declaration clearly stating which constitutional provision
is being amended. It also provides that amendments to section 101 and other key
provisions dealing with the independence of judges of the High Court must be
effected by a two-thirds (2/3) majority of all the members of each House of
Parliament.
Under the same section 69 of the Constitution, amendments to the provisions of the
Chapter protecting Fundamental Rights and Freedoms require a three-quarters (3/4)
majority of all the members of each House of Parliament.
The Constitution (Amendment) Act 2020 amends section 101 to now provide that:
The amendment is effected by a two-thirds (2/3) majority of all the members of each House of Parliament and includes a declaration that it is amending section 101 of the Constitution.
The Bar Association of Belbar is concerned about whether the constitutional amendment followed the correct procedure for amending the Belbar Constitution.
Advise the Bar Association of Belbar.
this question refers to constitutional law, and the supremacy of the constitution, especially when making amendments to a constitution within the commonwealth Caribbean
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