BELIZE'S CONSTITUTIONAL and political institutions have roots in the country's origins as a settlement of British subjects, who carried with them the rights and immunities they had enjoyed in the mother country. British common law included the tradition of recognizing the executive power of the crown in settlements overseas, but the Settlement of Belize in the Bay of Honduras (renamed British Honduras in 1862 and Belize in 1973) enjoyed its own legislative competence. In 1871, however, it surrendered its legacy of self-governance and abolished its elected legislature in order to obtain greater economic and political security as a crown colony.
The colony soon regretted the loss of self-rule and thus began a long campaign to regain an elected legislature that led to internal self-rule in 1964 and culminated in the colony's independence in 1981. From 1950 on, the People's United Party (PUP) spearheaded this campaign under the leadership of George Cadle Price. Price and the PUP have largely defined the nationalist agenda in Belize, and the PUP has won all but one national election in Belize since 1954. Although internal self-rule was achieved in 1964, full independence was delayed because of territorial claims against Belize by Guatemala. These claims were still unresolved in 1991, but British defense guarantees paved the way for Belizean independence on September 21, 1981.
According to its constitution, Belize is a constitutional monarchy, whose titular sovereign, the British monarch, is represented in Belize by a governor general. Actual political power, however, resides in elected representatives in the National Assembly and the cabinet headed by the prime minister. Belize has a political system dominated by two parties, the PUP and the United Democratic Party (UDP). The constitution establishes an independent judiciary and guarantees fundamental human, civil, and political rights.
Monday, January 14, 2008
CONSTITUTIONAL BACKGROUND
Constitutional and Political Structures Prior to Independence
Constitutional and political development in Belize prior independence in 1981 can be divided into seven stages. The British settlement enjoyed its own legislature, called the Public Meeting, while the crown held executive authority and thus the right to appoint governors. Social, political, and economic factors, however, led British Honduras to surrender its elected legislature, then called the Legislative Assembly, and the legacy of selfgovernance in order to obtain greater security and economic stability as a crown colony in 1871. The arrangement did not grant the crown, however, the right to revoke or amend the colony's constitution, a right which the monarch held in some colonies. The Parliament of Britain continued to exercise its power to amend British Honduras's constitution in conjunction with relevant legislative bodies in the colony. The rise of trade unions in the 1930s and 1940s and the emergence of a mass political party in the 1950s led to the establishment of institutions that would chart British Honduras's steady course toward internal self-rule and independence.
Constitutional and political development in Belize prior independence in 1981 can be divided into seven stages. The British settlement enjoyed its own legislature, called the Public Meeting, while the crown held executive authority and thus the right to appoint governors. Social, political, and economic factors, however, led British Honduras to surrender its elected legislature, then called the Legislative Assembly, and the legacy of selfgovernance in order to obtain greater security and economic stability as a crown colony in 1871. The arrangement did not grant the crown, however, the right to revoke or amend the colony's constitution, a right which the monarch held in some colonies. The Parliament of Britain continued to exercise its power to amend British Honduras's constitution in conjunction with relevant legislative bodies in the colony. The rise of trade unions in the 1930s and 1940s and the emergence of a mass political party in the 1950s led to the establishment of institutions that would chart British Honduras's steady course toward internal self-rule and independence.
The Public Meeting and the Superintendent, pre-1854
The ambiguous status of British loggers who settled in Spanish territory hindered the early development of government institutions in the area. Informal meetings to address common security concerns, however, evolved into a rudimentary form of administration, the Public Meeting. Participation in the Public Meetings depended on race, wealth, and length of residency. In 1765 Rear Admiral Sir William Burnaby, commander in chief of Jamaica, compiled the settlement's common law in the Ancient Usages and Customs of the Settlement, or, "Burnaby's Code." Burnaby also recommended to the British government that a superintendent be appointed to oversee the settlement. Opposition from the settlers prevented the office of superintendent from being permanently established until 1796. The changing political, economic, and social climate of Central America and the Caribbean, including the emancipation of slaves throughout the British empire in the 1830s, contributed to a desire to regularize the status of the settlement. As early as 1840, British law displaced Burnaby's Code as the settlement's basic law, and in 1854, a Public Meeting and the British Parliament adopted a new constitution, which created institutions more like those of other British possessions. The Public Meeting thus ceased to operate.
Elected Legislative Assembly, 1854-70
The new constitution replaced the Public Meeting with a Legislative Assembly with eighteen elected members. In addition, the superintendent appointed three subordinate colonial officials who served in the assembly as ex officio, or "official," members. The elected members had to be British-born or naturalized subjects and own property worth £400 sterling. The superintendent, who was appointed by the British government, chaired the assembly and could dissolve it at will. In 1862, when the Settlement of Belize in the Bay of Honduras was officially declared a British colony known as British Honduras, a lieutenant governor subordinate to the governor of Jamaica replaced the superintendent. Later, a governor replaced the lieutenant governor. At the end of the decade, however, the Legislative Assembly petitioned for status as a crown colony, hoping that the crown would thereby shoulder more of the costs of defense. In order to accommodate such status, the Legislative Assembly voted in 1870 to replace itself with an appointed Legislative Council.
Crown Colony, 1871-1935
The governor and his appointed council governed British Honduras after it was declared a crown colony in 1871. The exact composition of the council varied over the years, but its membership until 1936 was always restricted to official members, who held key appointive positions in the colonial administration, and unofficial members, who were appointed by the governor. In drafting a new constitution, the old Legislative Assembly withheld a power from the new governor. Unlike the governors of other crown colonies, the governor of British Honduras lacked reserve powers, the right to enact laws in emergency situations without the consent of the Legislative Council. But in 1932, the Legislative Council agreed to grant reserve powers to the British Honduran governor in exchange for urgently needed British financial assistance in the wake of a devastating hurricane the previous year.
The Return to Elected Government, 1936-53
Resenting the pressure that had been brought to bear upon them to grant reserve powers, the unofficial members of the Legislative Council successfully lobbied for the inclusion of elected members, as had been offered when the council agreed to grant the governor reserve powers. In 1936 five of the seven unofficial posts of the twelve-member council became elected ones. In 1939 the council expanded to thirteen, the new member being an elected one. The mix of official and appointed members was shuffled several times before the council was replaced in 1954.
The institution of elections for council members, however, did not bring mass political participation. Property requirements for voters and candidates effectively excluded nonwhite people from government. And until 1945, women could not vote before the age of thirty, while men could vote when they turned twenty-one. In the 1936 election, only 1,035 voters--1.8 percent of the population-- cast ballots. Even as late at 1948, only 2.8 percent of the population voted. After World War II, the cause of self-rule in British Honduras benefited from the growing pressure for selfgovernment and decolonization throughout the British Empire. The labor movement and the PUP, which was founded in 1950, called for greater political participation. In 1947 the Legislative Council appointed a commission of enquiry to make recommendations for constitutional reforms. The commission issued its report in 1952 and recommended moving slowly ahead with reforms, paving the way for an opening of the political system to greater popular participation.
The institution of elections for council members, however, did not bring mass political participation. Property requirements for voters and candidates effectively excluded nonwhite people from government. And until 1945, women could not vote before the age of thirty, while men could vote when they turned twenty-one. In the 1936 election, only 1,035 voters--1.8 percent of the population-- cast ballots. Even as late at 1948, only 2.8 percent of the population voted. After World War II, the cause of self-rule in British Honduras benefited from the growing pressure for selfgovernment and decolonization throughout the British Empire. The labor movement and the PUP, which was founded in 1950, called for greater political participation. In 1947 the Legislative Council appointed a commission of enquiry to make recommendations for constitutional reforms. The commission issued its report in 1952 and recommended moving slowly ahead with reforms, paving the way for an opening of the political system to greater popular participation.
Constitution of 1954 and Extension of Suffrage, 1954-60
The constitution of 1954 extended suffrage to all literate British subjects over the age of twenty-one. The new constitution also replaced the Legislative Council with a Legislative Assembly that had nine elected, three official, and three appointed members and established an Executive Council chaired by the governor. The nine members of the council were drawn from the Legislative Assembly and included the three official members, two of the appointed members, and four of the elected members chosen by the assembly. The governor was required to abide by the advice of the Executive Council but he still held reserve powers and controlled the introduction of financial measures into the legislature. In 1955 a quasi-ministerial government was established when three of the elected members of the Executive Council were given responsibility for overseeing three government ministries.
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