institutions that guarantee the democratic process. This was in line with the PLP submission which laid out a structure, with clear separation between the Executive, Judiciary and Civil Service. The PLP submission outlines a series of independent commissions that might oversee the appointment of public officers in the judiciary, civil service and security services free of political interference. It would be extremely important for the independence constitution to enshrine provisions protecting the appointment, discipline and removal of public officers. These processes must be as free from political influence as is reasonably possible. The independence of the judiciary is essential to the structure of democracy. The PLP foresees the independence and tenure of our judges and judicial officers being protected under the constitution. A Judicial & Legal Service
Commission will be enshrined in the
constitution, to be responsible for the appointment of judicial officers. An electoral Commission will also oversee a free and fair election process when required.
Currently the British Governor, who holds executive authority, enjoys a number of ’special responsibilities’ which are entrenched in the existing constitution. These reserve powers give the Governor responsibility for the external affairs, police, defence and internal security under section 62 of the Constitution. The Constitution also gives the Governor responsibility over certain key appointments such as chief justice, police commissioner, ombudsman and auditor general.
Strong protection of human rights The protection of fundamental rights and freedoms in an independence constitution should be strong, clear and substantive in providing protection from
26 | The Parliamentarian | 2009: Issue One - Bermuda
discrimination on all grounds. The overwhelming majority of these provisions in Commonwealth sovereign States’ constitutions substantively prohibit discrimination of any form. Bermuda currently has a very active human rights legislative regime which provides for a Human Rights Commission and other bodies which give attention to racial issues. A future
independence constitution should reflect the strongest protections available for all of the country’s citizens.
A strong and unambiguous concept of citizenship for independent Bermuda would certainly be pursued. The PLP also acknowledges that persons existing outside of the existing criteria of citizenship (referred to as Bermudian Status) would also have to be clarified in an independent Bermuda.
A strong economy Bermuda has a successful
Above: An unfinished church in the distance; Opposite page: A street in St George.