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An historical overview of the role of governors in the Parliament
Throughout the total period of its occupation as a populated country spanning 334 years, from 1670 to the present The Bahamas has experienced no less than five forms of Government, each headed by a different category of Governor. These five forms, each of which is described later, were successively: (i) an Eleutherian Government, (ii) a Proprietary Government, (iii) a Royal Government, (iv) Internal Self-Government and (v) Independent National Government. First came the Eleutherian Government of those original colonists now known as Eleutherian Adventurers, who came to our shores in 1647 in pursuit of a new way of life. This period continued for only 22 years, and was followed by the Proprietary Government established under the Lords Proprietors to whom The Bahamas had been granted by King Charles II. The Lords Proprietors appointed a total of 15 successive Governors of The Bahamas to oversee and control their interests in what were thought to be islands rich in minerals and other wealth; but, alas, the period is historically noted primarily for its infamy and illegality relating to piracy and plunder. This Proprietary Government continued from 1670 to 1716, ending when the islands failed to produce the expected wealth for their owners, and for the King, and were returned to the jurisdiction of the Crown. A period of Royal Government ensued for the next 256 years when The Bahamas was governed as a colony of the British Crown, which appointed a succession of 49 Royal Governors between 1717 and 1972. Together with a formal Parliament established in 1728, a Governor appointed to represent the Crown became responsible for the governance of the country in accordance with the Orders in Council and other formal instruments which then comprised the constitutional documents. One of these Royal Governors was himself a royal a former King of England; for the Duke of Windsor, formerly King Edward VIII of England, served as Governor of The Bahamas from 1940 to 1945, during the Second World War. During this period of Royal Governors, the laws governing The Bahamas were promulgated by the Parliament. This was a three-stage procedure, comprising passage both in the House of Assembly and the Upper House (formerly called the Legislative Council, but now re-named the Senate), and approval by the Governor. The latter's formal assent, signified by his signature, was necessary before any legislation could be passed into Law. This was an important function of a Governor's role, and was exercised on behalf of the Crown in England, which really meant the British Government of the day, as communicated through the Colonial Office in England. Accordingly, notwithstanding the views and wishes of the elected Bahamian Parliament, the Governor could formally withhold his assent to any proposed law which the members of Parliament might want, and in fact passed. This control, which was in effect a right of veto, was a powerful and significant feature and was one of the major differences between a colony and an independent territory, although the veto powers of the Governor was reduced when Internal Self-government was achieved under the 1964 Constitution. After The Bahamas achieved Internal Self-government in 1964, with a ministerial form of government established by a Constitution effective from January 7, 1964, the role of Governors in the Parliament changed significantly, and most noteworthy was the revocation of the former power of the office-holder to withhold assent to the passage of legislation into law, save with respect to matters of defence and external affairs. However, certain formal and traditional roles continue to present to be performed by the Governor-General. So, that in the case of the appointment of foreign ambassadors to The Bahamas, upon their being granted agreement, it is to the Governor-General that such foreign ambassadors present their credentials. The Governor-General also receives foreign heads of state visiting The Bahamas, and represents our country on state visits abroad. What, then, is the present role of the Governor-General in the Parliament? In each of those sovereign democratic states which now comprise the independent member countries of the Commonwealth, such as The Bahamas, its Constitution establishes the office of a Governor-General who holds office as the representative of Her Majesty, in whom the executive authority of The Bahamas is vested. This executive authority is therefore exercised by the Governor-General on behalf of Her Majesty. Accordingly, the Governor-General is in practice a constituent part of the Parliament which the Constitution also establishes as specifically consisting of Her Majesty, the Senate, and the House of Assembly. The Governor-General, as the appointed representative of Her Majesty, functions as head of both the Legislature and the Judicial system and, as such, has a special relationship with the Prime Minister and the Chief Justice. By law and tradition the constitutional role ranges from the appointment and movement of officers in the Public Service, approving Orders in Council, and giving formal assent to legislation which has passed both Houses of Parliament. Whenever the occasion arises, such as after a general election, or if there is a change in the leadership of the majority of elected members of the House, the Governor-General calls upon the leader of the majority groups to form a new government, and appoints such leader as Prime Minister. The executive authority for this action is derived from the Constitution, and for such official acts the Governor-General proceeds in his or her own deliberate judgement. For other official acts, particularly as a constituent part of the Parliament, the Governor-General acts on the advice of the Prime Minister. These formal acts include: (a) the appointment and swearing-in, or the removal of other ministers; (b) the dissolution of Parliament, and (c) the simultaneous issuing of a Writ of Election for the convening of a new Parliament; (d) summoning a new Parliament; (e) formally opening each new session of Parliament; and (f) proroguing each new session of Parliament at the close of its term, thereby suspending all business until Parliament convenes again; by this process all Bills and other measures being considered are terminated, and must begin anew in the next session. It should be noted that the Governor-General's Speech from the Throne at the Opening of Parliament, and the Prorogation Speech whenever one is made at the close of a session, are prepared by the Government; by custom there is no input from the Governor-General. In these constitutional and traditional roles, the Governor-General helps to foster a sense of national unity and national identity, and leads the way in the preservation of our institutions and our traditions. Special rules of protocol apply to the Governor-General. In his or her formal ceremonial functions, and acting in the role of Head of State, the Governor-General is accorded precedence on all occasions, save when The Sovereign is present. Sir Orville Turnquest served as Governor-General of The Bahamas from January 3, 1995, until he retired on November 13, 2001. |
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© 2004 The Freeport News