The legal system of The Bahamas
English common law across an archipelago of some 700 islands, with a Westminster parliament and final appeal to the Privy Council. The Bahamas is a CARICOM member but has stayed outside the CARICOM Single Market and Economy, so free movement of workers and the CCJ's original jurisdiction do not apply in the same way as elsewhere in the community. Financial services law is unusually developed for the population size, shaped by successive rounds of international tax-transparency and anti-money-laundering reform.
Legal tradition
The Bahamas belongs to the common law tradition. English common law across an archipelago of some 700 islands, with a Westminster parliament and final appeal to the Privy Council. The Bahamas is a CARICOM member but has stayed outside the CARICOM Single Market and Economy, so free movement of workers and the CCJ's original jurisdiction do not apply in the same way as elsewhere in the community. Financial services law is unusually developed for the population size, shaped by successive rounds of international tax-transparency and anti-money-laundering reform.
How power is divided
Unitary. Parliament legislates nationally; the Family Islands are administered through local government districts created by the Local Government Act 1996, with New Providence excluded from that scheme.
Where law comes from
- The Constitution
- Supreme law; entrenched provisions need a referendum to amend.
- Acts of Parliament
- House of Assembly and Senate.
- Received English common law and equity
- Declared in force by the Declaratory Act; developed locally.
- Judicial precedent
- Privy Council decisions bind all Bahamian courts.
The legal profession
A fused profession of counsel and attorneys admitted by the Supreme Court under the Legal Profession Act 1992, after a law degree and either the Legal Education Certificate or qualification in another common-law jurisdiction. The Bahamas Bar Association and its Bar Council regulate practice.
Law by topic in The Bahamas
- Employment & LabourEmployment Act 2001 with statutory notice and redundancy payThe Employment Act 2001 is the principal statute, setting minimum notice, redundancy entitlements, holiday and sick pay, and protection against dismissal on discriminatory grounds. Redundancy pay is calculated on a weekly basis per year of service, subject to a statutory cap that differs for line staff and managers. Disputes are conciliated by the Department of Labour and may be referred to the Industrial Tribunal.
- Family LawMatrimonial Causes Act with fault and separation groundsDivorce is governed by the Matrimonial Causes Act 1879 as amended, which retains fault grounds including adultery and cruelty alongside separation for at least five years. Financial provision and property adjustment follow on from the decree, and maintenance is available for spouses and children. The Child Protection Act 2007 and the Status of Children Act govern children's welfare and legitimacy.
- Constitutional Law1973 Constitution with entrenched rights and Privy Council appealsThe Constitution of 1973 established The Bahamas as an independent constitutional monarchy with a Westminster-style Parliament of a Senate and House of Assembly. Chapter III guarantees fundamental rights, enforceable by application to the Supreme Court. Amendments to entrenched provisions, including those on citizenship and the courts, require a referendum, which is why several attempted reforms have failed at the ballot rather than in Parliament.
- Criminal LawPenal Code with the death penalty reserved for the worst casesThe Penal Code, Chap. 84 sets out the substantive offences, with procedure in the Criminal Procedure Code. Following Privy Council authority, the mandatory death penalty was held unconstitutional and the Bahamian legislature responded in 2011 by defining categories of murder for which the death penalty remains available, though no execution has been carried out since 2000. Prosecutions are conducted by the Office of the Attorney General and the Director of Public Prosecutions.
- Immigration & NationalityImmigration Act permits with permanent residence for qualifying investorsThe Immigration Act governs entry, work permits and residence, administered by the Department of Immigration. A work permit is required for any non-Bahamian employment and is granted only where a suitably qualified Bahamian is not available, with the labour-market test applied strictly. Permanent residence may be granted to those making a substantial investment in a residence, and accelerated consideration is offered above a higher threshold.
- Civil ProcedureSupreme Court Civil Procedure Rules 2022 replacing the 1978 rulesThe Supreme Court Civil Procedure Rules 2022 came into force in 2023, replacing rules that dated from 1978 and bringing The Bahamas into line with the modern Caribbean model of an overriding objective, case management and proportionate disclosure. Claims are issued in the Supreme Court or in a Magistrates' Court for lower-value matters. Appeals lie to the Court of Appeal and then, with leave, to the Privy Council.
- Business & CorporateCompanies Act 1992 and the International Business Companies Act 2000Domestic companies incorporate under the Companies Act 1992, while the International Business Companies Act 2000 provides a streamlined vehicle widely used for cross-border holding and structuring. Both are administered by the Registrar General's Department. Since 2018 the Commercial Entities (Substance Requirements) Act has required relevant entities carrying on specified activities to demonstrate adequate local substance and to report annually.
- Property & LandInternational Persons Landholding Act with a Torrens-style quieting regimeForeign buyers are governed by the International Persons Landholding Act 1993, which allows a non-Bahamian to acquire a single residential property of up to five acres for personal use by registering the purchase with the Investments Board, while larger or commercial acquisitions need a permit. Title is deeds-based, and the Quieting Titles Act allows a claimant to obtain a court-certified title where the chain of documents is defective. Property tax is charged annually under the Real Property Tax Act.
- Tax LawNo income tax, with VAT and Business Licence fees insteadThe Bahamas imposes no personal income tax, no capital gains tax and no inheritance tax. Public revenue comes principally from VAT, introduced in 2015 and charged at 10 per cent since 2022, from customs duties, and from Business Licence fees assessed on turnover under the Business Licence Act. A domestic top-up tax has been introduced to align with the OECD global minimum tax for large multinational groups.
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