Rights
The only common-law state in Central America, final appeal to the CCJ
Belize is a common-law jurisdiction with a Westminster constitution of 1981 and English common law and equity in force. It replaced the Privy Council with the Caribbean Court of Justice as final appellate court in 2010, and its courts have delivered landmark rulings on Maya customary land title and on the decriminalisation of same-sex conduct.
Key rules
- Part II of the Constitution is a justiciable bill of rights enforceable by originating motion in the Supreme Court.
- The Caribbean Court of Justice has been the final appellate court since June 2010.
- English common law and the doctrines of equity apply except where displaced by statute.
- Maya customary land tenure was recognised as constitutionally protected property in the CCJ consent order of 2015.
- Section 53 of the Criminal Code criminalising same-sex conduct was struck down in Orozco v Attorney General (2016).
Governing law
- Belize Constitution Act (Cap 4, Part II)Fundamental rights and freedoms.
- Caribbean Court of Justice Act (Cap 87A)Final appellate jurisdiction.
- Supreme Court of Judicature Act (Cap 91)Court structure and equity jurisdiction.
In practice
Constitutional claims start by originating motion in the Supreme Court, with appeal to the Court of Appeal and then the CCJ. There is no general limitation period for constitutional redress, but delay affects discretion. The Maya land litigation remains in the implementation phase.