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From:TheBahamasWeekly.com Bahamas Information Services Updates It should be noted that the Referendum held on January 28, 2013 does not fall within this exception, as it was not a constitutional referendum to amend the Constitution. The Referendum of January 28, 2013 was purely consultative. The Constitutional Referendum (Amendment) Act, 2012 allows for an advisory referendum, “Where the Minister considers it desirable that the views of the electorate of The Bahamas be obtained on any matter of national importance (other than a matter to which section 2(1) applies) he may advise the Governor-General to issue an Order directing that a referendum be held to that purpose.” Unlike a constitutional referendum that amends the deeply entrenched provisions of the Constitution, pursuant to section 2 of the Constitutional Referendum Act, 1977, an advisory referendum does not bind the Government. The Privy Council, in The Prime Minister of Belize v. The Attorney General of Belize (2010) held that an advisory referendum imposes no obligation on the legislature to act in a particular fashion. Therefore, the referendum of the 28 January, 2013 had no legislative effect and was purely advisory and consultative and imposed no obligation on the Cabinet or Parliament to act in any particular fashion. The Government is free to consider its results, as one of many factors, in determining which policy to pursue.
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