Monarchy of Belize - Legal Role

Legal Role

All laws in Belize are enacted with the sovereign's, or the viceroy's signature. Thus, all federal bills begin with the phrase "Now, therefore, Her Majesty, by and with the advice and consent of the Senate and House of Representatives of Belize, enacts as follows." The granting of a signature to a bill is known as Royal Assent; it, and proclamation, are required for all acts of parliament, usually granted or withheld by the Governor-General, with the Great Seal of Belize. The Governor-General may reserve a bill for the monarch's pleasure, that is to say, allow the monarch to make a personal decision on the bill.

The sovereign is deemed the "fount of justice," and is responsible for rendering justice for all subjects; however, they do not personally rule in judicial cases. Instead, judicial functions are performed in their name. Hence, the common law holds that the sovereign "can do no wrong"; the monarch cannot be prosecuted in their own courts for criminal offences. Civil lawsuits against the Crown in its public capacity (that is, lawsuits against the government) are permitted; however, lawsuits against the monarch personally are not cognizable. In international cases, as a sovereign and under established principles of international law, the Queen of Belize is not subject to suit in foreign courts without her express consent. The sovereign, and by extension the Governor General, also exercises the "prerogative of mercy," and may pardon offences against the Crown. Pardons may be awarded before, during, or after a trial.

In addition, the monarch also serves as a symbol of the legitimacy of courts of justice, and of their judicial authority. An image of the Queen or the Arms of Her Majesty in Right of Belize is always displayed in Belizean courtrooms. Itinerant judges will display an image of the Queen and the Belizean flag when holding a session away from established courtrooms; such situations occur in parts of Belize where the stakeholders in a given court case are too isolated geographically to be able to travel for regular proceedings.

In Belize the legal personality of the state is referred to as "Her Majesty the Queen in Right of Belize." If a lawsuit is filed against the government, the respondent is formally described as Her Majesty the Queen in Right of Belize. In this capacity, all Crown copyright is held by the Queen.