Exercise of Governor - General's functions

32. 1. The Governor - General shall act in accordance with the advice of the Cabinet or a Minister acting under the general authority of the Cabinet in the exercise of his functions other than -

a. any function which is expressed (in whatever terms) to be exercisable by him on or in accordance with the recommendation or advice of, or with the concurrence of, or after consultation with, any person or authority other than the Cabinet; and

b. any function which is expressed (in whatever terms) to be exercisable by him in his discretion.

2. Subsection (1) shall not apply to the functions conferred upon the Governor - General by the following provisions of this Constitution, that it to say -

a. section 66(2) (which requires the Governor - General to revoke the appointment of the Prime Minister in certain circumstances);

b. the proviso to section 61(2) (which requires the Governor - General to dissolve Parliament in certain circumstances); and

c. section 84(4) (which requires the Governor - General to remove a Judge from office in certain circumstances).

3. Where the Governor - General is directed to exercise any function on the recommendation of any person or authority, he shall exercise that function in accordance with such recommendation:

Provided that -

a. before he acts in accordance therewith, he may, in his discretion, once refer that recommendation back for reconsideration by the person or authority concerned; and

b. if that person or authority, having reconsidered the original recommendation under paragraph (a), substitutes therefor a recommendation under paragraph (a), substitutes therefor a different recommendation, the provisions of this subsection shall apply to that different recommendation as they apply to the original recommendation.

4. Where the Governor - General is directed to exercise any function after consultation with any person or authority he shall not be obliged to exercise that function in accordance with the advice of that person or authority.

5. Where the Governor - General is directed to exercise any function in accordance with the recommendation or advice of, or with the concurrence of, or after consultation with, any person or authority, the question whether he has so exercised that function shall not be enquired into in any court.

6. Where the Governor - General is directed to exercise any function on the recommendation of the Prime Minister after consultation with the Leader of the Opposition, the following steps shall be taken: -

a. the Prime Minister shall first consult the Leader of the Opposition and thereafter tender his recommendation to the Governor - General;

b. the Governor - General shall then inform the Leader of the Opposition of that recommendation and if the Leader of the Opposition concurs therein the Governor General shall act in accordance with the recommendation;

c. if the Leader of the Opposition does not concur in the recommendation the Governor General shall so inform the Primer Minister and refer the recommendation back to him:

d. the Prime Minister shall then advise the Governor General and the Governor General shall act in accordance with that advice.

7. Any reference in this Constitution to the functions of the Governor General shall be construed as a reference to this powers and duties in the exercise of the executive authority of Barbados and to any other powers and duties conferred or imposed on him as Governor General by or under this Constitution or any other law.