® BuscaLegis.ccj.ufsc.br
THE CONSTITUTION OF ANTIGUA AND
BARBUDA
WHEREAS the People of Antigua and Barbuda-
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proclaim that they are a sovereign nation founded
upon principles that acknowledge the supremacy of God, the dignity and
worth of the human person, the entitlement of all persons to the fundamental
rights and freedoms of the individual, the position of the family in a
society of free men and women and free institutions;
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respect the principles of social justice and, therefore,
believe that the operation of their economic system should result in the
material resources of their community being so distributed as to serve
the common good, that there should be adequate means of livelihood for
all, that labour should not be exploited or forced by economic necessity
to operate in inhumane conditions but that there should be opportunity
for advancement on the basis of recognition of merit, ability and integrity;
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assert their conviction that their happiness and
prosperity can best be pursued in a democratic society in which all persons
may, to the extent of their capacity, play some part in the national life;
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recognise that the law symbolises the public conscience,
that every citizen owes to it an undivided allegiance not to be limited
by any private views of justice or expediency and that the State is subject
to the law;
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desire to establish a framework of supreme law within
which to guarantee their inalienable human rights and freedoms, among them,
the rights to liberty, property, security and legal redress of grievances,
as well as freedom of speech, of the press and of assembly, subject only
to the public interest:
NOW, THEREFORE, the following provisions
shall have effect as the Constitution of Antigua and Barbuda:-
CHAPTER I
THE STATE AND THE CONSTITUTION
THE STATE AND ITS TERRITORY.
1.-
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Antigua and Barbuda shall be a unitary sovereign
democratic State.
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The territory of Antigua and Barbuda shall comprise
the islands of Antigua, Barbuda and Redonda and all other areas that were
comprised in Antigua on 31st October 1981 together with such other areas
as may be declared by Act of Parliament to form part of the territory of
Antigua and Barbuda.
CONSTITUTION IS SUPREME LAW.
2.- This Constitution is the supreme law
of Antigua and Barbuda and, subject to the provisions of this Constitution,
if any other laws is inconsistent with this Constitution, this Constitution
shall prevail and the other law shall, to the extent of the inconsistency,
be void.
CHAPTER II
PROTECTION OF FUNDAMENTAL RIGHTS AND FREEDOMS OF THE INDIVIDUAL
FUNDAMENTAL RIGHTS AND FREEDOMS OF THE INDIVIDUAL.
3.- Whereas every person in Antigua and
Barbuda is entitled to the fundamental rights and freedoms of the individual,
that is to say, the right, regardless of race, place of origin, political
opinions or affiliations, colour, creed or sex, but subject to respect
for the rights and freedoms of others and for the public interest, to each
and all of the following, namely-
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life, liberty, security of the person, the enjoyment
of property and the protection of the law;
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freedom of conscience, of expression (including freedom
of the press) and of peaceful assembly and association; and
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protection for his family life, his personal privacy,
the privacy of his home and other property and from deprivation of property
without fair compensation,
the provisions of this Chapter shall have
effect for the purpose of affording protection to the aforesaid rights
and freedoms, subject to such limitations of that protection as are contained
in those provisions, being limitations designed to ensure that the enjoyment
of the said rights and freedoms by any individual does not prejudice the
rights and freedoms of other or the public interest.
PROTECTION OF RIGHT TO LIFE.
4.-
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No person shall be deprived of his life intentionally
save in execution of the sentence of a court in respect of a crime of treason
or murder of which he has been convicted.
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A person shall not be regarded as having been deprived
of his life in contravention of this section if he dies as the result of
the use, to such extent and such circumstances as are permitted by law,
of such force as is reasonably justifiable-
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for the defence of any person from violence or for
the defence of property;
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in order to effect a lawful arrest or to prevent
the escape of a person lawfully detained;
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for the purpose of suppressing a riot, insurrection
or mutiny; or
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in order lawfully to prevent the commission by that
person of a criminal offence,
or if he dies as the result of a lawful act of war.
PROTECTION OF RIGHT TO PERSONAL LIBERTY.
5.-
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No person shall be deprived of his personal liberty
save as may be authorised by law in any of the following cases, that is
to say-
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in consequence of his unfitness to plead to a criminal
charge;
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in execution of the sentence or order of a court,
whether established for Antigua and Barbuda or some other country, in respect
of a criminal offence of which he has been convicted;
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in execution of an order of the High Court or of
the Court of Appeal or such other court as may be prescribed by Parliament
on the grounds of his contempt of any such court or of another court or
tribunal;
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in execution of the order of a court made in order
to secure the fulfilment of any obligation imposed on him by law;
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for the purpose of bringing him before a court in
execution of the order of a court;
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upon reasonable suspicion of his having committed
or of being about to commit a criminal offence under any law;
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under the order of a court or with the consent of
his parent or guardian, for his education or welfare during any period
ending not later than the date when he attains the age of eighteen years;
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for the purpose of preventing the spread of an infectious
or contagious disease;
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in the case of a person who is, or is reasonably
suspected to be, of unsound mind, addicted to drugs or alcohol, or a vagrant,
for the purpose of his care or treatment or the protection of the community;
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for the purpose of preventing the unlawful entry
of that person into Antigua and Barbuda, or for the purpose of effecting
the expulsion, extradition or other lawful removal of that person from
Antigua and Barbuda or for the purpose of restricting that person while
he is being conveyed through Antigua and Barbuda in the course of his extradition
or removal as a convicted prisoner from one country to another; or
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to such extent as may be necessary in the execution
of a lawful order requiring that person to remain within a specified area
within Antigua and Barbuda or prohibiting him from being within such an
area or to such extent as may be reasonably justifiable for the taking
of proceedings against that person relating to the making of any such order
or relating to such an order after it has been made, or to such extent
as may be reasonably justifiable for restraining that person during any
visit that he is permitted to make to any part of Antigua and Barbuda in
which, in consequence of any such order, his presence would otherwise be
unlawful.
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any person who is arrested or detained shall be informed
orally and in writing as soon as reasonably practicable, in language that
he understands, of the reason for his arrest or detention.
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Any person who is arrested or detained shall have
the right, at any stage and at his own expense, to retain and instruct
without delay a legal practitioner of his own choice, and to hold private
communications with him, and in the case of a minor he shall also be afforded
a reasonable opportunity for communication with his parent or guardian.
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When a person is arrested, excessive bail shall not
be required in those cases where bail is being granted.
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Any person who is arrested or detained-
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for the purpose of bringing him before a court in
execution of the order of a court; or
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upon reasonable suspicion of his having committed
or being about to commit a criminal offence under any law,
and who is not released shall be brought before the
court within forty-eight hours after his detention and, in computing time
for the purposes of this subsection, Sundays and public holidays shall
be excluded.
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If any person arrested or detained as mentioned in
subsection (5) (b) of this section is not tried within a reasonable time,
the, without prejudice to any further proceedings which may be brought
against him, he shall be released either unconditionally or upon reasonable
conditions, including in particular such conditions as are reasonably necessary
to ensure that he appears at a later date for trial or for proceedings
preliminary to trial and, subject to subsection (4) of this section, such
conditions may include bail.
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Any person who is unlawfully arrested or detained
by any other person shall, subject to such defences as may be provided
by law, be entitled to compensation for such unlawful arrest or detention
from the person who made the arrest or effected the detention, from any
person or authority on whose behalf the person making the arrest or effecting
the detention was acting or from them both:
Provided that a judge, a magistrate or
a justice of the peace or an officer of a court or a police officer acting
in pursuance of the order of a judge, a magistrate or a justice of the
peace shall nor be under any personal liability to pay compensation under
this subsection in consequence of any act performed by him in good faith
in the discharge of the functions of his office and any liability to pay
any such compensation in consequence of any such act shall be a liability
of the Crown.
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For the purposes of subsection (1) (b) of this section,
a person charged with a criminal offence in respect of whom a special verdict
has been returned that he was guilty of the act or omission charged but
was insane when he did the act or made the omission shall be regarded as
a person who has been convicted of a criminal offence and the detention
of that person in consequence of such a verdict shall be regarded as detention
in execution of the order of a court.
PROTECTION FROM SLAVERY AND FORCED LABOUR
6.-
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No person shall be held in slavery or servitude.
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No person shall be required to perform forced labour.
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For the purposes of this section, the expression
"forced labour"e; does not include-
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any labour required in consequence of the sentence
or order of a court;
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any labour required of any person while he is lawfully
detained that, though not required in consequence of the sentence or order
of a court, is reasonably necessary in the interests of hygiene or for
the maintenance of the place at which he is detained;
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any labour required of a member of a disciplined
force in pursuance of his duties as such or, in the case of a person who
has conscientious objections to service as a member of a naval, military
or air force, any labour that person is required by law to perform in place
of such service;
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any labour required during any period of public emergency
or, in the event of any other emergency or calamity that threatens the
life and well-being of the community, to the extent that the requiring
of such labour is reasonably justifiable in the circumstances of any situation
arising or existing during that period or as a result of that other emergency
or calamity, for the purpose of dealing with that situation.
PROTECTION FROM INHUMAN TREATMENT
7.-
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No person shall be subjected to torture or to inhuman
or degrading punishment or other such treatment.
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Nothing contained in or done under the authority
of any law shall be held to be inconsistent with or in contravention of
this section to the extent that the law in question authorises the infliction
of any description of punishment that was lawful in Antigua on 31st October
1981.
PROTECTION OF FREEDOM OF MOVEMENT
8.-
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A person shall not be deprived of his freedom of
movement, that is to say, the right to move freely throughout Antigua and
Barbuda, the right to reside in any part of Antigua and Barbuda, the right
to enter Antigua and Barbuda, the right to leave Antigua and Barbuda and
immunity from expulsion from Antigua and Barbuda.
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Any restrictions on a person's freedom of movement
that is involved in his lawful detention shall not be held to be inconsistent
with or in contravention of this section.
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Nothing contained in or done under the authority
of any law shall be held to be inconsistent with or in contravention of
this section to the extent that the law in question makes provision-
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for the imposition of restrictions on the movements
or residence within Antigua and Barbuda of any person or on any person's
right to leave Antigua and Barbuda that are reasonably required in the
interests of defence, public safety or public order;
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for the imposition of restrictions on the movements
or residence within Antigua and Barbuda or on the right to leave Antigua
and Barbuda of persons generally or any class of persons in the interest
of defence, public safety, public order, public morality, or public health
or, in respect of the right to leave Antigua and Barbuda, of securing compliance
with any international obligation of Antigua and Barbuda particulars of
which have been laid before the House and except so far as that provision
or, as the case may be, the thing done under the authority thereof is shown
not to be reasonably justifiable in a democratic society;
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for the imposition of restrictions, by order of a
court, on the movement or residence within Antigua and Barbuda of any person
or on any person's right to leave Antigua and Barbuda either in consequence
of his having been found guilty of a criminal offence under a law or for
the purpose of ensuring that he appears before a court at a later date
for trial of such a criminal offence or for proceedings relating to his
extradition or lawful removal from Antigua and Barbuda;
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for the imposition of restrictions on the freedom
of movement of any person who is not a citizen;
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for the imposition of restrictions on the acquisition
or use by any person of land or other property in Antigua and Barbuda;
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for the imposition of restrictions upon the movement
or residence within Antigua and Barbuda or on the right to leave Antigua
and Barbuda of any public officer that are reasonably required for the
proper performance of his functions;
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for the removal of a person from Antigua and Barbuda
to be tried or punished in some other country for a criminal offence under
the law of that other country or to undergo imprisonment in some other
country in execution of the sentence of a court in respect of a criminal
offence under a law of which he has been convicted; or
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for the imposition of restrictions on the right of
any person to leave Antigua and Barbuda that are reasonably required in
order to secure the fulfilment of any obligations imposed on that person
by law and except so far as that provision or, as the case may be, the
thing done under the authority thereof is shown not to be reasonably justifiable
in a democratic society.
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If any person whose freedom of movement has been
restricted by virtue of such a provision as is referred to in subsection
(3) (a) of this section so requests at any time during the period of that
restriction not earlier than two months after the restriction was imposed
or two months after he last made such a request, as the case may be, his
case shall be reviewed by an independent and impartial tribunal consisting
of a president who shall be a legal practitioner of not less than seven
years standing appointed by the Chief Justice and two other members appointed
by the Governor-General acting in his discretion.
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On any review by a tribunal in pursuance of subsection
(4) of this section of the case of any person whose freedom of movement
has been restricted, the tribunal may make recommendations concerning the
necessity for or expediency of the continuation of that restriction to
the authority by whom it was ordered and, unless it is otherwise provided
by law, that authority shall be obliged to act in accordance with any such
recommendations.
PROTECTION FROM DEPRIVATION OF PROPERTY
9.-
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No property of any description shall be compulsorily
taken possession of, and no interest in or right to or over property of
any description shall be compulsorily acquired, except for public use and
except in accordance with the provisions of a law applicable to that taking
of possession or acquisition and for the payment of fair compensation within
a reasonable time.
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Every person having a interest in or right to or
over property which is compulsorily taken possession of or whose interest
in or right to or over any property is compulsorily acquired shall have
the right of access to the High Court for-
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the determination of his interest or right, the legality
of the taking of possession or acquisition of the property, interest or
right and the amount of any compensation to which he is entitled; and
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the purpose of obtaining payment of that compensation:
Provided that if Parliament so provides
in relation to any matter referred to in paragraph (a) of this subsection
the right of access shall be by way of appeal (exercisable as of right
at the instance of the person having the interest in or right to or over
the property) from a tribunal or authority, other than the High Court,
having jurisdiction under any law to determine that matter.
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The Chief Justice may make rules with respect to
the practice and procedure of the High Court or any other tribunal or authority
in relation to the jurisdiction conferred on the High Court by subsection
(2) of this section or exercisable by the other tribunal or authority for
the purposes of that subsection (including rules with respect to the time
within which application or appeals to the High Court or applications to
the other tribunals or authority may be brought).
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Nothing contained in or done under the authority
of any law shall be held to be inconsistent with or in contravention of
subsection (1) of this section-
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to the extent that the law in question makes provision
for the taking of possession or acquisition of any property, interest or
right-
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in satisfaction of any tax, rate or due;
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by way of penalty for breach of the law or forfeiture
in consequence of breach of the law;
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as an incident of a lease, tenancy, mortgage, charge,
bill of sale, pledge or contract;
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in the execution of judgements or orders of a court
in proceedings for the determination of civil rights or obligations;
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in circumstances where it is reasonably necessary
so to do because the property is in a dangerous state or likely to be injurious
to the health of human beings, animals or plants;
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in consequence of any law with respect to the limitation
of actions;
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for so long as may be necessary for the purposes
of any examination, investigation, trial or enquiry or, in the case of
land, for the purposes of the carrying out thereon of work of soil conservation
or the conservation of other natural resources or work relation to agricultural
development or improvement (being work relating to such development or
improvement that the owner or occupier of the land has been required, and
has without reasonable excuse refused or failed, to carry out),
and except so far as the provision or, as the case
may be, the thing done under the authority thereof is shown not to be reasonably
justifiable in a democratic society;
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to the extent that the law in question makes provision
for the taking of possession or acquisition of any of the following property
(including and interest in or right to or over property), that is to say-
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enemy property;
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property of a deceased person, a person of unsound
mind or a person who had not attained the age of eighteen years, for the
purpose of its administration for the benefit of the persons entitled to
the beneficial interest therein;
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the property of a person adjudged bankrupt or a body
corporate in liquidation, for the purpose of its administration for the
benefit of the creditors of the bankrupt or body corporate and, subject
thereto, for the benefit of other persons entitled to the beneficial interest
in the property; or
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property subject to a trust, for the purpose of vesting
the property in persons appointed as trustees under the instrument creating
the trust or by a court or by order of a court for the purposes of giving
effect to the trust.
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Nothing contained in or done under the authority
of any law enacted by Parliament shall be held to be inconsistent with
or in contravention of this section to the extent that the law in question
makes provision for the compulsory taking of possession of any property,
or the compulsory acquisition of any interest in or right or over property,
where that property, interest or right is held by a body corporate established
by law for public purposes in which no monies have been invested other
than monies provided by Parliament or any legislature established for the
former colony or Associated State of Antigua.
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For the purposes of this section, "use" is "public"
if it is intended to result or results in a benefit or advantage to the
public and, without prejudice to its generality, includes any use affecting
the physical, economic, social or aesthetic well-being of the public.
PROTECTION OF PERSON OR PROPERTY FROM ARBITRARY
SEARCH OR ENTRY
10.-
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Except with his own consent, no person shall be subjected
to the search of his person or his property or the entry by others on his
premises.
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Nothing contained in or done under the authority
of any law shall be held to be inconsistent with or in contravention of
this section to the extent that the law in question makes provision-
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that is reasonably required in the interests of defence,
public safety, public order, public morality, public health, public revenue,
town and country planning or the development and utilisation of property
in such a manner as to promote the public benefit;
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that authorises an office or agent of the Government,
a local government authority or a body corporate established by law for
public purposes to enter on the premises of any person in order to inspect
those premises or anything thereon for the purpose of any tax, rate or
due in order to carry out work connected with any property that is lawfully
on those premises and that belongs to the Government, or to that authority
or body corporate, as the case may be;
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that is reasonably required for the purpose of preventing
or detecting crime;
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that is reasonably required for the purpose of protecting
the rights or freedoms of other persons; or
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that authorises, for the purpose of enforcing the
judgement or order of a court in any proceedings, the search of any person
or property by order of a court or entry upon any premises by such order,
- and except so far as that provision or, as the
case may be, anything done under the authority thereof is shown not to
be reasonably justifiable in a democratic society.
PROTECTION OF FREEDOM OF CONSCIENCE
11.-
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Except with his own consent, no person shall be hindered
in the enjoyment of his freedom of conscience, and for the purposes of
this section the said freedom includes freedom of thought and of religion,
freedom to change his religion or belief, and freedom, either alone or
in community with others, and both in public and in private, to manifest
and propagate his religion or belief in worship, teaching, practice and
observance.
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Except with his own consent (or, if he is under the
age, of eighteen years, the consent of his parent or guardian) no person
attending any place of education shall be required to receive religious
instruction or to take part in or attend any religious ceremony or observance
if that instruction, ceremony or observance relates to a religion other
than his own.
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No person shall be compelled to take any oath which
is contrary to his religion or belief or to take any oath in a manner which
is contrary to his religion or belief.
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Nothing contained in or done under that authority
of any law shall be held to be inconsistent with or in contravention of
this section to the extent that the law in question makes provision that
is reasonably required-
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in the interests of defence, public safety, public
order, public morality or public health; or
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for the purpose of protecting the rights and freedoms
of other persons, including the right to observe and practice any religion
without the unsolicited intervention of members of any other religion,
- and except so far as that provision or, as the
case may be, the thing done under the authority thereof is shown not to
be reasonably justifiable in a democratic society.
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Reference in this section to a religion shall be
construed as including references to a religious denomination, and cognate
expressions shall be construed accordingly.
PROTECTION OF FREEDOM OF EXPRESSION INCLUDING
FREEDOM OF THE PRESS
12.-
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Except with his own consent, no person shall be hindered
in the enjoyment of his freedom of expression.
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For the purposes of this section the said freedom
includes the freedom to hold opinions without interference, freedom to
receive information and ideas without interference, freedom to disseminate
information and ideas without interference (whether the dissemination be
to the public generally or to any person or class of persons) and freedom
from interference with his correspondence or other means of communication.
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For the purposes of this section expression may be
oral or written or by codes, signals, signs or symbols and includes recordings,
broadcasts (whether on radio or television), printed publications, photographs
(whether still or moving), drawings, carvings and sculptures or any other
means of artistic expression.
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Nothing contained in or done under the authority
of any law shall be held to be inconsistent with or in contravention of
this section to the extent that the law in question makes provision-
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that is reasonably required-
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in the interests of defence, public safety, public
order, public morality or public health; or
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for the purpose of protecting the reputations, rights
and freedoms of other persons, or the private lives of persons concerned
in legal proceedings and proceedings before statutory tribunals, preventing
the disclosure of information received in confidence, maintaining the authority
and independence of Parliament and the courts, or regulating telephony,
posts, broadcasting or other means of communication, public entertainment's,
public shows; or
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that imposes restrictions upon public officers that
are reasonably required for the proper performance of their functions,
- and except so far as that provision or, as the
case may be, the thing done under the authority thereof is shown not to
be reasonably justifiable in a democratic society.
PROTECTION OF FREEDOM OF ASSEMBLY AND ASSOCIATION
13.-
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Except with his own consent, no person shall be hindered
in the enjoyment of his freedom of peaceful assembly and association, that
is to say, his right peacefully to assemble freely and associate with other
persons and in particular to form or belong to trade unions or other associations
for the promotion and protection of his interests.
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Nothing contained in or done under the authority
of any law shall be held to be inconsistent with or in contravention of
this section to the extent that the law in question makes provision-
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that is reasonably required-
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in the interests of defence, public order, public
morality or public health; or
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for the purpose of protecting the rights or freedoms
of other persons; or
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that imposes restrictions upon public officers that
are reasonably required for the proper performance of their functions,
- and except so far as that provision or, as the
case may be, the thing done under the authority thereof is shown not to
be reasonably justifiable in a democratic society.
PROTECTION FROM DISCRIMINATION ON THE GROUNDS
OF RACE, SEX ETC.
14.-
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Subject to the provisions of subsections (4), (5)
and (7) of this section, no law shall make any provision that is discriminatory
either of itself or in its effect.
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Subject to the provisions of subsections (6), (7)
and (8) of this section, no person shall be treated in a discriminatory
manner by any person acting by virtue of any law or in the performance
of the functions of any public office or any public authority.
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In this section, the expression "discriminatory"
means affording different treatment to different persons attributable wholly
or mainly to their respective descriptions by race, place of origin, political
opinions or affiliations, colour, creed, or sex whereby persons of one
such description are subjected to disabilities or restrictions to which
persons of another such description are not made subject or are accorded
privileges or advantages that are not accorded to persons of another such
description.
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Subsection (1) of this section shall not apply to
any law so far as the law makes provision-
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for the appropriation of public revenues or other
public funds;
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with respect to persons who are not citizens; or
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whereby persons of any such description as in mentioned
in subsection (3) of this section may be subjected to any disability or
restriction or may be accorded any privilege or advantage that, having
regard to its nature and to special circumstances pertaining to those persons
or to persons of any other such description, is reasonably justifiable
in a democratic society.
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Nothing contained in any law shall be held to be
inconsistent with or in contravention of subsection (1) of this section
to the extent that it makes provision with respect to qualifications (not
being qualifications specifically relating to race, place of origin, political
opinions or affiliations, colour, creed or sex) for service as a public
officer or as a member of a disciplined force or for the service of a local
government authority or a body corporate established by any law for public
purposes.
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Subsection (2) of this section shall not apply to
anything that is expressly or by necessary implication authorised to be
done by any such provision of law as is referred to in subsection (4) or
(5) of this section.
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Nothing contained in or done under the authority
of any law shall be held to be inconsistent with or in contravention of
this section to the extent that that law in question makes provision whereby
persons of any such description as in mentioned in subsection (3) of this
section may be subjected to any restriction on the rights and freedoms
guaranteed by sections 8, 10, 11, 12 and 13 of this Constitution, being
such a restriction as is authorised by paragraph (a) or (b) of subsection
(3) of section 8, subsection (2) of section 10, subsection (4) of section
11, subsection (4) of section 12 or subsection (2) of section 13, as the
case may be.
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Nothing in subsection (2) of this section shall affect
any discretion relating to the institution, conduct or discontinuance of
civil or criminal proceedings in any court that is vested in any person
by or under this Constitution or any other law.
PROVISION TO SECURE PROTECTION OF THE LAW
15.-
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If any person is charged with a criminal offence
then, unless the charge is withdrawn, he shall be afforded a fair hearing
within a reasonable time by a independent and impartial court established
by law.
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Every person who is charged with a criminal offence-
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shall be presumed to be innocent until he is proved
or has pleaded guilty;
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shall be informed orally and in writing as soon as
reasonably practicable, in language that he understands, of the nature
of the offence with which he is charged;
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shall be given adequate time and facilities for the
preparation of his defence;
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shall be permitted to defend himself before the court
in person or by a legal practitioner of his own choice;
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shall be afforded facilities to examine in person
or by his legal representative the witnesses called by the prosecution
before the court and to obtain the attendance and carry out the examination
of witnesses to testify on his behalf before the court on the same conditions
as those applying to witnesses called by the prosecution; and
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shall be permitted to have without payment the assistance
of an interpreter if he cannot understand the language used at the trial
of the charge, and except with his own consent the trial shall not take
place in his absence-
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except where, under the provisions of any law entitling
him thereto, he is given adequate notice of the charge, the date, time
and place of the trial or continuance thereof and afforded a reasonable
opportunity of appearing before the court;
Provided that where the foregoing conditions
have been complied with, and the court is satisfied that owing to circumstances
beyond his control he cannot appear, the trial shall not take place or
continue in his absence; or
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unless he so conducts himself as to render the continuance
of the proceedings in his presence impracticable and the court has ordered
him to be removed and the trial to proceed in his absence.
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When a person is tried for a any criminal offence
the accused person or any person authorised by him in that behalf shall,
if he so requires and subject to payment of such reasonable fees as may
be prescribed by law, be given within a reasonable time after judgement
a copy of any record of the proceedings made by or on behalf of the court.
-
No person shall be held to be guilty of a criminal
offence on account of any act or omission that did not, at the time it
took place, constitute such an offence, and no penalty shall be imposed
for any criminal offence that is more severe in degree or description than
the maximum penalty that might have been imposed for that offence at the
time when it was committed.
-
No person who shows that he has been tried by a competent
court for a criminal offence and either convicted or acquitted shall again
be tried for that offence or for any criminal offence of which he could
have been convicted at the trial for the offence, save upon the order of
a superior court in the course of appeal or review proceedings relating
to the conviction or acquittal.
-
No person shall be tried for a criminal offence if
he shows that he has been pardoned for that offence.
-
No person who is tried for a criminal offence shall
be compelled to give evidence at the trial.
-
Any court or other authority prescribed by law for
the determination of the existence or extent of any civil right or obligation
shall be established by law and shall be independent and impartial; and
where proceedings for such a determination are instituted by any persons
before such a court or other authority, the case shall be given a fair
hearing within a reasonable time.
-
Except with the agreement of all that parties thereto,
all proceedings of every court and proceedings for the determination of
the existence or extent of any civil right or obligation before any other
authority, including the announcement of the decision of the court or other
authority, shall be held in public.
-
Nothing in subsection (9) of this section shall prevent
the court or other authority from excluding from the proceedings persons
other than the parties thereto and the legal practitioners representing
them to such an extent as the court or other authority-
-
may by law be empowered to do and may consider necessary
or expedient in circumstances where publicity would prejudice the interests
of justice or in interlocutory proceedings or in the interests of public
morality, the welfare of persons under the age of eighteen years or the
protection of the private lives of persons concerned in the proceedings;
or
-
may by law be empowered or required to do in the
interests of defence, public safety, public order or public morality.
-
Nothing contained in or done under the authority
of any law shall be held to be inconsistent with or in contravention of-
-
subsection (2) (a) of this section, to the extent
that the law in question imposes upon any person charged with a criminal
offence the burden of proving particular facts;
-
subsection (2) (e) if this section, to the extent
that the law in question imposes reasonable conditions that must be satisfied
if witnesses called to testify on behalf of an accused person are to be
paid their expenses out of public funds; or
-
subsection (5) of this section, to the extent that
the law in question authorises a court to try a member of a disciplined
force for a criminal offence notwithstanding any trial and conviction or
acquittal of that member under the disciplinary law of that force so however,
that any court so trying such a member and convicting him shall in sentencing
him to any punishment take into account any punishment awarded him under
that disciplinary law.
-
In the case of any person who is held in lawful detention,
the provisions of subsection (1), paragraphs (d) and (e) of subsection
(2), and subsection (3) of this section shall not apply in relation to
his trial for a criminal offence under the law regulating the discipline
of persons held in such detention.
-
Nothing contained in or done under the authority
of any law shall be held to be inconsistent with or in contravention of
subsection (2) of this section to the extent that it authorises the trial
of a defendant by a magistrate for a summary offence to take place in the
defendant's absence.
-
In this section "criminal offence" means a criminal
offence under any law.
DEROGATION'S FROM FUNDAMENTAL RIGHTS AND FREEDOMS
UNDER EMERGENCY POWERS
16.- Nothing contained in or done under
the authority of a law enacted by Parliament shall be held to be inconsistent
with or in contravention of section 5 or section 14 of this Constitution
to the extent that the law authorises the taking during any period of public
emergency of measures that are reasonably justifiable, for dealing with
the situation that exists in Antigua and Barbuda during that period.
PROTECTION OF PERSONS DETAINED-UNDER EMERGENCY
LAWS
17.-
-
When a person is detained by virtue of any such law
as is referred to in section 16 of this Constitution the following provisions
shall apply, that is to say-
-
he shall, with reasonable promptitude and in any
case not more than seven days after the commencement of his detention,
be informed in a language that he understands and in detail of the grounds
upon which he is detained and furnished with a written statement in English
specifying those grounds in detail;
-
not more than fourteen days after the commencement
of his detention a notification shall be published in the Official Gazette
stating that he has been detained and giving particulars of the provision
of law under which his detention is authorised;
-
not more than one month after the commencement of
his detention and thereafter during the detention at intervals of not more
than six months, his case shall be reviewed by an independent and impartial
tribunal established by law and presided over by a suitably qualified legal
practitioner of at least seven years standing appointed by the Chief Justice;
-
he shall be afforded reasonable facilities to consult
a legal representative of his own choice who shall be permitted to make
representations to the tribunal appointed for the review of the case of
the detained person; and
-
at the hearing of his case by the tribunal appointed
for the review of his case he shall be permitted to appear in person or
by a legal practitioner of his own choice.
-
On any review by a tribunal in pursuance of this
section of the case of a detained person, the tribunal may make recommendations
concerning the necessity or expediency of continuing his detention to the
authority by which it was ordered but, unless it is otherwise provided
by law, that authority shall not be obliged to act in accordance with any
such recommendations.
-
Nothing contained in subsection (1) (d) or subsection
(1) (e) of this section shall be construed as entitling a person to legal
representation at public expense.
ENFORCEMENT OF PROTECTIVE PROVISIONS
18.-
-
If any person alleges that any of the provisions
of sections 3 to 17 (inclusive) of this Constitution has been, is being
or is likely to be contravened in relation to him (or, in the case of a
person who is detained, if any other person alleges such a contravention
in relation to the detained person), then, without prejudice to any other
action with respect to the same matter that is lawfully available, that
person (or that other person) may apply to the High Court for redress.
-
The High Court shall have original jurisdiction-
-
to hear and determine any application made by any
person in pursuance of subsection (1) of this section; and
-
to determine any question arising in the case of
any person that is referred to it in pursuance of subsection (3) of this
section,
- and may make such declaration and orders, issue
such writs and give such directions as it may consider appropriate for
the purpose of enforcing or securing the enforcement of any of the provisions
of sections 3 to 17 (inclusive) of this Constitution:
Provided that the High Court may decline
to exercise its powers under this subsection if it is satisfied that adequate
means of redress for the contravention alleges are or have been available
to the person concerned under any other law.
-
If in any proceedings in any court (other than the
Court of Appeal, the High Court or a court-martial) any question arises
as to the contravention of any of the provisions of sections 3 to 17 (inclusive)
of this Constitution, the person presiding in that court may, and shall
if any party to the proceedings so requests, refer the question to the
High Court unless, in his opinion, the raising of the question is merely
frivolous or vexatious.
-
Where any question is referred to the High Court
in pursuance of subsection (3) of this section, the High Court shall give
its decision upon the question and the court in which the question arose
shall dispose of the case in accordance with that decision or, if that
decision is the subject of an appeal to the Court of Appeal or to Her Majesty
in Council, in accordance with the decision of the Court of Appeal or,
as the case may be, of Her Majesty in Council.
-
There shall be such provision as may be made by Parliament
for conferring upon the High Court such powers in addition to those conferred
by this section as may appear to be necessary or desirable for the purpose
of enabling that court more effectively to exercise the jurisdiction conferred
upon it by this section.
-
The Chief Justice may make rules with respect to
the practice and procedure of the High Court in relation to the jurisdiction
and powers conferred on it by or under this section (including rules with
respect to the time within which applications may be brought and references
shall be made to the High Court).
PROTECTION FROM DEROGATION'S FROM FUNDAMENTAL
RIGHTS AND FREEDOMS GENERALLY
19.- Except as is otherwise expressly provided
in this Constitution, no law may abrogate, abridge or infringe or authorise
the abrogation, abridgement or infringement of any of the fundamental rights
and freedoms of the individual herein before recognised and declared.
DECLARATION OF PUBLIC EMERGENCY
20.-
-
The Governor-General may, by Proclamation which shall
be published in the Official Gazette, declare that a state of public emergency
exists for the purposes of this Chapter.
-
Every declaration shall lapse-
-
in the case of a declaration made when Parliament
is sitting, at the expiration of a period of seven days beginning with
the date of publication of the declaration; and
-
in any other case, at the expiration of a period
of twenty-one days beginning with the date of publication of the declaration,
unless it has in the meantime been approved by resolutions of both Houses
of Parliament.
-
A declaration of public emergency may at any time
be revoked by the Governor-General by Proclamation which shall be published
in the Official Gazette.
-
A declaration of public emergency that has been approved
of by resolutions of the Houses of Parliament in pursuance of subsection
(2) of this section shall, subject to the provisions of subsection (3)
of this section, remain in force so long as the resolutions of those Houses
remain in force and no longer.
-
A resolution of a House of Parliament passed for
the purposes of this section shall remain in force for three months or
such shorter period as may be specified therein:
Provided that any such resolution may be extended
from time to time by a further such resolution each extension not exceeding
three months from the date of the resolution effecting the extension and
any such resolution may be revoked at any time by a resolution of that
House.
-
Any provision of this section that a declaration
of emergency shall lapse or cease to be in force at any particular time
is without prejudice to the making of a further such declaration whether
before or after that time.
-
A resolution of a House of Parliament for the purposes
of subsection (2) of this section and a resolution extending any such resolution
shall not be passed unless it is supported by the votes of a majority of
all members of that House.
-
The Governor-General may summon the Houses of Parliament
to meet for the purposes of subsection (2) of this section notwithstanding
that Parliament stands dissolved, and the persons who were members of the
Senate and the House immediately before the dissolution shall be deemed,
for those purposes, still to be members of those Houses, but, subject to
the provisions of sections 33 and 42 of this Constitution (which relate
to the election of the President, Vice-President, the Speaker, and the
Deputy Speaker) a House of Parliament shall not, when summoned by virtue
of this subsection, transact any business other than debating and voting
upon a resolution for the purpose of subsection (2) of this section.
INTERPRETATION AND SAVINGS
21.-
-
In this Chapter, unless the context otherwise requires-
"contravention", in relation to any requirement, includes a failure to
comply with that requirement, and cognate expressions shall be construed
accordingly;
"court" means any court of law having jurisdiction
in Antigua and Barbuda other that a court established by a disciplinary
law, and includes Her Majesty in Council and, in section 4 of this Constitution,
a court established by a disciplinary law;
"disciplinary law" means a law regulating the
discipline of any disciplined force;
"disciplined force" means-
-
a naval, military or air force;
-
the Police force; or
-
a prison service;
"member", in relation to a disciplined force, includes
any person who, under the law regulating the discipline of that force,
is subject to that discipline;
"legal practitioner" means a person entitled to
practice as a barrister in Antigua and Barbuda or, except in relation to
proceedings before a court in which a solicitor has no right of audience,
entitled to practice as a solicitor in Antigua and Barbuda.
-
In relation to any person who is a member of a disciplined
force raised under any law, nothing contained in or done under the authority
of the disciplinary law of that force shall be held to be inconsistent
with or in contravention of any of the provisions of this Chapter other
than sections 4, and 7 of this Constitution.
-
In relation to any person who is a member of a disciplined
force raised otherwise than as aforesaid and lawfully present in Antigua
and Barbuda, nothing contained in or done under the authority of the disciplinary
law of that force shall be held to be inconsistent with or in contravention
of any of the provisions of this Chapter.
-
In this Chapter "public emergency" means any period
during which-
-
Her Majesty is at war; or
-
there is in force a declaration of emergency under
section 20 of this Constitution, or there are in force resolutions of both
Houses of Parliament supported by the votes of not less than two-thirds
of all the members of each House declaring that democratic institutions
in Antigua and Barbuda are threatened by subversion.
-
A Proclamation made by the Governor-General shall
not be affective for the purposes of section 20 of this Constitution unless
it contains a declaration that the Governor-General is satisfied-
-
that a public emergency has arisen as a result of
the imminence of a state of war between Her Majesty and a foreign State
or as a result of the occurrence of any earthquake, hurricane, flood, fire,
outbreak of pestilence, outbreak of infectious disease or other calamity
whether similar to the foregoing or not; or
-
that action has been taken or is immediately threatened
by any person or body of persons of such a nature and on so extensive a
scale as to be likely to endanger the public safety or to deprive the community,
or any substantial portion of the community, of supplies or services essential
to life.
CHAPTER III
THE GOVERNOR-GENERAL
ESTABLISHMENT OF OFFICE
22.- There shall be a Governor-General
of Antigua and Barbuda who shall be a citizen appointed by Her Majesty
and shall hold office during Her Majesty's pleasure and who shall be Her
Majesty's representative in Antigua and Barbuda.
ACTING GOVERNOR-GENERAL
23.-
-
During any period when the office of Governor-General
is vacant or the holder of the office of Governor-General is absent from
Antigua and Barbuda or is for any other reason unable to perform the functions
of his office those functions shall be performed by such person as Her
Majesty may appoint.
-
Any such person as aforesaid shall not continue to
perform the functions of the office of Governor-General if the holder of
the office of Governor-General has notified him that he is about to assume
or resume those functions.
-
The holder of the office of Governor-General shall
not for the purposes of this section, be regarded as absent from Antigua
and Barbuda or as unable to perform the functions of his office-
-
by reason that he is in passage from one part of
Antigua and Barbuda to another; or
-
at any time when there is a subsisting appointment
of a deputy under section 25 of this Constitution.
OATHS
24.- A person appointed to hold or act
in the office of Governor-General shall, before entering upon the duties
of that office, take and subscribe the oath of allegiance and the oath
of office.
DEPUTY TO GOVERNOR-GENERAL
25.-
-
When the Governor-General-
-
has occasion to be absent from the seat of government
but not from Antigua and Barbuda;
-
has occasion to be absent from Antigua and Barbuda
for a period that he considers, in his discretion, will be of short duration,
- he may, acting in accordance with the advice of
the Prime Minister, appoint any person in Antigua and Barbuda to be his
deputy during such absence or illness and in that capacity to perform on
his behalf such of the functions of the office of Governor-General as may
be specified in the instrument by which he is appointed.
-
The power and authority of the Governor-General shall
not be abridged, altered or in any way affected by the appointment of a
deputy under this section, and subject to the provisions of this Constitution,
a deputy shall conform to and observe all instructions that the Governor-General,
in his discretion, may from time to time address to him:
Provided that the question whether or not
a deputy has conformed to and observed any such instructions shall not
be enquired into by any court of law.
-
A person appointed as deputy under this section shall
hold that appointment for such period as may be specified in the instrument
by which he is appointed, and his appointment may be revoked at any time
by the Governor-General, acting in accordance with the advice of the Prime
Minister.
PUBLIC SEAL
26.- The Governor-General shall keep and
use the Public Seal for sealing all things that shall pass under the Public
Seal.
CHAPTER IV
PARLIAMENT
PART 1
ESTABLISHMENT AND COMPOSITION OF PARLIAMENT
ESTABLISHMENT OF PARLIAMENT
27.- There shall be a Parliament in and
for Antigua and Barbuda which shall consist of Her Majesty, a Senate and
a House of Representatives.
THE SENATE
COMPOSITION OF THE SENATE
28.-
-
The Senate shall consist of seventeen persons who,
being qualified for appointment as Senators in accordance with the provisions
of this Constitution, have been so appointed in accordance with the provisions
of this section and such temporary members (if any) as may be appointed
in accordance with the provisions of section 32 of this Constitution.
-
Ten Senators shall be appointed by the Governor-General
acting in accordance with the advice of the Prime Minister.
-
Four Senators shall be appointed by the Governor-General
acting in accordance with the advice of the Leader of the Opposition.
-
Subject to subsection (7) of this section, one Senator
shall be appointed by the Governor-General in his discretion from outstanding
persons or persons representing such interests as the Governor-General
considers ought to be represented in the Senate.
-
One Senator shall be appointed by the Governor-General
acting in accordance with the advice of the Barbuda Council.
-
One Senator, being an inhabitant of Barbuda, shall
be appointed by the Governor-General in accordance with the advice of the
Prime Minister.
-
Before appointing any person representing interests
under subsection (4) of this section the Governor-General shall consult
such persons as in his discretion he considers can speak for the interests
concerned and ought to be consulted.
QUALIFICATIONS FOR APPOINTMENT AS SENATORS
29.- Subject to provisions of section 30
of this Constitution any person who at the date of his appointment-
-
is a citizen of the age of twenty-one years or upwards;
-
has resided in Antigua and Barbuda for a period of
twelve months immediately preceding the date of his appointment; and
-
is able to speak and, unless incapacitated by blindness
or other physical cause, to read the English language with sufficient proficiency
to enable him to take an active part in the proceedings of the Senate,
- shall be qualified to be appointed as a Senator.
DISQUALIFICATION FROM APPOINTMENT AS SENATORS
30.-
-
No person shall be qualified to be appointed as a
Senator who-
-
is, by virtue of his own act, under any acknowledgement
or allegiance, obedience or adherence to a foreign power or state;
-
is a member of the House;
-
is an undischarged bankrupt, having been declared
bankrupt under any law;
-
is a person certified to be insane or otherwise adjudged
to be of unsound mind under any law;
-
is under sentence of death imposed on him by a court
or has been sentenced to imprisonment (by whatever name called) for a term
of or exceeding twelve months and has not either suffered the punishment
to which he was sentenced or such other punishment as may be competent
authority have been substituted therefor, or received a free pardon;
-
is disqualified for election to the House by or under
any law by reason of his connection with any offence relating to elections;
-
holds or is acting in any public office or in the
office of judge of the Supreme Court or Ombudsman, or is a member of the
Constituencies Boundaries Commission, the Judicial and Legal Services Commission,
the Public Service Commission or the Police Service Commission;
-
has, within the period of ten years immediately preceding
the proposed date of his appointment as a Senator, been convicted on indictment
by a court of competent jurisdiction of theft, fraud or other such crime
involving dishonesty and who-
-
has not appealed against that conviction; or
-
has appealed against that conviction and whose appeal
has not been allowed; and
-
has not received a free pardon in respect of the
offence; or
-
is a minister of religion.
-
Without prejudice to the provisions of subsection
(1) (g) of this section, Parliament may provide that person shall not be
qualified for appointment as a Senator in any of the following cases-
-
if he holds or is acting in any office that is specified
by Parliament and the functions of which involve responsibility for, or
in connection with the conduct of an election or the compilation or revision
of any register of electors for the purposes of an election;
-
subject to any exceptions and limitations prescribed
by Parliament, if-
-
he holds or is acting in any office or appointment
prescribed by Parliament either individually or by reference to a class
of office or appointment;
-
he belongs to any armed force of Antigua and Barbuda
or to any class of person that is comprised in any such force; or
-
he belongs to the Police Force or to any class of
person that is comprised in the Police Force.
-
For the purpose of subsection (1) (e) of this section-
-
two or more sentences of imprisonment that are required
to be served consecutively shall be regarded as separate sentences if none
of those sentences exceeds twelve months, but if any one of such sentences
exceeds that term they shall be regarded as one sentence; and
-
no account shall be taken of a sentence of imprisonment
imposed as an alternative to or in default of the payment of a fine.
TENURE OF OFFICE OF SENATORS
31.-
-
Every Senator shall vacate his seat in the Senate-
-
at the next dissolution of Parliament after he has
been appointed;
-
if he is with his consent nominated as a candidate
for election to the House;
-
if he ceases to be a citizen;
-
if he is absent from the sittings of the Senate for
such period or periods and in such circumstances as may be prescribed by
the rules of procedure of the Senate;
-
subject to the provisions of subsection (2) of this
section, if any circumstances arise that, if he were not a Senator, would
cause him to be disqualified for appointment as such by virtue of subsection
(1) of section 30 of this Constitution or of any law enacted in pursuance
of subsection (2) of that section;
-
if the Governor-General, acting in accordance with
the advice of Prime Minister in the case of a Senator appointed in accordance
with that advice, or in accordance with the advice of the Leader of the
Opposition in the case of a Senator appointed in accordance with that advice,
or in accordance with the advice of the Barbuda Council in the case of
a Senator appointed in accordance with that advice, or in his discretion
in the case of a Senator appointed by him in his discretion, declares the
seat of that Senator to be vacant;
-
if, having been appointed under the provisions of
section 28(6) of this Constitution, he ceases to be an inhabitant of Barbuda.
-
If circumstances such as are referred to in subsection
(1) (e) of this section arise because a Senator is convicted of a felony
or of any other offence involving dishonesty, sentenced to death or imprisonment,
adjudged to be of unsound mind, or declared bankrupt or is convicted of
any offence relating to elections in circumstances that disqualify him
for election to the House, and if it is open to the Senator to appeal against
the decision (either with the leave of a court or other authority or without
such leave), he shall forthwith cease to perform his functions as a Senator
but, subject to the provisions of this subsection, he shall not vacate
his seat until the expiration of thirty days thereinafter:
Provided that the President may, at the
request of the Senator, from time to time extend that period for further
periods of thirty days to enable the Senator to pursue an appeal against
the decision, so, however, that extensions of time exceeding in the aggregate
one hundred and fifty days shall not be given without the approval, signified
by resolution, of the Senate.
-
If on the determination of an appeal, such circumstances
continue to exist and no further appeal is open to the Senator, or if,
by reason of the expiration of any period for entering an appeal or notice
thereof or the refusal of leave to appeal or for any other reason, it ceases
to be open to the Senator to appeal, he shall forthwith vacate his seat.
-
If at any time before the Senator vacates his seat
such circumstances as aforesaid cease to exist his seat shall not become
vacant on the expiration of the period referred to in paragraph (a) of
this subsection and he may resume the performance of his functions as a
Senator.
APPOINTMENT OF TEMPORARY SENATORS.
32.-
-
Whenever a Senator is incapable of performing his
functions as a Senator by reason of his absence from Antigua and Barbuda
or by reason of his suspension under section 31(2) of this Constitution
or by reason of illness, the Governor-General may appoint a person qualified
for appointment as a Senator to be temporarily a member of the Senate during
such absence, suspension or illness.
-
The provisions of section 31 of this Constitution
shall apply to a member of the Senate appointed under this section as they
apply to a Senator appointed under section 28 of this Constitution and
a appointment made under this section shall in any case cease to have effect
if the person appointed is notified by the Governor-General that the circumstances
giving rise to his appointment have ceased to exist.
-
In the exercise of the powers conferred upon him
by this section, the Governor-General shall act-
-
in accordance with the advice of the Prime Minister
in relation to a Senator appointed in pursuance of section 28(2) or 28(6)
of this Constitution;
-
in accordance with the advice of the leader of the
Opposition in relation to a Senator appointed in pursuance of section 28(3)
of this Constitution;
-
in his discretion in relation to a Senator appointed
by him pursuant to section 28(4) of this Constitution; and
-
in accordance with the advice of the Barbuda Council
in relation to a Senator appointed in pursuance of section 28(5) of this
Constitution.
PRESIDENT AND VICE-PRESIDENT.
33.-
-
When the Senate first meets after any general election
and before it proceeds to the despatch of any other business, it shall
elect a Senator to be President, and if the office of President falls vacant
at any time before the next dissolution of Parliament, the Senate shall,
as soon as practicable, elect another Senator to be President.
-
When the Senate first meets after any general election
and before it proceeds to any other business except the election of the
President, it shall elect a Senator to be Vice-President; and if the office
of Vice-President falls vacant at any time before the next dissolution
of Parliament, the Senate shall, as soon as practicable, elect another
Senator to be Vice-President.
-
The Senate shall not elect a Senator who is a Minister
or Parliamentary Secretary to be President of Vice-President.
-
No business (other than the election of a President)
shall be transacted in the Senate at any time when the office of the President
is vacant.
-
A person shall vacate the office of President or
Vice-President-
-
if he ceases to be a Senator, except that the President
shall not vacate his office by reason only that he has ceased to be a Senator
on a dissolution of Parliament until the Senate first meets after that
dissolution; or
-
if he is appointed to be a Minister or Parliamentary
Secretary or;
-
in the case of the Vice-President, if he is elected
to be President.
-
If, under section 31(2) of this Constitution, the
person who is President or Vice-President is suspended from the performance
of his functions as a Senator, he shall also cease to perform his functions
as President or Vice-President, as the case may be, and those functions
shall, until he vacates his seat in the Senate or resumes the performance
of his functions as Senator, be performed-
-
in the case of the President, by the Vice-President
or if the office of Vice-President is vacant or the person who is Vice-President
is suspended from the performance of his functions as a Senator under section
31(2) of this Constitution, by such Senator (not being a Minister or a
Parliamentary Secretary) as the Senate may elect for the purpose; and
-
in the case of the Vice-President, by such Senator
(not being a Minister or Parliamentary Secretary) as the Senate may elect
for the purpose.
-
If the President or Vice-President resumes the performance
of his functions as a Senator in accordance with the provisions of section
31(2) of this Constitution, he shall also resume the performance of his
functions as President or Vice-President, as the case may be.
ATTENDANCE OF ATTORNEY-GENERAL AT PROCEEDINGS
OF SENATE.
34.- The President, Vice-President or other
member presiding in the Senate may request the Attorney-General to attend
any proceedings of the Senate if he considers that the business before
the Senate in those proceedings makes the presence of the Attorney-General
desirable; and where he is so requested the Attorney-General may take part
in the proceedings of the Senate solely for the purpose of giving explanations
concerning matters before the Senate in those proceedings and he shall
not vote in the Senate.
ATTENDANCE AT PROCEEDINGS OF SENATE OF MINISTERS
WHO ARE MEMBERS OF THE HOUSE.
35.-
-
The President, Vice-President or other member presiding
in the Senate may request a Minister who is a member of the House to attend
any proceedings of the Senate if he considers that the business before
the Senate in those proceedings falls within the portfolio of the Minister
concerned and if he considers the presence of such Minister desirable.
-
A Minister who is so requested to attend any proceedings
of the Senate may take part in the proceedings solely for the purpose of
giving explanations concerning matters falling within his portfolio and
he shall not vote in the Senate.
THE HOUSE OF REPRESENTATIVES
COMPOSITION OF THE HOUSE.
36.-
-
Subject to the provisions of this section, the House
shall consist of a number of elected members equal to the number of constituencies
from time to time established by Order under Part 4 of this Chapter, who
shall be elected in such a manner as may, subject to the provisions of
this Constitution, be prescribed by or under any Act of Parliament.
-
If the person holding the office of Speaker is not
otherwise a member of the House, he shall be a member of the House by virtue
of holding that office.
-
If the person holding or acting in the office of
Attorney-General is not otherwise a member of the House he shall be a member
of the House by virtue of holding or acting in that office but shall not
vote in the House.
ATTENDANCE AT PROCEEDINGS OF THE HOUSE OF MINISTERS
WHO ARE SENATORS.
37.-
-
The Speaker, Deputy Speaker or other member presiding
in the House may request a Minister who is a Senator to attend any proceedings
of the House if he considers that the business before the House in those
proceedings falls within the portfolio of the Minister concerned and if
he considers the presence of such Minister desirable.
-
A Minister who is so requested to attend any proceeding
of the House may take part in the proceedings solely for the purpose of
giving explanations concerning matters falling within his portfolio and
he shall not vote in the House.
QUALIFICATIONS FOR ELECTION AS A MEMBER OF THE
HOUSE.
38.- Subject to the provisions of section
39 of this Constitution, any person who at the date of his election-
-
is a citizen of the age of twenty-one years or upwards;
-
has resided in Antigua and Barbuda for a period of
twelve months immediately preceding the date of his election; and
-
is able to speak and, unless incapacitated by blindness
or other physical cause, to read the English language with sufficient proficiency
to enable him to take an active part in the proceedings of the House.
- shall be qualified to be elected as a member of
the House.
DISQUALIFICATION'S FROM ELECTION AS A MEMBER
OF THE HOUSE.
39.-
-
No person shall be qualified to be elected as a member
of the House who-
-
is, by virtue of his own act, under any acknowledgement
of allegiance, obedience or adherence to a foreign power or state;
-
is a Senator or temporary member of the Senate;
-
is an undischarged bankrupt, having been declared
bankrupt under any law;
-
is a person certified to be insane or otherwise adjudged
to be of unsound mind under any law;
-
is under sentence of death imposed on him by a court
or has been sentenced to imprisonment (by whatever name called) for a term
of or exceeding twelve months and has not either suffered the punishment
to which he was sentenced or such other punishment as may by competent
authority have been substituted therefor, or received a free pardon;
-
is disqualified for appointment to the House by or
under any law by reason of his connection with any offence relating to
elections;
-
holds or is acting in any public office or in the
office of judge of the Supreme Court or Ombudsman or is a member of the
Constituencies Boundaries Commission, the Judicial and Legal Services Commission,
the Public Service Commission or the Police Service Commission;
-
has, within the period of ten years immediately preceding
the proposed date of his election as a member of the House, been convicted
on indictment by a court of competent jurisdiction of theft, fraud, or
other such crime involving dishonesty and who-
-
has not appealed against that conviction, or
-
has appealed against that conviction and whose appeal
has not been allowed; and
-
has not received a free pardon in respect of the
offence; or
-
is a minister of religion.
-
Without prejudice to the provisions of subsection
(1) (g) of this section, Parliament may provide that a person shall not
be qualified for election as a member of the House in any of the following
cases-
-
if he holds or is acting in any office that is specified
by Parliament and the functions of which involve responsibility for, or
in connection with, the conduct of an election or the compilation or revision
of any register of electors for the purposes of an election;
-
subject to any exceptions and limitations prescribed
by Parliament, if-
-
he holds or is acting in any office or appointment
prescribed by Parliament either individually or by reference to a class
of office or appointment; or
-
he belongs to any armed force of Antigua and Barbuda
or to any class of person that is comprised in any such force.
-
For the purpose of subsection (1) (e) of this section.
-
two or more sentences of imprisonment that are required
to be served consecutively shall be regarded as separate sentences if none
of those sentences exceeds twelve months but if any of such sentences exceeds
that term they shall be regarded as one sentence; and
-
no account shall be taken of a sentence of imprisonment
imposed as an alternative to or in default of the payment of a fine.
ELECTION OF MEMBERS OF THE HOUSE.
40.-
-
Each of the constituencies established in accordance
with the provisions of section 62 of this Constitution shall return one
member to the House who shall be directly elected in such manner as may,
subject to the provisions of this Constitution, be prescribed by or under
any law.
-
Every Commonwealth citizen of the age of eighteen
years or upwards who possesses such qualifications relating to residence
or domicile in Antigua and Barbuda as parliament may prescribe shall, unless
he is disqualified by any law from registration as a voter for the purpose
of electing a member of the House, be entitled to be registered as such
a voter in accordance with the provisions of any law in that behalf and
no other person may be registered.
-
Every person who is registered as a voter in pursuance
of subsection (2) of this section in any constituency shall, unless he
is disqualified by any law from voting in that constituency in any election
of members of the House, be entitled so to vote in accordance with the
provisions of any law in that behalf.
-
In any election of members of the House the votes
shall be exercised freely and shall be given by secret ballot in such manner
as parliament may prescribe.
TENURE OF SEATS OF MEMBERS OF THE HOUSE.
41.-
-
Every member of the House shall vacate his, seat
in the House-
-
at the next dissolution of Parliament after he has
been elected;
-
if he ceases to be a citizen;
-
if he is absent from the sittings of the House for
such period or periods and in such circumstances as may be prescribed in
the rules of procedure of the House;
-
subject to the provisions of subsection (2) of this
section, if any circumstances arise that, if he were not a member of the
House, would cause him to be disqualified from election as such by virtue
of section 39(1) of this Constitution; or
-
if, having been elected to the House by virtue of
being a member of a political party, he resigns his party whip and withdraws
his allegiance from that party:
Provided that he shall not be required to vacate
his seat so long as he remains an independent member of the House.
-
If circumstances such as are referred to in subsection
(1) (d) of this section arise because a member of the House is convicted
of a felony or of any other offence involving dishonesty, sentenced to
death or imprisonment, adjudged to be of unsound mind, or declared bankrupt,
or is convicted of any offence relating to elections in circumstances that
disqualify him for election to the House, and if it is open to the member
to appeal against the decision (either with the leave of a court or other
authority or without such leave), he shall forthwith cease to perform his
functions as a member of the House but, subject to the provision of this
section, he shall not vacate his seat until the expiration of a period
of thirty days thereafter:
Provided that the Speaker may, at the
request of the member from time to time, extend that period for further
periods of thirty days to enable the member to pursue an appeal against
the decision, so, however, that extensions of time exceeding in the aggregate
one hundred and fifty days shall not be given without the approval, signified
by resolution, of the House.
-
If on the determination of any appeal, such circumstances
continue to exist and no further appeal is open to the member, or if, by
reason of the expiration of any period for entering an appeal or notice
thereof or the refusal to leave to appeal or for any other reason, it ceases
to be open to the member to appeal, he shall forthwith vacate his seat.
-
If at any time before the member of the House vacates
his seat such circumstances as aforesaid cease to exist, his seat shall
not become vacant on the expiration of the period referred to in paragraph
(a) of this subsection and he may resume the performance of his functions
as a member of the House.
-
Where an elected member of the House vacates his
seat in the House pursuant to the provisions of paragraph (b) to (e) of
subsection (1) of this section or of subsection (2) of this section or
where the seat of an elected member of the House is vacant for any other
reason except a dissolution of Parliament, there shall be a by-election
to fill the seat in the House vacated by that member and the by-election
shall be held no later than one hundred and twenty days after the day on
which the seat of the member of the House became vacant unless Parliament
is sooner dissolved.
SPEAKER AND DEPUTY SPEAKER.
42.-
-
When the House first meets after any general election
and before it proceeds to the despatch of any other business, it shall
elect a person to be the Speaker; and if the office of Speaker falls vacant
at any time before the next dissolution of Parliament the House shall,
as soon as practicable, elect another person to that office.
-
The Speaker may be elected either from among the
members of the House or from among persons who are not members of the House
but are qualified to be elected as such.
-
When the House first meets after any general election,
and before it proceeds to any other business except the election of the
Speaker, it shall elect a member of the House to be Deputy Speaker, and
if the office of Deputy Speaker falls vacant at any time before the next
dissolution of Parliament the House shall, as soon as practicable, elect
another such member to that office.
-
The House shall not elect a member who is a Minister
or Parliamentary Secretary to be a Speaker or Deputy Speaker of the House.
-
No business (other than the election of a Speaker)
shall be transacted in the House at any time when the office of Speaker
is vacant.
-
A person shall vacate the office of Speaker-
-
in the case of a Speaker elected from among persons
who are not members of the House-
-
when the House first meets after any dissolution
of Parliament; or
-
if he ceases to be a citizen;
-
if any circumstances arise that would cause him to
be disqualified for election as a member of the House by virtue of any
of the provisions of section 39 of this Constitution; or
-
in the case of a Speaker elected from among the members
of the House-
-
if he ceases to be a member of the House except that
the Speaker shall not vacate his office by reason only that he has ceased
to be a member of the House on a dissolution of Parliament until the House
first meets after the dissolution; or
-
if he is appointed to be a Minister or Parliamentary
Secretary.
-
A person shall vacate the office of Deputy Speaker-
-
if he ceases to be a member of the House;
-
if he is appointed to be a Minister or a Parliamentary
Secretary; or
-
if he is elected to be Speaker.
-
If, by virtue of section 41(2) of this Constitution,
the Speaker or Deputy Speaker is required to cease to perform his functions
as a member of the House, he shall also cease to perform his functions
as Speaker or Deputy Speaker, as the case may be, and those functions shall,
until he vacates his seat in the House or resumes the performance of the
functions of his office, be performed-
-
in the case of the Speaker, by the Deputy Speaker
or, if the office of Deputy Speaker is vacant or the Deputy Speaker is
required to cease to perform his functions as a member of the House by
virtue of section 41(2) of this Constitution, by such member of the House
(not being a Minister or Parliamentary Secretary) as the House may elect
for the purpose; or
-
in the case of the Deputy Speaker, by such member
of the House (not being a Minister or Parliamentary Secretary) as the House
may elect for the purpose.
-
If the Speaker or Deputy Speaker resumes the performance
of his functions as a member of the House in accordance with the provisions
of section 41(2) of this Constitution, he shall also resume the performance
of his functions as Speaker or Deputy Speaker, as the case may be.
CLERKS TO HOUSES OF PARLIAMENT AND THEIR STAFFS.
43.-
-
There shall be a Clerk to the Senate and a Clerk
to the House but the two offices may be held by the same person.
-
Subject to the provisions of any law enacted by Parliament,
the office of Clerk of each House of Parliament and the offices of the
members of their staff shall be public offices.
DETERMINATION OF QUESTIONS OF MEMBERSHIP.
44.-
-
The High Court shall have jurisdiction to hear and
determine any question whether-
-
any person has been validly elected as a member of
the House;
-
any person has been validly appointed as a Senator
or as a temporary member of the Senate;
-
any person who has been elected as Speaker from among
persons who were not members of the House was qualified to be so elected
or has vacated the office of Speaker; or
-
any member of the House has vacated his seat or is
required under the provisions of section 41(2) of this Constitution to
cease to perform any of his functions as a member of the House.
-
Any application to the High Court for the determination
of any question under subsection (1) (a) of this section may be made by
any person entitled to vote in the election to which the application relates
or by any person who was a candidate at that election or by the Attorney-General.
-
An application to the High Court for the determination
of any question under subsection (1) (b) or subsection (1) (c) of this
section may be made by any member of the House or by the Attorney-General.
-
An application to the High Court for the determination
of any question under subsection (1) (d) of this section may be made-
-
by any member of the House or by the Attorney-General;
or
-
in the case of the seat of a member of the House;
by any person registered in some constituency as a voter for the purpose
of electing members of the House.
-
If any application is made by a person other than
the Attorney-General to the High Court for the determination of any question
under this section, the Attorney-General may intervene and may then appear
or be represented in the proceedings.
-
An appeal shall lie as of right to the Court of Appeal
from any final decision of the High Court determining such a question as
is referred to in subsection (1) of this section.
-
The circumstances and manner in which and the imposition
of conditions upon which any application may be made to the High Court
for the determination of any question under this section and the powers,
practice and procedure of the High Court and the Court of Appeal in relation
to any such application shall be regulated by such provision as may be
made by Parliament.
-
No appeal shall lie from any decision of the Court
of Appeal in exercise of the jurisdiction conferred by subsection (6) of
this section and no appeal shall lie from any decision of the High Court
in proceedings under this section other than a final decision determining
such a question as is referred to in subsection (1) of this section.
-
In the exercise of his functions under this section
the Attorney-General shall not be subject to the direction or control of
any other person or authority.
UNQUALIFIED PERSONS SITTING OR VOTING.
45.-
-
Any person who sits or votes in either House of Parliament
knowing or having reasonable grounds for knowing that he is not entitled
to do so shall be guilty of an offence and liable to a fine not exceeding
five hundred dollars, or such other sum as may be prescribed by Parliament,
for each day on which he or she sits or votes in that House.
-
Any prosecution for an offence under this section
shall be instituted in the High Court and shall not be so instituted except
by the Director of Public Prosecutions.
PART 2
POWERS AND PROCEDURE OF PARLIAMENT
POWER TO MAKE LAWS.
46.- Subject to the provisions of this
Constitution, Parliament may make laws for the peace, order and good government
of Antigua and Barbuda.
ALTERNATION OF THIS CONSTITUTION AND SUPREME
COURT ORDER.
47.-
-
Parliament may alter any of the provisions of this
Constitution or of the Supreme Court Order in the manner specified in the
following provisions of this section.
-
A bill to alter this constitution or the Supreme
Court Order shall not be regarded as being passed by the House unless on
its final reading in the House the bill is supported by the votes of not
less than two-thirds of all the members of the House.
-
An amendment made by the Senate to such a bill as
is referred to in subsection (2) of this section that has been passed by
the House shall not be regarded as being agreed to by the House for the
purpose of section 55 of this Constitution unless such agreement is signified
by resolution supported by the votes of not less than two-thirds of all
the members of the House.
-
For the purposes of section 55(4) of this Constitution,
an amendment of a bill to alter this Constitution or the Supreme Court
Order shall not be suggested to the Senate by the House unless a resolution
so to suggest the amendment has been supported by the votes of not less
than two-thirds of all the members of the House.
-
A bill to alter this section, schedule 1 to this
constitution or any of the provisions of this Constitution specified in
Part I of that schedule or any of the provisions of the Supreme Court Order
specified in Part II of that schedule shall not be submitted to the Governor-General
for his assent unless-
-
there has been an interval of not less than ninety
days between the introduction of the bill in the House and the beginning
of the proceedings in the House on the second reading of the bill in that
House;
-
after it has been passed by both Houses of Parliament
or, in the case of a bill to which section 55 of this Constitution applies,
after its rejection by the Senate for the second time; and
-
the bill has been approved on a referendum, held
in accordance with such provisions as may be made in that behalf by Parliament,
by not less than two- thirds of all the votes validly cast on that referendum.
-
Every person who, at the time when the referendum
is held, would be entitled to vote in elections of members of the House
shall be entitled to vote on referendum held for the purposes of this section
in accordance with such procedures as may be prescribed by parliament for
the purposes of the referendum and no other person shall be entitled so
to vote.
-
The conduct of any referendum for the purposes of
subsection (5) of this section shall be under the general supervision of
the Supervisor of Elections and shall be in accordance with such provisions
as may be made in that behalf by Parliament.
-
A bill to alter this Constitution or the Supreme
Court Order shall not be submitted to the Governor-General for his assent
unless it is accompanied by a certificate under the hand of the Speaker
(or, if the Speaker is for any reason unable to exercise the functions
of his office, the Deputy Speaker) that the provisions of subsection (2),
(3) or (4), as the case may be, of this section have been complied with
and, where a referendum has been held, by a certificate of the Supervisor
of Elections stating the results of the referendum.
-
The certificate of the Speaker or, as the case may
be, the Deputy Speaker under this subsection (2), (3) or (4) of this section
have been complied with and shall not be enquired into in any court of
law.
OATH OF ALLEGIANCE BY MEMBERS OF PARLIAMENT.
48.-
-
No member of either House of Parliament shall take
part in the proceedings of that House (other than proceedings necessary
for the purpose of this section) until he has made and subscribed before
that House the oath of allegiance:
Provided that the election of a President
or Vice-President and the election of a Speaker and Deputy Speaker may
take place before the members of the Senate or the House, as the case may
be, have made and subscribed such oath.
-
References in this section to a member of a House
of parliament include references to any person who is a member of the House
by virtue of holding the office of Speaker or by virtue of holding or acting
in the office of Attorney-General.
PRESIDING IN SENATE AND HOUSE.
49.-
-
The President or, in his absence, the Vice-President
or, if they are both absent, a Senator (not being a Minister or a Parliamentary
Secretary) elected by the Senate for that sitting shall preside at any
sitting of the Senate:
Provided that the President or Vice-President,
as the case may be, shall not preside when a motion for his removal from
office is before the Senate.
-
The Speaker, or in his absence, the Deputy Speaker,
or if they are both absent, a member of the House (not being a Minister
or Parliamentary Secretary) elected by the House for that sitting shall
preside at any sitting of the House:
Provided that the speaker or Deputy Speaker,
as the case may be, shall not preside when a motion for his removal from
office is before the House.
QUORUM.
50.-
-
If at any sitting o either House of Parliament any
member of that House who is present draws the attention of the person presiding
at the sitting to the absence of a quorum and, after such interval as may
be prescribed in the rules of procedure of that House, the person presiding
at the sitting ascertains that a quorum of that House is still not present,
that House shall be adjourned.
-
For the purpose of this section a quorum of the Senate
shall consist of six members, and a quorum of the House shall consist of
six members or such grater number in each case as may be prescribed by
Parliament and in neither case shall the person presiding at the sitting
be included in reckoning whether there is a quorum present.
VOTING.
51.-
-
Save as otherwise provided in this Constitution,
any question proposed for decision in a House of Parliament shall be determined
by a majority of the votes of the members present and voting.
-
The President or other member presiding in the Senate
and the Speaker or other member presiding in the House shall not vote unless
on any question the votes are equally divided, in which case, except as
otherwise provided in this section, he shall have and exercise a casting
vote:
Provided that in he case of the question of
the final reading of a bill as a referred to in section 47(2) of this Constitution
a Speaker or other member presiding in the House who is an elected member
of the House shall have an original vote but no casting vote.
-
A Speaker who is not an elected member of the House
shall have neither an original nor a casting vote and if, upon any question
before the House when such a Speaker is presiding, the votes of the members
are equally divided, the motion shall be lost.
MODE OF EXERCISING LEGISLATIVE POWER.
52.-
-
The power of Parliament to make laws shall be exercised
by bills passed by the Senate and the House (or in the cases mentioned
in sections 54 and 55 of this Constitution by the House) and assented to
by the Governor-General on behalf of Her Majesty.
-
When a bill is presented to the Governor-General
for assent in accordance with this Constitution, he shall signify that
he assents thereto.
-
When the Governor-General assents to a bill that
has been submitted to him in accordance with the provisions of this Constitution
the bill shall become law and the Clerk of the House shall thereupon cause
it to be published in the Official Gazette as law.
-
No law made by Parliament shall come into operation
until it has been published in the Official Gazette but Parliament may
postpone the coming into operation of any such law.
RESTRICTIONS WITH REGARD TO CERTAIN FINANCIAL
MEASURES.
53.-
-
A bill other than a money bill may be introduce in
either House of Parliament; a money bill shall not be introduced in the
Senate.
-
Except on the proposal of a Minister authorised so
to do by the Cabinet, neither House shall-
-
proceed upon any bill (including any amendment to
a bill) that, in the opinion of the person presiding, makes provision for
any of the following purposes:-
-
for the imposition of taxation or the alteration
of taxation otherwise than by reduction;
-
for the imposition of any charge upon the Consolidated
Fund or any other public fund of Antigua and Barbuda or the alteration
of any such charge otherwise than by reduction:
-
for the payment, issue or withdrawal from the Consolidated
Fund or any other public fund of Antigua and Barbuda of any monies not
charged thereon or any increase in the amount of such payment, issue or
withdrawal; or
-
for the composition or remission of any debt due
to the Crown; or
-
proceed upon any motion (including any amendment
to a motion) the effect of which, in the opinion of the person presiding,
would be to make provision for any of those purposes.
RESTRICTIONS ON POWERS OF SENATE AS TO MONEY BILLS.
54.-
-
If a money bill, having been passed by the House
and sent to the Senate at least one month before the end of the session,
is not passed by the Senate without amendment within one month after it
is sent to the Senate, the bill shall, unless the House otherwise resolves,
be presented to the Governor-General for assent notwithstanding that the
Senate has not consented to the bill.
-
There shall be endorsed on every money bill when
it is sent to the Senate the certificate of the Speaker signed by him that
it is a money bill; and there shall be endorsed on any money bill that
is presented to the Governor-General for assent in pursuance of subsection
(1) of this section, the certificate of the Speaker signed by him that
it is a money bill and that the provisions of that subsection have been
complied with.
RESTRICTIONS ON POWERS OF SENATE AS TO BILLS OTHER
THAT MONEY BILLS.
55.-
-
This section applies to any bill other than a money
bill that is passed by the House in two successive sessions (whether or
not Parliament is dissolved between those sessions) and, having been sent
to the Senate in each of those sessions at least one month before the end
of the session, is rejected by the Senate in each of those sessions.
-
A bill to which this section applies shall, on its
rejection for the second time by the Senate, unless the House otherwise
resolves, be submitted to the Governor-General for assent notwithstanding
that the Senate has not consented to the bill:
Provided that-
-
the foregoing provisions of this subsection shall
not have effect unless at least three months have elapsed between the date
on which the bill is passed by the House in the first session and the date
on which it is passed by the House in the second session; and
-
a bill such as is referred to in subsection (5) of
section 47 of this Constitution shall not be submitted to the Governor-General
for his assent unless the provisions of that subsection have been complied
with and the power conferred on the House by this subsection to resolve
that a bill shall not be presented to the Governor-General for assent shall
not be exercised in respect of such a bill.
-
For the purposes of this section a bill that is sent
to the Senate from the House in any session shall be deemed to be the same
bill as a former bill sent to the Senate in the preceding session if, when
it is sent to the Senate, it is identical with the former bill or contains
only such alterations as are certified by the Speaker to be necessary owing
to the time that has elapsed since the date of the former bill or to represent
any amendments which have been made by the Senate in the former bill in
the preceding session.
-
The House may, if it thinks fit, on the passage trough
the House of a bill that is deemed to be the same bill as a former bill
sent to the Senate in the preceding session, suggest any amendments without
inserting the amendments in the bill, and any such amendments shall be
considered by the Senate and, if agreed to by the Senate, shall be treated
as amendments made by the Senate and agreed to by the House; but the exercise
of this power by the house shall not affect the operation of this section
in the event of the rejection of the bill in the Senate.
-
There shall be inserted in any bill that is submitted
to the Governor-General for assent in pursuance of this section any amendments
that are certified by the Speaker to have been made in the bill by the
Senate in the second session and agreed to by the House.
-
There shall be endorsed on any bill that is presented
to the Governor-General for assent in pursuance of this section the certificate
of the Speaker signed by him that the provisions of this section have been
complied with.
PROVISIONS RELATING TO SECTIONS 53, 54 AND 55.
56.-
-
In sections 53, 54 and 55 of this Constitution, "money
bill" means a public bill which, in the opinion of the speaker, contains
only provisions dealing with all or any of the following matters, namely,
the imposition, repeal, remission, alteration or regulation of taxation;
the imposition for the payment of debt or other financial purposes, of
charges on public money, or the variation or repeal of any such charges;
the grant of money to the Crown or to any authority or person, or the variation
or revocation of any such grant; the appropriation, receipt, custody, investment,
issue or audit of accounts of public money; the raising or guarantee of
any loan or the repayment thereof, or the establishment, alteration, administration
or abolition of any sinking fund provided in connection with any such loan;
or subordinate matters incidental to any of the matters aforesaid; and
in this subsection the expressions "taxation", "debt", "public money" and
"loan" do not include any taxation imposed, debt incurred or money provided
or loan raised by any local authority or body for local purposes.
-
For the purposes of section 52 of this Constitution,
a bill shall be deemed to be rejected by the Senate if-
-
it is not passed by the Senate without amendment;
or
-
it is passed by the Senate with any amendment that
is not agreed to by the House.
-
Whenever the office of Speaker is vacant or the Speaker
is for any reason unable to perform any function conferred on him by section
54 or 55 of this Constitution or subsection (1) of this section, that function
may be performed by the Deputy Speaker.
-
Any certificate of the Speaker or Deputy Speaker
given under section 54 or 55 of this Constitution shall be conclusive for
all purposes and shall not be questioned in any court of law.
REGULATION OF PROCEDURE OF HOUSES OF PARLIAMENT.
57.-
-
Subject to the provisions of this Constitution, each
House of Parliament may regulate its own procedure and may in particular
make rules for the orderly conduct of its own proceedings.
-
Each House of Parliament may act notwithstanding
any vacancy in its membership (including any vacancy not filled when the
House first meets after any general election) and the presence or participation
of any person not entitled to be present at or to participate in the proceedings
of the House shall not invalidate those proceedings.
FREEDOM OF SPEECH IN PROCEEDINGS OF PARLIAMENT.
58.-
-
Without prejudice to any provision made by Parliament
relating to the powers, privileges and immunities of Parliament and its
committees, or the privileges and immunities of the members and officers
of either House of Parliament and of other persons concerned in the business
of Parliament or its committees, no civil or criminal proceedings may be
instituted against any member of either House of Parliament for words spoken
before, or written in a report to, the House of Parliament of which he
is a member or a committee thereof or any joint committee of the Senate
and the House or by reason of any matter or thing brought by him therein
by petition, bill, resolution, motion or otherwise.
-
References in this section to a member of a House
of Parliament include references to any person who is a member of the House
by virtue of holding the office of Speaker or by virtue of holding or acting
in the office of Attorney-General.
-
Where the Attorney-General or a Minister takes part
in the proceedings of the Senate in accordance with a request made under
section 34 or, as the case may be, under section 35 of this Constitution,
and gives explanations in the Senate pursuant to those sections, the provisions
of subsection (1) of this section shall apply in relation to the Attorney-General
or, as the case may be, to that Minister as they apply in relation to a
member of the Senate.
-
Where a Minister takes part in the proceedings of
the House in accordance with a request under section 37 of this Constitution
and gives explanations in the House pursuant to that section, the provisions
of subsection (1) of this section shall apply in relation to that Minister
as they apply in relation to a member of the House.
PART 3
SUMMONING, PROROGATION AND DISSOLUTION OF
PARLIAMENT
SESSIONS OF PARLIAMENT.
59.-
-
Each session of Parliament shall be held at such
place within Antigua and Barbuda and shall begin at such time (not being
later than six months from the end of the preceding session if Parliament
has been prorogued or four months from the end of that session if Parliament
has been dissolved) as the Governor-General shall by Proclamation appoint.
-
Subject to the provisions of subsection (1) of this
section, not more than three months shall elapse between sittings of Parliament
during any session of Parliament and, subject thereto, the sittings of
Parliament shall be held at such time and place as Parliament may, by its
rules of procedure or otherwise, determine.
PROROGATION AND DISSOLUTION OF PARLIAMENT.
60.-
-
Subject to the provisions of subsection (5) of this
section, the Governor-General, acting in accordance with the advice of
the Prime Minister, may at any time prorogue or dissolve Parliament.
-
Subject to the provisions of subsection (3) of this
section, Parliament, unless sooner dissolved, shall continue for five years
from the date of its first sitting after any dissolution, and shall then
stand dissolved.
-
At any time when Her Majesty is at war, Parliament
may extend the period of five years specified in subsection (2) of this
section for not more than twelve months at a time so, however, that the
life of Parliament shall not be extended under this subsection for more
than five years.
-
Where between a dissolution of Parliament and the
next ensuing general election of members to the House, an emergency arises
of such a nature that in the opinion of the Prime Minister, it is necessary
for the two Houses to be summoned before the general election can be held,
the Governor-General, acting in accordance with the advice of the Prime
Minister, may summon the two Houses of the preceding Parliament but the
election of members of the House shall proceed and the Parliament that
has been summoned shall, if not sooner dissolved, again stand dissolved
on the day on which the general election is held.
-
The Governor-General in his discretion may dissolve
Parliament if the majority of all the members of all the members of the
House pass a resolution that they have no confidence in the Government
and the Prime Minister does not within seven days of the passing of that
resolution either resign from his office or advise a dissolution of Parliament.
GENERAL ELECTIONS AND APPOINTMENT OF SENATORS.
61.-
-
A general election of members of the House shall
be held at such time within three months after every dissolution of Parliament
as the Governor-General, acting in accordance with the advice of the Prime
Minister, shall appoint.
-
As soon as practicable after every general election
the Governor-General shall proceed under section 28 of this constitution
to the appointment of Senators.
PART 4
DELIMITATION'S OF CONSTITUENCIES
CONSTITUENCIES.
62.-
-
For the purpose of the election of members of the
House, Antigua and Barbuda shall be divided into such number of constituencies,
at least one of which shall be within Barbuda, having such boundaries as
may be provided for by an Order made by the Governor-General in accordance
with the provisions of section 65 of this Constitution.
-
Each constituency shall return one member to the
House.
CONSTITUENCIES BOUNDARIES COMMISSION.
63.-
-
There shall be a Constituencies Boundaries Commission
for Antigua and Barbuda which shall be appointed from time to time to review
the number, and the boundaries, of the constituencies and report thereon
to the Speaker in accordance with the provisions of this Part and which
shall consist of-
-
a chairman who shall be appointed by the Governor-General
acting in accordance with the advice of the Prime Minister given after
the Prime Minister has consulted with the Leader of the Opposition;
-
two members appointed by the Governor-General acting
in accordance with the advice of the Prime Minister; and
-
one member appointed by the Governor-General acting
in accordance with the advice of the Leader of the Opposition.
-
A person shall not be qualified to be appointed as
a member of a Constituencies Boundaries Commission if he is a Senator,
a member of the House or a public officer.
-
Subject to the provisions of this section, a member
of a Constituencies Boundaries Commission shall vacate his office if any
circumstances arise that, if he were not a member of a Constituencies Boundaries
Commission, would cause him to be disqualified for appointment as such.
-
All members of a Constituencies Boundaries Commission
shall vacate office and the Commission shall cease to exist-
-
twelve months after the date when the report of the
Commission is submitted to the Speaker under section 64 of this Constitution;
-
on the date when an Order consequent upon the report
of the Commission is made the Governor-General under section 65 of this
Constitution, or
-
at the dissolution of Parliament next after the appointment
of the Commission,
whichever is the earlier.
-
A member of a Constituencies Boundaries Commission
may be removed from office but only for inability to discharge the functions
thereof (whether arising from infirmity of mind or body or any other cause)
or for misbehaviour, and he shall not be so removed except in accordance
with the provisions of this section.
-
A member of a Constituencies Boundaries Commission
shall be removed from office by the Governor-General if the question of
his removal from office has been referred to a tribunal appointed under
subsection (7) of this section and the tribunal has recommended to the
Governor-General that he ought to be removed from office for inability
as aforesaid or for misbehaviour.
-
If the Prime Minister or the Leader of the Opposition
represents to the Governor-General that the question of removal of a member
of a Constituencies Boundaries Commission from office for inability as
aforesaid or for misbehaviour ought to be investigated then-
-
the Governor-General shall appoint a tribunal which
shall consist of a chairman and not less than two other members selected
by the Governor-General, acting in accordance with the advice of the Chief
Justice, from among persons who hold or have held office as a judge of
a court having unlimited jurisdiction in civil and criminal matters in
some part of the Commonwealth or a court having jurisdiction in appeals
from any such court; and
-
the tribunal shall enquire into the matter and report
on the facts thereof to the Governor-General and recommend to the Governor-General
whether the member of the Constituencies Boundaries Commission ought to
be removed from office for inability as aforesaid or for misbehaviour.
-
A Constituencies Boundaries Commission may regulate
its own procedure.
-
A Constituencies Boundaries Commission may, with
the consent of the Prime Minister confer powers and impose duties on any
public officer or on any authority of the Government for the purpose of
the discharge of its functions.
-
A Constituencies Boundaries Commission may, subject
to its rules of procedure, act notwithstanding any vacancy in its membership
and its proceedings shall not be invalidated by the presence or participation
of any person not entitled to be present or to participate in those proceedings:
Provided that any decision of the Commission
shall require the concurrence of a majority of all its members.
-
In the exercise of its functions under this Constitution,
a Constituencies Boundaries Commission shall not be subject to the control
or direction of any other person or authority.
REPORT BY COMMISSION.
64.-
-
A Constituencies Boundaries Commission shall on its
appointment forthwith proceed to review the number of constituencies into
which Antigua and Barbuda is divided and the boundaries thereof and shall
submit a report to the Speaker stating whether, and if so what, alterations
the Commission recommends should be made to the number or the boundaries
of those constituencies.
-
A report by a Constituencies Boundaries Commission
shall be submitted to the Speaker under this section not less than two
or more than five years after the date when the last such report was submitted.
-
In reviewing the number, and the boundaries, of the
constituencies and making its report thereon, a Constituencies Boundaries
Commission shall be guided by such general principles as may be prescribed
by Parliament.
PROCEDURE UPON REPORT.
65.-
-
As soon as may be after a Constituencies Boundaries
Commission has submitted a report under section 64 if this Constitution,
the Prime Minister shall lay before the House for its approval the draft
of an Order by the Governor-General for giving effect, whether with or
without modifications, to the recommendations contained in the report,
and that draft Order may make provision for any matters which appear to
the Prime Minister to be incidental to or consequential upon the other
provisions of the draft.
-
Where any draft Order submitted to the House under
this section gives effect to any such recommendations with modifications,
the Prime Minister shall lay before the House together with the draft Order
a statement of the reasons for the modifications.
-
If the motion for the approval of any draft Order
laid before the House under this section is rejected by the House, or is
withdrawn by leave of the House, the Prime Minister shall amend the draft
Order and lay the amended draft before the House.
-
If any draft Order laid before the House under this
section is approved by resolution of the House, the Prime Minister shall
submit it to the Governor-General who shall make an Order in terms of the
draft; and that Order shall come into force upon the next dissolution of
Parliament after it is made.
-
The question of the validity of any Order by the
Governor-General purporting to be made under this section and reciting
that a draft thereof had been approved by resolution of the House shall
not be enquired into in any court of law.
PART 5
THE OMBUDSMAN
ESTABLISHMENT, APPOINTMENT, FUNCTIONS ETC.
OF OMBUDSMAN.
66.-
-
There shall be an officer of Parliament who shall
be known as the Ombudsman who shall not hold any other office of emolument
either in the public service or otherwise nor engage in any occupation
for reward other than the duties of his office.
-
The Ombudsman shall be appointed by resolutions of
each House of Parliament for such term as may be prescribed therein.
-
The Ombudsman shall not enter upon the duties of
his office until he has taken and subscribed before the Speaker the oath
of allegiance and the oath of office.
-
Parliament may make provision for the functions,
powers and duties of the Ombudsman.
-
The Ombudsman may be removed from office only for
inability to exercise the functions of his office (whether arising from
infirmity of body or mind or any other cause) or for misbehaviour and shall
not be so removed except in accordance with the provisions of this section.
-
The Ombudsman shall be removed from office by resolutions
of both Houses of Parliament if the question of his removal from office
has been referred to a tribunal appointed under subsection (7) of this
section and the tribunal has recommended to Parliament that he ought to
be removed from office for inability as aforesaid or for misbehaviour.
-
If by both Houses of Parliament it is resolved that
the question of removing the Ombudsman under this section ought to be investigates,
then-
-
the Speaker shall appoint a tribunal which shall
consist of a chairman and not less than two other members selected by the
Chief Justice from among persons who hold or have held office as a judge
of a court having unlimited jurisdiction in civil and criminal matters
in some part of the Commonwealth or a court having jurisdiction in appeals
from such a court; and
-
the tribunal shall enquire into the matter and report
on the facts thereof to the Speaker and recommend to Parliament through
the Speaker whether the Ombudsman ought to be removed under this section.
-
If the question of removing the Ombudsman has been
referred to a tribunal under this section, both Houses of Parliament may
by resolution suspend the Ombudsman from the functions of his office and
any such suspension may at any time be revoked by resolutions of both Houses
of Parliament, and shall in any case cease to have effect if the tribunal
recommends to Parliament through the Speaker that the Ombudsman should
not be removed.
-
If at any time the Ombudsman is for any reason unable
to exercise the functions of his office, both Houses of Parliament may
by resolutions appoint a person to act as Ombudsman, and any person so
appointed shall, subject to the provisions of subsections (7) and (8) of
this section, continue to act until the Ombudsman has resumed his functions
or until the appointment to act has bee revoked by resolutions of both
Houses of Parliament.
-
The Ombudsman shall, in the exercise of his functions
under this Constitution, not be subject to the direction or control of
any other person or authority.
PART 6
THE SUPERVISOR OF ELECTIONS
APPOINTMENT, FUNCTIONS AND REMOVAL OF SUPERVISOR
OF ELECTIONS.
67.-
-
The Governor-General shall by notice published in
the Gazette appoint a Supervisor of Elections on resolutions to that effect
of both Houses of Parliament specifying the person nominated for appointment.
-
The Supervisor of Elections shall have and exercise
such functions, powers and duties as may be provided by law.
-
The office of the Supervisor of Elections shall be
a public office.
-
Subject to the provisions of subsection (6) of this
section, the Supervisor of Elections shall vacate his office when he attains
such age, or at the expiration of such term, as may be prescribed by Parliament.
-
A person holding the office of Supervisor of Elections
may be removed from office only for inability to exercise the functions
of his office (whether arising from infirmity of body or mind or any other
cause) or for misbehaviour and shall not be so removed except in accordance
with the provisions of this section.
-
The Supervisor of Elections shall be removed from
office by the Governor-General if the question of his removal from office
has been referred to a tribunal appointed under subsection (7) of this
section and the tribunal has recommended to the Governor-General that he
ought to be removed for inability as aforesaid or for misbehaviour.
-
If resolutions of both Houses of Parliament are passed
to the effect that the question of removing the Supervisor of Elections
under this section ought to be investigated then-
-
the Governor-General shall appoint a tribunal which
shall consist of a chairman and not less than two other members, selected
from among persons who hold or have held office as a judge of a court having
unlimited jurisdiction in civil and criminal matters in some part of the
Commonwealth or a court having jurisdiction in appeals from such a court;
and
-
the tribunal shall enquire into the matter and report
on the facts thereof to the Governor-General and recommend to him whether
the Supervisor of Elections ought to be removed under this section.
-
If the question of removing the Supervisor of Elections
has been referred to a tribunal under this section, the Governor-General,
acting in accordance with the advice of the Public Service Commission,
may suspend the Supervisor of Elections from the exercise of the functions
of his office and any such suspension may at any time be revoked by the
Governor-General acting in accordance with such advice as aforesaid, and
shall in any case cease to have effect if the tribunal recommends to the
Governor-General that the Supervisor of Elections should not be removed.
-
If at any time the Supervisor of Elections is for
any reason unable to exercise the functions of his office, the Governor-General
shall by notice published in the Official Gazette appoint a person to act
as Supervisor of Elections on resolutions to that effect of both Houses
of Parliament specifying the person nominated for appointment, and any
person so appointed shall, subject to the provisions of subsections (7)
and (8) of this section, continue to act until the Supervisor of Elections
has resumed his functions or until the appointment to act has been revoked
by the Governor-General on resolutions to that effect by both Houses of
Parliament.
CHAPTER V
EXECUTIVE POWERS
PART 1
GENERAL
EXECUTIVE AUTHORITY.
68.-
-
The executive authority of Antigua and Barbuda is
vested in Her Majesty.
-
Subject to the provisions of this Constitution, the
executive authority of Antigua and Barbuda may be exercised on behalf of
Her Majesty by the Governor-General either directly or through officers
subordinate to him.
-
Nothing in this section shall prevent Parliament
from conferring functions on persons or authorities other than the Governor-General.
MINISTER OF GOVERNMENT.
69.-
-
There shall be a Prime Minister of Antigua and Barbuda
who shall be appointed by the Governor-General.
-
Whenever there is occasion for the appointment of
a Prime Minister, the Governor-General shall appoint as Prime Minister-
-
a member of the House who is the leader in the House
of the political party that commands the support of the majority of members
of the House; or
-
where it appears to him that such party does not
have an undisputed leader in the House or that no party commands the support
of such a majority, the member of the House who in his judgement is most
likely to command the support of the majority of members of the House,
- and is willing to accept the office of Prime Minister.
-
Subject to the provision of section 82 of this Constitution
and subsection (4) of this section there shall be, in addition to the office
of Prime Minister, such other offices of Minister (including Minister of
State) of the Government as may be established by Parliament or, subject
to the provisions of any law enacted by Parliament, by the Governor-General,
acting in accordance with the advice of the Prime Minister.
-
The Ministers other than the Prime Minister shall
be such persons as the Governor-General, acting in accordance with the
advice of the Prime Minister, shall appoint from among the members of the
House and of the Senate.
-
If occasion arises for making appointment to the
office of Prime Minister or any other Minister while Parliament is dissolved,
then, notwithstanding any other provision of this section, a person who
was a member of the House immediately before the dissolution may be appointed
as Prime Minister or any other Minister and a person who was a Senator
immediately before the dissolution may be appointed as any Minister other
than Prime Minister.
-
Appointments under this section shall be made by
instrument under the Public Seal.
THE CABINET.
70.-
-
There shall be a Cabinet for Antigua and Barbuda
which shall have the general direction and control of the Government and
shall be collectively responsible therefor to Parliament.
-
The Cabinets shall consist of the Prime Minister
and such number of other Ministers (of whom one shall be the Attorney-General),
appointed in accordance with the provisions of section 69 of this Constitution
as the Prime Minister may consider appropriate.
ALLOCATION OF PORTFOLIOS.
71.-
-
The Governor-General, acting in accordance with the
advice of the Prime Minister, may, by directions is whiting, assign to
the Prime Minister or any other Minister responsibility for any business
of the Government, including the administration of any department of government.
-
Where a Minister is incapable of performing his functions
by reason of his absence from Antigua and Barbuda or by reason of illness,
the Governor-General, acting in accordance with the advice of the Prime
Minister, may appoint a member of the House or a Senator to act in the
office of such Minister during such absence or illness.
TENURE OF OFFICE OF MINISTERS.
73.-
-
Where the House passes a resolution supported by
the votes of a majority of all the members of the House declaring that
it has no confidence in the Prime Minister and the Prime Minister does
not within seven days of the passing of that resolution either resign from
hid office or advise the Governor-General to dissolve Parliament, the Governor-General
shall revoke the appointment of the Prime Minister.
-
The Prime Minister shall also vacate his office-
-
when after any dissolution of Parliament he is informed
by the Governor-General that the Governor-General is about to reappoint
him as Prime Minister or to appoint another person as Prime Minister; or
-
where for any reason other than a dissolution of
Parliament he ceases to be a member of the House.
-
A Minister other than the Prime Minister shall vacate
his office-
-
when any person is appointed or re-appointed as Prime
Minister;
-
where for any reason other than a dissolution of
Parliament he ceases to be a member of the House of Parliament from among
the members of which he was appointed; or
-
where his appointment is revoked by the Governor-General
acting in accordance with the advice of the Prime Minister.
-
Where at any time the Prime Minister is required
under the provisions of section 41(2) of this Constitution to cease to
perform his functions as a member of the House, he shall cease during such
time to perform any of his functions as Prime Minister.
-
Where at any time a Minister other than the Prime
Minister is required under section 31(2) or section 41 of this Constitution
to cease to perform his functions as a member of the House to which he
belongs, he shall cease during such time to perform any of his functions
as Minister.
PERFORMANCE OF FUNCTIONS OF PRIME MINISTER DURING
ABSENCE, ILLNESS OR SUSPENSION.
74.-
-
Where the Prime Minister is absent from Antigua and
Barbuda or is unable by reason of illness or of the provisions of section
73(4) of this Constitution to perform the functions conferred on him by
this Constitution, the Governor-General may authorise some other member
of the Cabinet to perform those functions (other than the functions conferred
by subsection (2) of this section) and that member may perform those functions
until his authority is revoked by the Governor-General.
-
The powers of the Governor-General under this section
shall be exercised by him in accordance with that advice of the Prime Minister,
save that where the Governor-General considers that it is impracticable
to obtain the advice of the Prime Minister owing to his absence or illness,
or where the Prime Minister is unable to tender the advice by reason of
the provisions of section 73(4) of this Constitution, the Governor-General
may exercise those powers in his discretion.
PARLIAMENTARY SECRETARIES.
75.-
-
The Governor-General, acting in accordance with the
advice of the Prime Minister, may appoint Parliamentary Secretaries from
among members of the House and of the Senate to assist Ministers in the
performance of their duties.
-
Where occasion arises for making an appointment under
this section while Parliament is dissolved, a person who was a Senator
or a member of the House immediately before the dissolution may be appointed
as a Parliamentary Secretary.
-
The office of a Parliamentary Secretary shall become
vacant-
-
where for any reason other than a dissolution of
Parliament he ceases to be a member of the House of Parliament from among
the members of which he was appointed; or
-
upon the appointment or re-appointment of any person
as Prime Minister; or
-
where the Governor-General, acting in accordance
with the advice of the Prime Minister, so directs.
OATHS TO BE TAKEN BY MINISTERS AND PARLIAMENTARY
SECRETARIES.
76.- The Prime Minister, every other Minister
and every Parliamentary Secretary shall, before entering upon the duties
of his office, make and subscribe the oath of allegiance, the oath of office
and the oath of secrecy.
SECRETARY TO THE CABINET.
77.-
-
There shall be a Secretary to the Cabinet whose office
shall be a public office.
-
The Secretary to the Cabinet, who shall have charge
of the Cabinet office, shall be responsible in accordance with such instructions
as may be given him by the Prime Minister, for arranging the business for,
and keeping the minutes of, the Cabinet and for conveying the decisions
of the Cabinet to the appropriate person or authority and shall have such
other functions as the Prime Minister may direct.
-
The Secretary to the Cabinet shall, before entering
upon the duties of his office, make and subscribe the oath of secrecy.
PERMANENT SECRETARIES.
78.-
-
Where any Minister has been assigned responsibility
for any department of government, he shall exercise direction and control
over that department; and, subject to such direction and control, the department
shall be under the supervision of a Permanent Secretary whose office shall
be a public office.
-
For the purposes of this section:-
-
two or more government departments may be placed
under the supervision of one Permanent Secretary; and
-
two or more Permanent Secretaries may supervise any
department of government assigned to a Minister.
LEADER OF THE OPPOSITION.
79.-
-
There shall (except at times when there are no members
of the House who do not support the Government) be a Leader of the Opposition
who shall be appointed by the Governor-General.
-
Whenever there is occasion for the appointment of
a Leader of the Opposition the Governor-General shall appoint the member
of the House who appears to him most likely to command the support of a
majority of the members of the House who do not support the Government;
or, if no member of the House appears to him to command such support, the
member of the House who appears to him to command the support of the largest
single group of members of the House who do not support the Government:
provided that-
-
if there are two or more members of the House who
do not support the Government but none of them commands the support of
the other or others, the Governor-General may, acting in his discretion,
appoint any one of them as Leader of the Opposition, and
-
in the exercise of his discretion the Governor-General
shall be guided by the seniority of each based on his length of service
as a member of the House, by the number of votes cast in favour of each
at the last election of members of the House or by both such seniority
and such number of votes.
-
If the occasion arises to appoint a Leader of the
Opposition during the period between a dissolution of Parliament and the
day on which the ensuing election of members of the House is held, an appointment
may be made as if Parliament had not been dissolved.
-
The office of Leader of the Opposition shall become
vacant-
-
if he ceases to be a member of the House otherwise
than by reason of a dissolution of Parliament;
-
if, when the House first meets after a dissolution
of Parliament, he is not then a member of the House;
-
if, under the provisions of section 41(2) of this
Constitution, he is required to cease to perform his functions as a member
of the House; or
-
if he is removed from office by the Governor-General
under the provisions of subsection (5) of this section.
-
If it appears to the Governor-General that the Leader
of the Opposition is no longer able to command the support of a majority
of the members of the House who do not support the Government or the support
of the largest single group of members of the House who do not support
the Government, he shall remove the Leader of the Opposition from office.
-
The powers of the Governor-General under this section
shall be exercised by him in his discretion.
-
Where the office of Leader of the Opposition is vacant,
whether because there is no member of the House so qualified for appointment
or because the Leader of the Opposition has resigned his office or for
any other reason, any provision in this Constitution requiring consultation
with or the advice of the Leader of the Opposition shall, in so far as
it requires such consultation or advice, be of no effect.
EXERCISE OF GOVERNOR-GENERAL'S FUNCTIONS.
80.-
-
In the exercise of his functions the Governor-General
shall act in accordance with the advice of the Cabinet or a Minister acting
under the general authority of the Cabinet, except in cases where other
provision is made by this Constitution or any other law, and, without prejudice
to the generality of this exception, in case where by this Constitution
or any other law he is required to act-
-
in his discretion;
-
after consultation with any person or authority other
than Cabinet; or
-
in accordance with the advice of the Prime Minister
or any person or authority other than the Cabinet.
-
Nothing in subsection (1) of this section shall apply
to the functions conferred upon the Governor-General by the following provisions
of this Constitution, that is to say, sections 63(6), 67(6), 73(1), 87(8)
and 99(5) (which require the Governor-General to remove the holders of
certain offices from office in certain circumstances).
-
Where in the exercise of his functions the Governor-General
is required to act in accordance with the advice of the Cabinet or a Minister
acting under the general authority of the Cabinet, and it has become impracticable
for the Governor-General to obtain such advice, he may exercise those functions
in his discretion.
-
Where in the exercise of his functions the Governor-General
is required to act in accordance with the advice of, or after consultation
with, the Leader of the Opposition and there is a vacancy in the office
of the Leader of the Opposition or if the Governor-General considers that
it is impracticable to obtain the advice of the Leader of the Opposition,
the Governor-General may exercise those functions in his discretion.
-
Where in the exercise of his functions the Governor-General
is required to act 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.
-
Any reference in this Constitution to the functions
of Governor-General shall be construed as a reference to his powers and
duties in the exercise of the executive authority of Antigua and Barbuda
and to any other powers and duties conferred or imposed on him as Governor-General
by or under this Constitution or any other law.
GOVERNOR-GENERAL TO BE INFORMED CONCERNING GOVERNMENT
MATTERS.
81.- The Prime Minister shall keep the
Governor-General regularly and fully informed concerning the general conduct
of the Government and shall furnish the Governor-General as soon as possible
with such information as the Governor-General, acting in his discretion,
may request from time to time with respect to any particular matter relating
to the Government.
ATTORNEY-GENERAL.
82.-
-
There shall be an Attorney-General of Antigua and
Barbuda who shall be the principal legal adviser to the Government and
who shall be appointed by the Governor-General.
-
No person shall be qualified to hold or to act in
the office of Attorney-General unless he is a citizen entitled to practice
as a barrister in Antigua and Barbuda.
-
If the Attorney-General is an elected member of the
House at the time of his appointment or subsequently becomes such a member,
he shall be a Minister by virtue of holding the office of Attorney-General
and the provisions of subsections (3) to (6) of section 69 of this Constitution
shall apply to the office of Attorney-General.
-
Where the person holding the office of Attorney-General
is a member of the House by virtue of holding that office he may be appointed
by the Governor-General to be a Minister.
-
If an Attorney-General appointed to be a Minister
under the preceding subsection vacates his office as Attorney-General he
shall also vacate his office as a Minister.
-
If the Attorney-General is not a Minister he shall
vacate his office if he ceases to be a citizen or if his appointment is
revoked by the Governor-General.
-
If the office of the Attorney-General is vacant or
the holder of the office is for any reason unable to perform the functions
thereof the Governor-General may appoint a suitably qualified person to
act in the office, but the provisions of subsections (3) and (4) of this
section shall not apply to a person so appointed.
-
An appointment under the preceding subsection shall
cease to have effect when it is revoked by the Governor-General.
EXERCISE OF CERTAIN POWERS OF GOVERNOR-GENERAL
83.- The powers of the Governor-General
under the preceding section shall be exercised by him in accordance with
the advice of the Prime Minister.
POWER OF PARDON.
84.-
-
The Governor-General may, in Her Majesty's name and
on Her Majesty's behalf-
-
grant to any person convicted of any offence against
any law a pardon, either free or subject to lawful conditions;
-
grant to any person a respite, either indefinite
or for a specified period, from the execution of any punishment imposed
on that person for such an offence;
-
substitute a less severe form of punishment for that
imposed by any sentence for such an offence; or
-
remit the whole or any part of any sentence passed
for such an offence or any penalty or forfeiture otherwise due to Her Majesty
on account of such an offence.
-
The powers of the Governor-General under subsection
(1) of this section shall be exercised by him in accordance with the advice
of a Minister designated by him acting in accordance with the advice of
the Prime Minister.
ADVISORY COMMITTEE ON PREROGATIVE OF MERCY.
85.- There shall be an Advisory Committee
on the Prerogative of Mercy which shall consist of-
-
the Minister referred to in subsection 84(2) of this
Constitution who shall be Chairman;
-
the Attorney-General (if he is not the Chairman);
-
the Chief Medical Officer of the Government;
-
not more than four other members appointed by the
Governor-General, after consultation with the Prime Minister and the Leader
of the Opposition.
FUNCTIONS OF ADVISORY COMMITTEE.
86.-
-
Where an offender has been sentenced to death by
any court for an offence against any law, the Minister shall cause a written
report of the case from the trial judge (or the Chief Justice, if a report
from the trial judge cannot be obtained) together with such other information
derived from the record of the case or elsewhere as the Minister may require,
to be taken into consideration at a meeting of the Advisory Committee.
-
The Minister may consult with the Advisory Committee
before tendering any advice to the Governor-General under section 84(2)
of this Constitution in any case not falling within subsection (1) of this
section.
-
The Minister shall not be obliged in any case to
act in accordance with the advice of the Advisory Committee.
-
The Advisory Committee may regulate its own procedure.
-
In this section "the Minister" means the Minister
referred to in section 84(2) of this Constitution.
PART 2
DIRECTOR OF PUBLIC PROSECUTIONS
APPOINTMENT AND REMOVAL OF DIRECTOR OF PUBLIC
PROSECUTIONS.
87.-
-
There shall be a Director of Public Prosecutions
whose office shall be a public office.
-
The Director of Public Prosecutions shall be appointed
by the Governor-General, acting in accordance with the advice of the Judicial
and Legal Services Commission.
-
If the office of Director of Public Prosecutions
is vacant or if the holder of the office is for any reason unable to exercise
the functions of his office, the Governor-General, acting in accordance
with the advice of the Judicial and Legal Services Commission, may appoint
a person to act as Director.
-
A person shall not be qualified to be appointed to
hold or act in the office of Director or Public Prosecutions unless-
-
he is qualified to practice as a barrister in a court
having unlimited jurisdiction in civil and criminal matters in some part
of the Commonwealth; and
-
he has practised for not less than seven years as
a barrister in such court.
-
A person appointed to act in the office of Director
of Public Prosecutions shall, subject to the provisions of subsections
(6) (8) (9) and (10) of this section, cease so to act-
-
when a person is appointed to hold that office and
has assumed the functions thereof or, as the case may be, when the person
in whose place he is acting resumes the functions of that office; or
-
at such earlier time as may be provided in the terms
of his appointment.
-
Subject to the provisions of subsection (8) of this
section, the Director of Public Prosecutions shall vacate his office when
he attains the prescribed age.
-
A person holding the office of Director of Public
Prosecutions may be removed from office only for inability to exercise
the functions of his office (whether arising from infirmity of body or
mind or any other cause) or for misbehaviour and shall not be so removed
except in accordance with the provisions of this section.
-
The Director of Public Prosecutions shall be removed
from office by the Governor-General if the question of his renewal from
office has been referred to a tribunal appointed under subsection (9) of
this section and the tribunal has recommended to the Governor-General that
he ought to be removed for inability as aforesaid or for misbehaviour.
-
If the chairman of the Judicial and Legal Services
Commission represents to the Governor-General that the question of removing
the Director of Public Prosecutions under this section ought to be investigated,
then-
-
the Governor-General shall appoint a tribunal which
shall consist of a chairman and not less than two other members, selected
from among persons who hold or have held office as a judge of a court having
unlimited jurisdiction in civil and criminal matters in some part of the
Commonwealth or a court having jurisdiction in appeals from such a court;
and
-
the tribunal shall enquire into the matter and report
on the facts thereof to the Governor-General and recommend to him whether
the Director of Public Prosecutions ought to be removed under this section.
-
If the question of removing the Director of Public
Prosecutions has been referred to a tribunal under this section, the Governor-General,
acting in accordance with the advice of the Judicial and Legal Services
Commission, may suspend the Director from the exercise of the functions
of his office and any such suspension may at any time be revoked by the
Governor-General acting in accordance with such advice as aforesaid, and
shall in any case cease to have effect if the tribunal recommends to the
Governor-General that the Director should not be removed.
-
The prescribed age for the purposes of subsection
(6) of this section is the age of fifty-five years or such other age as
may be prescribed by Parliament.
POWERS AND FUNCTIONS OF DIRECTOR OF PUBLIC PROSECUTIONS.
88.-
-
The Director of Public Prosecutions shall, subject
to section 89 of this Constitution, have power in any case in which he
considers it proper to do so-
-
to institute and undertake criminal proceedings against
any person before any court (other than a court martial) in respect of
any offence against any law;
-
to take over and continue any such criminal proceedings
that may have been instituted by any other person or authority;
-
to discontinue at any stage before judgement is delivered
any such criminal proceedings instituted or undertaken by himself or any
other person or authority.
-
Subject to section 89 of this Constitution, the powers
conferred on the Director of Public Prosecutions by paragraph (b) and (c)
of subsection (1) of this section shall be vested in him to the exclusion
of any other person or authority:
Provided that, where any other person or authority
has instituted criminal proceedings, nothing in this subsection shall prevent
the withdrawal of those proceedings by or at the instance of that person
or authority and with the leave of the court.
-
For the purposes of this section a reference to criminal
proceedings includes an appeal from the determination of any court in criminal
proceedings or a case stated or a question of law reserved in respect of
those proceedings.
-
The functions of the Director of Public Prosecutions
under subsection (1) of this section may be exercised by him in person
or through other persons acting under and in accordance with his general
or special instructions.
-
Subject to section 89 of this Constitution, in the
exercise of the functions vested in him by subsection (1) of this section
and by section 45 of this Constitution, the Director of Public Prosecutions
shall not be subject to the direction or control of any other person or
authority.
DIRECTIONS TO DIRECTOR OF PUBLIC PROSECUTIONS.
89.-
-
The Attorney-General may, in the case of any offence
to which this section applies, give general or special directions to the
Director of Public Prosecutions as to the exercise of the powers conferred
upon the Director of Public Prosecutions by section 88 of this Constitution
and the Director of Public Prosecutions shall act in accordance with those
directions.
-
This section applies to-
-
offences against any law relating to-
-
official secrets;
-
mutiny or incitement to mutiny; and
-
any offence under any law relating to any right or
obligation of Antigua and Barbuda under international law.
CHAPTER VI
FINANCE
CONSOLIDATED FUND.
90.- Al revenues or other monies raised
or received by Antigua and Barbuda (not being revenues or other monies
that are payable, by or under any law for the time being in force in Antigua
and Barbuda, into some other fund established for a specific purpose) shall
be paid into and form a Consolidated Fund.
WITHDRAWALS FROM CONSOLIDATED FUND OR OTHER
PUBLIC FUNDS.
91.-
-
No monies shall be withdrawn from the Consolidated
Fund except-
-
to meet expenditure that is charged upon the Fund
by this Constitution or by any law enacted by Parliament; or
-
where the issue of those monies has been authorised
by an appropriation law or by a law made in pursuance of section 93 of
this Constitution.
-
Where any monies are charged by this Constitution
or any law enacted by Parliament upon the Consolidated Fund or any other
public fund, they shall be paid out of that fund by the Government to the
person or authority to whom payment is due.
-
No monies shall be withdrawn from any public fund
other than the Consolidated Fund unless the issue of those monies has been
authorised by or under a law enacted by Parliament.
-
There shall be such provision as may be made by Parliament
prescribing the manner in which withdrawals may be made from the Consolidated
Fund or any other public fund.
-
The investment of monies forming part of the Consolidated
Fund shall be made in such a manner as may be prescribed by or under a
law enacted by Parliament.
-
Notwithstanding the provision of subsection (1) of
this section, provision may be made by or under a law enacted by Parliament
authorising withdrawals to be made from the Consolidated Fund, in such
circumstances and to such extent as may be prescribed by or under a law
enacted by Parliament, for the purpose of making repayable advances.
AUTHORISATION OF EXPENDITURE FROM CONSOLIDATED
FUND BY APPROPRIATION LAW.
92.-
-
The Minister for the time being responsible for finance
shall cause to be prepared and laid before the House before, or not later
than ninety days after, the commencement of each financial year, estimates
of the revenues and expenditure of Antigua and Barbuda for that financial
year.
-
When the estimates of expenditure (other than expenditure
charged upon the Consolidated Fund by this Constitution or by any law enacted
by Parliament) have been approved by the House, a bill to be known as an
appropriation bill shall be introduced in the House, providing for the
issue from the Consolidated Fund of the sums necessary to meet that expenditure
and the appropriation of those sums, under separate votes for the several
services required, for the purposes specified therein.
-
If in respect of any financial year it is found-
-
that the amount appropriated by the appropriation
law for any purpose is insufficient or that a need has arisen for expenditure
for a purpose to which no amount has been appropriated by that law; or
-
that any monies have been expended for any purpose
in excess of the amount appropriated for that purpose by the appropriation
law or for a purpose to which no amount has been appropriated by that law.
- a supplementary estimate showing the sums required
or spent shall be laid before the House and, when the supplementary estimate
has been approved by the House, a supplementary appropriation bill shall
be introduced in the House providing for the issue of such sums from the
Consolidated Fund and appropriating then to the purposes specified therein.
AUTHORISATION OF EXPENDITURE IN ADVANCE OF APPROPRIATION.
93.- There shall be such provision as may
be made by Parliament under which, if the appropriation law in respect
of any financial year has not come into operation by the beginning of that
financial year, the Minister for the time being responsible for finance
may authorise the withdrawal of monies from the Consolidated Fund for the
purpose of meeting expenditure necessity to carry on the services of the
Government until the expiration of four months from the beginning of that
financial year or the coming into operation of the law, whichever is the
earlier.
CONTINGENCIES FUND.
94.-
-
There shall be such provisions as may be made by
Parliament for the establishment of a Contingencies Fund, and for authorising
the Minister for the time being responsible for finance, if satisfied that
there has arisen an urgent and unforeseen need for expenditure for which
no other provision exists, to make advances from that Fund to meet that
need.
-
Where any advance is made from the Contingencies
Fund, a supplementary estimate shall as soon as possible be laid before
the House and when the supplementary estimate has been approved by the
House, a supplementary appropriation bill shall be introduced as soon as
possible in the House for the purpose of replacing the amount so advanced.
REMUNERATION OF CERTAIN OFFICERS.
95.-
-
There shall be paid to the holders of the offices
to which this section applies such salaries and such allowances as may
be prescribed by or under any law enacted by Parliament.
-
The salaries and allowances prescribed in pursuance
of this section in respect of the holders of the offices to which this
section applies shall be a charge on the Consolidated Fund.
-
The salary prescribed in pursuance of this section
in respect of the holder of any office to which this section applies and
his other terms of service (other than allowances that are not taken into
account in computing, under any law in that behalf, any pension payable
in respect of his service in that office) shall not be altered to his disadvantage
after his appointment.
-
When a person's salary or other terms of service
depend upon his option, the salary or terms for which he opts shall, for
the purposes of subsection (3) of this section, be deemed to be more advantageous
to him than any other for which he might have opted.
-
This section applies to the offices of the Governor-General,
member of the Public Service Commission, member of the Police Service Commission,
member of the Public Service Board of Appeal, the Director of Public Prosecutions,
the Director of Audit, the Ombudsman and the Supervisor of Elections.
-
Nothing in this section shall be construed as prejudicing
the provisions of section 109 of this Constitution (which protects pensions
rights in respect of service as a public officer).
PUBLIC DEBT.
96.-
-
All debt charges for which Antigua and Barbuda is
liable shall be a charge on the Consolidated Fund.
-
For the purposes of this section debt charges include
interest, sinking fund charges the repayment or amortisation of debt and
all expenditure in connection with the raising of loans on the security
of the Consolidated Fund and the service and redemption of the debt created
thereby.
AUDIT OF PUBLIC ACCOUNTS ETC.
97.-
-
There shall be a Director of Audit whose office shall
be a public office.
-
The Director of Audit shall-
-
satisfy himself that all monies that have been appropriated
by Parliament and disbursed have been applied to the purposes to which
they were so appropriated and that the expenditure conforms to the authority
that governs it; and
-
at least once every year audit and report on the
public accounts of Antigua and Barbuda, the accounts of all officers and
authorities of the Government, the accounts of all courts of law in Antigua
and Barbuda (including any accounts of the Supreme Court maintained in
Antigua and Barbuda), the accounts of every Commission established by this
Constitution and the accounts of the Clerk to the House and the Clerk to
the Senate.
-
The Director of Audit shall have power to carry out
audits of the accounts, balance sheets and other financial statements of
all enterprises that are owned or controlled by or on behalf of Antigua
and Barbuda.
-
The Director of Audit and any other officer authorised
by him shall have access to all books, records, returns, reports and other
documents which in his opinion relate to any of the accounts referred to
in subsections (2) and (3) of this section.
-
The Director of Audit shall submit every report made
by him in pursuance of this section to the Minister for the time being
responsible for finance who shall, after receiving such report, lay it
before the House not later than seven days after the House next meets.
-
If the Minister fails to lay a report before the
House in accordance with the provisions of subsection (5) of this section
the Director of Audit shall transmit copies of that report to the Speaker
who shall, as soon as practicable, present them to the House.
-
The Director of Audit shall exercise such other functions
in relation tot he accounts of the Government, the accounts of other authorities
or bodies established by law for public purposes or the accounts of enterprises
that are owned or controlled by or on behalf of Antigua and Barbuda as
may be prescribed by or under any law enacted by Parliament.
-
In the exercise of his functions under subsection
(2), (3), (4), (5) and (6) of this section, the Director of Audit shall
not be subject to the direction or control of any other person or authority.
PUBLIC ACCOUNTS COMMITTEE.
98.- The House shall, at the commencement
of each session, appoint a Public Accounts Committee from among its members,
one of whom shall be a member for Barbuda in the House, whose duties shall
be to consider the accounts referred to in section 97(2) of this Constitution
in conjunction with the report of the Director of Audit and in particular
to report to the House-
-
in the case of any excess or unauthorised expenditure
of public funds the reasons for such expenditure; and
-
any measures it considers necessary in order to ensure
that public funds are properly spent,
- and any other such duties relating to public accounts
as the House may from time to time direct.
CHAPTER VII
THE PUBLIC SERVICE
PART 1
THE PUBLIC SERVICE COMMISSION
ESTABLISHMENT AND COMPOSITION OF COMMISSION
99.-
-
There shall be a Public Service Commission for Antigua
and Barbuda (hereinafter in this section referred to as the Commission)
which shall consist of a chairman and not less than two nor more than six
other members who shall be appointed by the Governor-General, acting in
accordance with the advice of the Prime Minister:
Provided that the Prime Minister shall consult
the leader of the Opposition before tendering any advice to the Governor-General
for the purposes of this subsection.
-
A person shall not be qualified to be appointed as
a member of the commission if-
-
he is a public officer;
-
he is a member of either House of Parliament;
-
he is below the age of twenty-five years; or
-
he is not resident in Antigua and Barbuda.
-
A member of the Commission shall be appointed to
hold office for a term of two years.
-
Subject to the provisions of this section, the office
of a member of the Commission shall become vacant at the expiration of
the period for which he was appointed or if any circumstances arise that,
if he were not a member of the Commission, would cause him to be disqualified
to be appointed as such under subsection (2) of this section.
-
A member of the Commission may be removed from office
only for inability to exercise the functions of his office (whether arising
from infirmity of body or mind or any other cause) or for misbehaviour
and shall not be so removed except in accordance with the provisions of
this section.
-
A member of the Commission shall be removed from
office by the Governor-General if the question of his removal from office
has been referred to a tribunal appointed under subsection (6) of this
section and the tribunal has recommended to the Governor-General that he
ought to be removed from office for inability as aforesaid or for misbehaviour.
-
If the Prime Minister represents to the Governor-General
that the question of removing a member of the Commission under this section
ought to be investigates then-
-
the Governor-General shall appoint a tribunal which
shall consist of a chairman and not less than two other members, selected
by the Chief Justice from among persons who hold or have held office as
a judge of a court having unlimited jurisdiction in civil and criminal
matters in some part of the Commonwealth or a court having jurisdiction
in appeals from such a court; and
-
the tribunal shall enquire into the matter and report
on the facts thereof to the Governor-General and recommend to him whether
the member ought to be removed under this section.
-
If the question of removing a member of the Commission
has been referred to a tribunal under this section, the Governor-General,
acting in accordance with the advice of the Prime Minister, may suspend
that member from the functions of his office and any such suspension may
at any time be revoked by the Governor-General, acting in accordance with
such advice as aforesaid, and shall in any case cease to have effect if
the tribunal recommends to the Governor-General that the member should
not be removed.
-
If the office of chairman of the Commission is vacant
or if the person holding that office is for any reason unable to exercise
the functions of his office, then, until a person has been appointed to
and has assumed the functions of that office or until the person holding
that office has resumed those functions, as the case may be, they shall
be exercised by such one of the other members of the Commission as may
for the time being be designated in that behalf by the Governor-General,
acting in accordance with the advice of the Prime Minister.
-
If at any time any member of the Commission is for
any reason unable to exercise the function of his office, the Governor-General,
acting in accordance with the advice of the Prime Minister, may appoint
a person who is qualified to be appointed as a member of the Commission
to act as a member, and any person so appointed shall, subject to the provisions
of subsections (6) and (7) of this section, continue to act until the office
in which he is acting has been filled or, as the case may be, until the
holder thereof has resumed his functions or until his appointment to act
has been revoked by the Governor-General, acting in accordance with the
advice of the Prime Minister:
Provided that the Prime Minister shall consult
the Leader of the Opposition before tendering any advice to the Governor-General
for the purposes of this subsection and of subsection (8) of this section.
-
A member of the Commission shall not enter upon the
duties of his office until he has taken and subscribed the oath of allegiance
and the oath of office.
-
The Commission shall, in the exercise of its functions
under this Constitution, not be subject to the direction or control of
any other person or authority.
-
The Commission may, by regulation or otherwise, regulate
its own procedure.
-
The Commission may, with the consent of the Prime
Minister, confer powers or impose duties on any public officer or on any
authority of the Government for the purpose of the exercise of its functions.
-
The Commission may, subject to its rules of procedure,
act notwithstanding any vacancy in its membership or the absence of any
member and its proceedings shall not be invalidated by the presence or
participation of any person not entitled to be present at or to participate
in those proceedings:
Provided that any decision of the Commission
shall require the concurrence of a majority of all its members.
-
The Commission shall make an annual report on its
activities to the Governor-General, who shall cause copies of the report
to be laid before both Houses of Parliament.
APPOINTMENT ETC. OF PUBLIC OFFICERS
100.-
-
Subject to the provisions of this Constitution, the
power to appoint persons to hold or act in offices in the public service
(including the power to make appointments on promotion and transfer and
to confirm appointments), the power to exercise disciplinary control over
persons holding or acting in such offices and the power to remove such
persons from office shall vest in the Public Service Commission.
-
The Public Service Commission may with the approval
of the Prime Minister by directions in writing and subject to such conditions
as it thinks fit, delegate any of its powers under subsection (1) of this
section to any one or more members of the Commission or to any public officer.
-
The provisions of this section shall not apply in
relation to the following offices, that is to say-
-
any office to which section 101 of this Constitution
applies;
-
the office of the Director of Public Prosecutions;
-
the office of the Director of Audit;
-
the office of the Attorney-General;
-
the office of the Supervisor of Elections;
-
any office to which section 103 of this Constitution
applies;
-
any office in the Police Force.
-
No person shall be appointed under this section to,
or to act in, any office of the Governor-General's personal staff except
with the concurrence of the Governor-General acting in his discretion.
-
The Public Service Commission shall not remove or
inflict any punishment on a public officer on the grounds of any act done
or omitted to be done by that officer in the exercise of a judicial function
conferred upon him unless the Judicial and Legal Services Commission concurs
therein.
-
In the performance if its functions the Public Service
Commission shall act in a manner consistent with the general policy of
the Government as conveyed to the Commission by the Prime Minister in writing.
APPOINTMENT ETC. OF PERMANENT SECRETARIES AND
CERTAIN OTHER OFFICERS
101.-
-
This section applies to the offices of Secretary
to the Cabinet, Permanent Secretary, head of a department of government,
deputy head of a department of government, any office of a chief professional
adviser to a department of government and any office for the time being
designated by the Commission, after consultation with the Prime Minister,
as an office the holders of which are required to reside outside Antigua
and Barbuda for the proper discharge of their functions or as an office
in Antigua and Barbuda whose functions relate to external affairs.
-
The power to appoint persons to hold or to act in
offices to which this section applies (including the power to confirm appointments),
and, subject to the provisions of section 107 of this Constitution, the
power to exercise disciplinary control over persons holding or acting in
such offices and power to remove such persons from office shall vest in
the Governor-General, acting in accordance with the advice of the Public
Service Commission:
Provided that-
-
the power to appoint a person to hold or act in an
office of permanent secretary on transfer from another such office carrying
the same salary shall vest in the Governor-General, acting in accordance
with the advice of the Prime Minister;
-
before the Public Service Commission tenders advice
to the Governor-General with respect to the appointment of any person to
hold an office to which this section applies (other that appointment to
an office of permanent secretary on transfer from another such office carrying
the same salary) it shall consult with the Prime Minister and if the Prime
Minister signifies his objection to the appointment of any person to the
office, the Commission shall not advise the Governor-General to appoint
that person;
-
in relation to any office of Ambassador, High Commissioner
or other principal representative of Antigua and Barbuda in any other country
or accredited to any international organisation the Governor-General shall
act in accordance with the advice of the Prime Minister, who shall, before
tendering any such advice in respect of any person who holds any public
office to which appointments are made by the Governor-General on the advice
of or after consultation with some other person or authority, consult that
person or authority.
-
References in this section to a department of government
shall not include the office of the Governor-General, the department of
the Attorney-General, the department of the Director of Public Prosecutions,
the department of the Director of Audit, the department of the Supervisor
of Elections, the department of the Clerk of the Senate or of the House
or the Police Force.
THE DIRECTOR OF AUDIT
102.-
-
The Director of Audit shall be appointed by the Governor-General
acting in accordance with the advice of the Public Service Commission,
tendered after the Commission has consulted the Prime Minister and has
obtained the agreement of the Prime Minister to the appointment of that
person.
-
If the office of Director of Audit is vacant or if
the holder of the office is for any reason unable to exercise the functions
of his office, the Governor-General, acting in accordance with the advice
of the Public Service Commission tendered after the Commission has consulted
the Prime Minister and has obtained the agreement of the Prime Minister
to the appointment , may appoint a person to act as Director of Audit.
-
The provisions of subsections (5) to (11) inclusive
of section 87 of this Constitution (which relates to the appointment and
removal of the Director of Public Prosecutions) shall apply in relation
to the Director of Audit as they apply in relation to the Director of Public
Prosecutions so, however, that in subsection (9) and (10) references to
the Judicial and Legal Services Commission shall be read as references
to the Public Service Commission.
APPOINTMENT ETC. OF MAGISTRATES, REGISTRARS AND
LEGAL OFFICERS
103.-
-
This section applies to the offices of magistrates
and registrars of the High Court and assistant registrars of the High Court
and to any public office in the department of the Attorney-General (other
than the public office of Attorney-General) and the department of the Director
of Public Prosecutions (other than the office of Director) for appointment
to which persons are required to be qualified to practice as a barrister
or solicitor in Antigua and Barbuda and such other offices connected with
the Court as Parliament may prescribe.
-
The power to appoint persons to hold or act in offices
to which this section applies (including the power to confirm appointments)
and, subject to the provisions of this Constitution, the power to exercise
disciplinary control over persons holding or acting in such offices and
the power to remove such persons from office shall vest in the Governor-General
acting in accordance with the advice of the Judicial and Legal Services
Commission.
PART 2
THE POLICE SERVICE COMMISSION
ESTABLISHMENT AND COMPOSITION OF COMMISSION
104.-
-
There shall be a Police Service Commission for Antigua
and Barbuda which shall consist of a Chairman and not less than two nor
more than six other members who shall be appointed by the Governor-General
acting in accordance with the advice of the Prime Minister:
Provided that the Prime Minister shall consult
the Leader of the Opposition before tendering any advice to the Governor-General
for the purposes of this subsection.
-
The provisions of subsections (2) to (15) inclusive
of section 99 of this Constitution shall apply in relation to the Police
Service Commission as they apply in relation to the Public Service Commission.
APPOINTMENT ETC. OF POLICE OFFICERS
105.-
-
Subject to the provision of this section, the power
to appoint persons to hold or act in offices in the Police Force (including
appointments on promotion and transfer and the confirmation of appointments)
and to remove and exercise disciplinary control over persons holding or
acting in such offices shall vest in the Police Service Commission:
Provided that the Commission may, with the
approval of the Prime Minister and subject to such conditions as it may
think fit, delegate any of its powers under this section to any one or
more of its members or to the Commissioner of Police.
-
Before the Police Service Commission, or any person
or authority to whom powers have been delegated under this section, appoints
to an office in the Police force any person who is holding or acting in
an office power to make appointments to which is vested by this Constitution
in the Public Service Commission, the Police Service Commission or that
person or authority shall consult with the Public Service Commission.
-
Before the Police Service Commission makes an appointment
to the office of Commissioner or Deputy Commissioner or a like post however
designated it shall consult the Prime Minister, and a person shall not
be appointed to such an office if the Prime Minister, and a person shall
not be appointed to such an office if the Prime Minister signifies to the
Police Service Commission his objection to the appointment of that person
to the office in question.
-
Before the Police Service Commission makes an appointment
to the office of Superintendent or a like post however designated it shall
consult the Prime Minister.
-
The power to appoint persons to hold or act in offices
in the Police Force below the rank of Sergeant (including the power to
confirm appointments) and, subject to the provisions of section 107 of
this Constitution, the power to exercise disciplinary control over persons
holding or acting in such offices and the power to remove such person from
office shall vest in the Commissioner of Police.
-
The Commissioner of Police may, by directions given
in such manner as he thinks fit and subject to such conditions as he thinks
fit, delegate any of his powers under subsection (5) of this section, other
than the power to remove from office or reduce in rank, to any other member
of the Police Force.
-
A police officer shall not be removed from office
or subjected to any other punishment under this section on the grounds
of any act done or omitted by him in the exercise of any judicial function
conferred on him unless the Judicial and Legal Services Commission concurs
therein.
-
In this section references to the rank of Sergeant
shall, if the ranks within the Police Force are altered (whether in consequence
of the re-organisation or replacement of an existing part of the Force
or the creation of an additional part), be construed as references to such
rank or ranks as may be specified by the Police Service Commission by Order
published in the Official Gazette, being a rank or ranks that in the opinion
of the Commissioner most nearly correspond to the rank of Sergeant as it
existed before the alteration.
PART 3
THE PUBLIC SERVICE BOARD OF APPEAL
CONSTITUTION OF BOARD, ETC.
106.-
-
There shall be a Public Service Board of Appeal for
Antigua and Barbuda (in this Part referred to as the Board) which shall
consist of-
-
a chairman appointed by the Governor-General acting
in his discretion;
-
two members appointed by the Governor-General acting
in accordance with the advice of the Prime Minister who shall, before tendering
that advice to the Governor-General, consult with the Leader of the Opposition;
-
one member appointed by the Governor-General after
consultation with the appropriate bodies representing the public service;
and
-
one member appointed by the Governor-General after
consultation with the appropriate body representing members of the Police
Force.
-
The provisions of subsections (2) to (8) inclusive
of section 99 of this Constitution shall apply in relation to the Board
as they apply in relation to the Public Service Commission except that,
in so applying subsection (8) of that section, the provision whereby the
Governor-General acts in accordance with the advice of the Prime Minister
shall be read as a provision whereby the Governor-General acts in his discretion.
-
If at any time any member of the Board is for any
reason unable to exercise the functions of his office, the Governor-General,
acting in accordance with the advice of the person upon whose advice that
member was appointed or, as the case may be, after consultation with the
body that he had consulted before appointing that member, may appoint a
person who is qualified to be appointed as a member of the Board to act
as a member, and any person so appointed shall continue to act until the
office in which he is acting has been filled or, as the case may be, until
the holder thereof has resumed his functions or until his appointment to
act has been revoked by the Governor-General acting in accordance with
such advice or, as the case may be, after such consultation as above in
this subsection:
Provided that the Prime Minister shall consult
the Leader of the Opposition before tendering any advice to the Governor-General
under this subsection in respect of the appointment of any person to act
for any member of the commission appointed under paragraph (b) of the subsection
(1) of this section.
-
The Board shall, in the exercise of its functions
under this Constitution, not be subject to the direction or control of
any other person or authority.
-
In this section-
"the appropriate bodies representing the public
service" means the Antigua and Barbuda Civil Service Association or such
other body representing the interests of public officers as the Governor-General
may designate;
"the appropriate body representing members of
the Police Force" means the Police Welfare Association or such other body
representing the interests of members of the Police Force as the Governor-General
may designate.
APPEALS IN DISCIPLINARY CASES.
107.-
-
This section applies to-
-
any decision of the Governor-General acting in accordance
with the advice of the Public Service Commission, or any decision of the
Public Service Commission, to remove a public officer from office or to
exercise disciplinary control over a public officer (including a decision
made on appeal from or confirming a decision of any person to whom powers
are delegated under section 100(2) of this Constitution);
-
any decision of any person to whom powers are delegated
under section 100(2) of this Constitution to remove a public officer from
office or to exercise disciplinary control over a public officer (not being
a decision which is subject to appeal to or confirmation by the Public
Service Commission);
-
any decision of the Public Service Commission to
give such concurrence as is required by section 110(1) or (2) of this Constitution
in relation to the refusal, withholding, reduction in amount or suspending
of any pensions benefits in respect of an officer's service as a public
officer;
-
any decision of the Police Service Commission to
remove a member of the Police Force from office or o exercise disciplinary
control over such a member under section 105(1) of this Constitution;
-
if it is so provided by Parliament, any decision
of the Commissioner of Police under subsection (5) of section 105 of this
Constitution, or of a person to whom powers are delegated under subsection
(6) of that section, to remove a police officer from office or to exercise
disciplinary control over a police officer;
-
such decisions with respect to the discipline of
any military, naval or air force of Antigua and Barbuda as may be prescribed
by Parliament.
-
Subject to the provisions of this section an appeal
shall lie to the Board from any decision to which this section applies
at the instance of the public officer, police officer or member of the
naval, military or air force in respect of whom the decision is made:
Provided that in the case of any such decision
as is referred to in subsection (1) (e) if this section, an appeal shall
lie in the first instance to the Police Service Commission if it is so
provided by Parliament, in which case the Commission shall have the like
powers as are conferred on the Board by subsection (1) of section 108 of
this Constitution.
POWERS AND PROCEDURE OF BOARD.
108.-
-
Upon an appeal under section 107 of this Constitution
or any law enacted in pursuance of that section, the Board may affirm or
set aside the decision appealed against or make any other decision which
the authority or person from which the appeal lies could have made.
-
Every decision of the Board shall require the concurrence
of a majority of all the members of the Board entitled to participate in
the proceedings of the Board for the purpose of making that decision.
-
Subject to the provisions of subsection (2) of this
section, the Board may by regulation make provision for-
-
the procedure of the Board;
-
the procedure in appeals under this Part;
-
excepting from that provisions of section 107(1)
of this Constitution decisions in respect of public officers holding offices
whose emoluments do not exceed such sums as may be prescribed by the regulations
or such decisions to exercise disciplinary control, other than decisions
to remove from office, as may be so prescribed.
-
Regulations made under this section may, with the
consent of the Prime Minister, confer powers or impose duties on any public
officer or any authority of the Government for the purpose of the exercise
of the functions of the Board.
-
The Board may, subject to the provisions of this
section and to its rules of procedure, act notwithstanding any vacancy
in its membership or the absence of any member.
PART 4
PENSIONS
PENSIONS LAWS AND PROTECTION OF PENSIONS RIGHTS.
109.-
-
The law to be applied with respect to any pensions
benefits that were granted to any person before 1st November 1981 shall
be the law that was in force at the date on which those benefits were granted
or any law in force at a later date that is not less favourable to that
person.
-
The law to be applied with respect to any pensions
benefits (not being benefits to which subsection (1) of this section applies)
shall-
-
in so far as those benefits are wholly in respect
of a period of service as a judge or officer of the Supreme Court or a
public officer that commenced before 1st November 1981, be the law that
was in force on that date; and
-
in so far as those benefits are wholly or partly
in respect of a period of service as a judge or officer of the Supreme
Court or a public office that commenced after 31st October 1981, be the
law in force on the date on which that period of service commenced, or
any law in force at a later date that is not less favourable to that person.
-
Where a person is entitled to exercise an option
as to which of two or more laws shall apply in his case, the law for which
he opts shall for the purposes of this section, be deemed to be more favourable
to him than the other law or laws.
-
All pensions benefits shall (except to the extent
that they are by law charged upon and duly paid out of some other fund)
be a charge on the Consolidated Fund.
-
In this section "pensions benefits" means any pensions,
compensations, gratuities or other like allowances for persons in respect
of their service as judges or officers of the Supreme Court or public officers
or for the widows, children, dependants or personal representatives of
such persons in respect of such service.
-
References in this section to the law with respect
to pensions benefits include (without prejudice to their generality) references
to the law regulating the circumstances in which such benefits may be granted
or in which the grant of such benefits may be refused, the law regulating
the circumstances in which such benefits that have been granted may be
withheld, reduced in amount or suspended and the law regulating the amount
of any such benefits.
-
In this section references to service as a judge
are references to service as a judge of the Supreme Court and references
to service as a public officer include service in an office established
under section 12 of the Supreme Court Order.
POWER TO WITHHOLD PENSIONS ETC.
110.-
-
Where under any law any person or authority has a
discretion-
-
to decide whether or not any pensions benefits shall
be granted; or
-
to withhold, reduce in amount or suspend any such
benefits that have been granted, those benefits shall be granted and may
not be withheld, reduced in amount or suspended unless the Public Service
Commission concurs in the refusal to grant the benefits or, as the case
may be, in the decision to withhold them, reduce them in amount or suspend
them.
-
Where the amount of any pensions benefits that may
be granted to any person is not fixed by law, the amount of the benefits
to be granted to him shall be the greatest amount for which he is eligible
unless the Public Service Commission concurs in his being granted benefits
of a smaller amount.
-
The Public Service Commission shall not concur under
subsection (1) or subsection (2) of this section in any action taken on
the ground that any person who holds or has held the office of a judge
of the Supreme Court, Director of Public Prosecutions or Director of Audit
or Supervisor of Elections has been guilty of misbehaviour in that office
unless he has been removed from that office by reason of such misbehaviour.
-
Before the Public Service Commission concurs under
subsection (1) or subsection (2) of this section in any action taken on
the ground that any person (who holds or has held any office to which,
at the time of such action, section 103 of this Constitution applies) has
been guilty of misbehaviour in that office, the Public Service Commission
shall consult the Judicial and Legal Services Commission.
-
In this section "pensions benefits" means any pensions,
compensations, gratuities or other like allowances for persons in respect
of their service as judges or officers of the Supreme Court or public officers
or for the widows, children, dependants or personal representatives of
such persons in respect of such service.
-
In this section references to service as a public
officer include service in an office established under section 12 of the
Supreme Court Order.
CHAPTER VIII
CITIZENSHIP
BELONGER STATUS.
111.- On and after 1st November 1981 a
person shall, for the purposes of any law, be regarded as belonging to
Antigua and Barbuda if, and only if, he is a citizen.
PERSONS WHO AUTOMATICALLY BECOME CITIZENS AT
COMMENCEMENT OF THIS CONSTITUTION.
112.- The following persons shall become
citizens on 1st November 1981-
-
every person who, having been born in Antigua, was
on 31st October 1981, a citizen of the United Kingdom and Colonies;
-
every person born outside Antigua if either of his
parents or any one of his grandparents was born therein or was registered
or naturalised while resident in Antigua;
-
every person who on 31st October 1981 was a citizen
of the United Kingdom and Colonies-
-
having become such a citizen under the British Nationality
Act 1948 by virtue of his having been naturalised while resident in Antigua
as a British subject before the Act came into force; or
-
having while resident in Antigua become such a citizen
by virtue of his having been naturalised or registered under that Act;
-
every person who, having been born outside Antigua
was on 31st October 1981 a citizen of the United Kingdom and Colonies and
if his father or mother becomes, or would but for his or her death or the
renunciation of his or her citizenship of the United Kingdom and Colonies
have becomes, a citizen by virtue of paragraph (a), (b) or (c) of this
section;
-
every woman who, having been married to a person
who becomes, or but for his death or the renunciation of his citizenship
of the United Kingdom and Colonies, would have become a citizen by virtue
of paragraph (a), (b), (c) or (d) of this section, was a citizen of the
United Kingdom and Colonies on 31st October 1981;
-
every person who on 31st October 1981 was under the
age of eighteen years and is the child, stepchild, or child adopted in
a manner recognised by law, of such a person as is mentioned in any of
the preceding paragraphs of this section.
PERSONS WHO AUTOMATICALLY BECOME CITIZENS AFTER
COMMENCEMENT OF THIS CONSTITUTION.
113.- The following persons shall become
citizens at the date of their birth on or after 1st November 1981-
-
every person born in Antigua and Barbuda:
Provided that a person shall not become a citizen
by virtue of this paragraph if at the time of his birth-
-
neither of his parents is a citizen and either of
them possess such immunity from suit and legal process as is accorded to
the envoy of a foreign sovereign power accredited to Antigua and Barbuda;
or
-
either of his parents is a citizen of a country with
which Her Majesty is at war and the birth occurs in a place then under
occupation by that country;
-
every person born outside Antigua and Barbuda if
at the date of his birth wither of his parents is or would have been but
for that parent's death, a citizen by virtue of section 112 of this Constitution
or paragraph (a) of this section;
-
every person born outside Antigua and Barbuda if
at the date of his birth either of his parents is, or would have been but
for that parent's death, a citizen employed in service under the Government
or under an authority of the Government that requires him or her to reside
outside Antigua and Barbuda for the proper discharge of his or her functions.
PERSONS ENTITLED TO CITIZENSHIP BY REGISTRATION
AFTER COMMENCEMENT OF THIS CONSTITUTION.
114.-
-
Subject to the provisions of paragraph (e) of section
112 and of section 117 of this Constitution, the following persons shall
be entitled, upon making application, to be registered on or after 1st
November 1981-
-
any person who, on 31st October 1981-
-
was married to a person who becomes a citizen by
virtue of section 112 of this Constitution; or
-
was married to a person who, having died before 1st
November 1981, would have but for his or her death, become a citizen by
virtue of that section:
Provided that such person is not, or
was not at the time of the death of the spouse, living apart from the spouse
under a decree of a competent court or a deed of separation;
-
any person who-
-
was married to a person who is or becomes a citizen;
or
-
was married to a person who was or, but for his or
her death, would have become a citizen:
Provided that no application shall be
allowed from such person before the marriage has subsisted for upwards
of three years and that such person is not, or was not at the time of the
death of the spouse, living apart from the spouse under a decree of a competent
court or a deed of separation;
-
every person being a Commonwealth citizen who on
31st October 1981 was domiciled in Antigua and had been ordinarily resident
therein for a period of not less than seven years preceding that day;
-
any person who being a Commonwealth citizen is domiciled
in Antigua and Barbuda and has for a period of not less than seven years
immediately preceding his application been lawfully ordinarily resident
in Antigua and Barbuda (whether or not that period commenced before 1st
November 1981);
-
any person who, but for having renounced his citizenship
of the United Kingdom and Colonies in order to qualify for the acquisition
or retention of the citizenship of another country, would have become a
citizen on 1st November 1981;
-
any person who, having been a citizen, had to renounce
his citizenship in order to qualify for the acquisition or retention of
the citizenship of another country;
-
any person under the age of eighteen years who is
the child, stepchild or child adopted in a manner recognised by law of
a citizen or is the child, stepchild or child so adopted of a person who
is or would but for his death have been entitled to be registered as a
citizen under this subsection.
-
An application under this section shall be made in
such manner as may be prescribed as respects that application by or under
a law enacted by Parliament and, in the case of a person to whom subsection
(1) (f) of this section applies, it shall be made on his behalf by his
parent or guardian:
provided that if the person to whom subsection
(1) (f) of this section applies is or has bee married, the application
may be made by that person.
DUAL CITIZENSHIP
115.-
-
A person, who on 1st November 1981, is a citizen
or entitled to be registered as such and is also a citizen of some other
country or entitled to be registered as such shall not solely on the ground
that he is or becomes a citizen of that country, be-
-
deprived of his citizenship;
-
refused registration as a citizen; or
-
required to renounce his citizenship of that other
country, by or under any law.
-
A person referred to in subsection (1) of this section
shall not-
-
be refused a passport of Antigua and Barbuda or have
such a passport withdrawn, cancelled, or impounded solely on the ground
that he is in possession of a passport issued by some other country of
which he is a citizen; or
-
be required to surrender or be prohibited from acquiring
a passport issued by some other country of which he is a citizen before
being issued with a passport of Antigua and Barbuda or as a condition of
retaining such a passport.
POWERS OF PARLIAMENT.
116.-
-
Without prejudice to and subject to the provisions
of sections 11, 112, 113, 114 and 115 of this Constitution, Parliament
may, pursuant to the provisions of this section, make provision for the
acquisition of citizenship by registration.
-
An application for registration under this section
may be refused by the Minister responsible for the matter in any case in
which he is satisfied that there are reasonable grounds for refusing the
application in the interests of defence, public safety, public morality
or public order.
-
There shall be such provision as may be made by Parliament-
-
for the acquisition of citizenship of Antigua and
Barbuda by persons who are not eligible or who are no longer eligible to
become citizens under the provisions of this Chapter;
-
for the renunciation by any person of his citizenship;
-
for the certification of citizenship for persons
who had acquired that citizenship and who desire such certification; and
-
for depriving of his citizenship any person who is
a citizen by virtue of registration if such registration as a citizen was
obtained by false representation or fraud or wilful concealment of material
facts or if he is convicted in Antigua and Barbuda of an act of treason
or sedition;
Provided that any law enacted for the purposes of
paragraph (d) of this section shall include provisions under which the
person concerned shall have a right of appeal to a court of competent jurisdiction
or other independent authority and shall be permitted to have legal representation
of his own choice.
OATH OF ALLEGIANCE.
117.- Any person not already owing allegiance
to the Crown who applies for registration under section 114 of this Constitution
shall before such registration, take the oath of allegiance.
INTERPRETATION.
118.-
-
Any reference in this Chapter to the national status
of the father of a person at the time of that person's birth shall, in
relation to a person born after the death of his father, be construed as
a reference to the national status of the father at the time of the father's
death; and where that death occurred before 1st November 1981 the national
status that the father would have had if he had died on that day shall
be deemed to be his national status at the time of his death:
Provided that in the case of a child born
out of wedlock references to the mother shall be substituted for such references
to the father.
-
In this Chapter-
"child" includes a child born out of wedlock
and not legitimated;
"father", in relation to a child born out of wedlock
and not legitimated, includes a person who acknowledges and can show that
he is the father of the child or has been found by a court of competent
jurisdiction to be the father of the child;
"parent" includes the mother of a child born out
of wedlock.
-
For the purposes of this Chapter, a person born aboard
a registered ship or aircraft of the government of any country, shall be
deemed to have been born in the place in which the ship or aircraft was
registered or, as the case may be, in that country.
CHAPTER IX
JUDICIAL PROVISIONS
ORIGINAL JURISDICTION, HIGH COURT CONSTITUTION
QUESTIONS.
119.-
-
Subject to the provisions of sections 25(2), 47(8)(b),
56(4), 65(5), 124(7)(b) and 124 of this Constitution, any person who alleges
that any provision of this Constitution (other than a provision of Chapter
II) has been or is being contravened may, if he has a relevant interest,
apply to the High Court for a declaration and for relief under this section.
-
The High Court shall have jurisdiction on an application
made under this section to determine whether any provision of this Constitution
(other than a provision of Chapter II) has been or is being contravened
and to make a declaration accordingly.
-
Where the High Court makes a declaration under this
section that a provision of this Constitution has been or is being contravened
and the person on whose application the declaration is made has also applied
for relief, the High Court may grand to that person such remedy as it considers
appropriate, being a remedy available generally under any law in proceedings
in the High Court.
-
The Chief Justice may make provision, or authorise
the making of provision, with respect to the practice and procedure of
the High Court in relation to the jurisdiction and powers conferred on
the court by or under this section, including provision with respect to
the time within which any application under this section may be made.
-
A person shall be regarded as having a relevant interest
for the purpose of an application under this section only if the contravention
of this Constitution alleged by him is such as to affect his interests.
-
The rights conferred on a person by this section
to apply for a declaration and relief in respect of an alleged contravention
of this Constitution shall be in addition to any other action in respect
of the same matter that may be available to that person under any other
law or any rule of law.
-
Nothing in this section shall confer jurisdiction
on the High Court to hear or determine any such question as is referred
to in section 44 of this Constitution.
REFERENCE OF CONSTITUTIONAL QUESTIONS TO HIGH
COURT.
120.-
-
Where any question as to the interpretation of this
Constitution arises in any court of law established for Antigua and Barbuda
(other than the Court of Appeal, the High Court or a court-martial) and
the court is of the opinion that the question involves a substantial question
of law, the court may, and shall if any party to the proceedings so requests,
refer the question to the High Court.
-
Where any question is referred to the High Court
in pursuance of this section, the High Court shall give its decision upon
the question and the court in which the question arose shall dispose of
the case in accordance with that decision or, if the decision is the subject
of an appeal to the Court of Appeal or Her Majesty in Council, in accordance
with the decision of the Court of Appeal or, as the case may be, Her Majesty
in Council.
APPEALS TO COURT OF APPEAL.
121.- Subject to the provisions of section
44 of this Constitution, an appeal shall lie from decisions of the High
Court to the Court of Appeal as of right in the following cases-
-
final decisions in any civil or criminal proceedings
on questions as to the interpretation of this Constitution;
-
final decisions given in exercise of the jurisdiction
conferred on the High Court by section 18 of this Constitution (which relates
to the enforcement of the fundamental rights and freedom); and
-
such other cases as may be prescribed by Parliament.
APPEALS TO HER MAJESTY IN COUNCIL.
122.-
-
An appeal shall lie from decisions of the Court of
Appeal to Her Majesty in Council as of right in the following cases-
-
final decisions in any civil proceedings where the
matter in dispute on the appeal to Her Majesty in Council is of the prescribed
value or upwards or where the appeal involves directly or indirectly a
claim to or question respecting property or a right of the prescribed value
or upwards;
-
final decisions in proceedings for dissolution or
nullity of marriage;
-
final decisions in any civil or criminal proceedings
which involve a question as to the interpretation of this Constitution;
and
-
such other cases as may be prescribed by Parliament.
-
Subject to the provision of section 44(8) of this
Constitution, an appeal shall lie from decisions of the Court of Appeal
to Her Majesty in Council with the leave of the Court of Appeal in the
following cases-
-
decisions in any civil proceedings where in the opinion
of the Court of Appeal the question involved in the appeal is one that,
by reason of its great general or public importance or otherwise, ought
to be submitted to Her Majesty in Council; and
-
such other cases as may be prescribed by Parliament.
-
An appeal shall lie to Her Majesty in Council with
the special leave of Her Majesty from any decision of the Court of Appeal
in any civil or criminal matter.
-
Reference in this section to decisions of the Court
of Appeal shall be construed as references to decisions of the Court of
Appeal in exercise of the jurisdiction conferred upon that court by this
Constitution or any other law for the time being in force.
-
In this section the prescribed value means the value
of fifteen hundred dollars or such other value as may be prescribed by
Parliament.
CHAPTER X
MISCELLANEOUS
LOCAL GOVERNMENT.
123.-
-
There shall be a Council for Barbuda which shall
be the principal organ of local government in that island.
-
The Council shall have such membership and functions
as Parliament may prescribe.
-
Parliament may alter any of the provisions of the
Barbuda Local Government Act, 1976, specified in schedule 2 to this Constitution
(which provisions are in this section referred to as "the said provisions")
in the manner specified in the following provisions of this section and
in no other manner whatsoever.
-
A bill to alter any of the said provisions shall
not be regarded as being passed by the House unless after its final reading
in that House the bill is referred to the Barbuda Council by the Clerk,
of the House and the Barbuda Council gives its consent to the bill by resolution
of the Council, notice of which shall forthwith be given by the Council
to the Clerk of the House.
-
An amendment made by the Senate to such a bill as
is referred to in subsection (4) of this section which bill has been passed
by the House and consented to by the Barbuda Council shall not be regarded
as being agreed to by the House for the purpose of section 55 of this Constitution
unless the Barbuda Council signifies to the Clerk of the House the consent
by resolution of the Barbuda Council to that amendment.
-
For the purpose of section 55 (4) of this Constitution,
an amendment of a bill to alter any of the said provisions shall not be
suggested to the Senate by the House unless the Barbuda Council signifies
to the Clerk of the House the consent by resolution of the Barbuda Council
for the House so to suggest the amendment.
-
A bill to alter any of the said provisions shall
not be submitted to the Governor-General for his assent unless it is accompanied
by a certificate under the hand of the Speaker (or, if the Speaker is for
any reason unable to exercise the functions of his office, the Deputy Speaker)
that the provisions of subsection (4), (5) or (6), as the case may be,
of this section have been complied with.
-
The certificate of the Speaker or, as the case may
be, the Deputy Speaker, under this subsection shall be conclusive that
the provisions of subsection (4), (5) or (6), as the case may be, of this
section have been complied with and shall not be enquired into in any court
of law.
CERTAIN QUESTIONS NOT TO BE ENQUIRED INTO IN ANY
COURT.
124.- Where by this Constitution the Governor-General
is required to perform any function in accordance with the advice of the
Cabinet, the Prime Minister or any other Minister or the Leader of the
Opposition or any other person, body or authority or after consultation
with any person, body or authority, the question whether the Governor-General
has received or acted in accordance with such advice, or whether such consultation
has taken place, shall not be enquired into in any court of law.
RESIGNATIONS.
125.-
-
Any person who is appointed or elected to any office
established by this Constitution may resign from that office by writing
under his hand addressed to the person or authority by whom he was appointed
or elected;
Provided that-
-
The resignation of a person from the office of President
or Vice-President or from the office of Speaker or Deputy Speaker shall
be addressed to the Senate or the House, as the case may be, and
-
the resignation of any person from membership of
the Senate or the House shall be addressed to the President or the Speaker,
as the case may be.
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The resignation of any person from any such office
as aforesaid shall take effect when the whiting signifying the resignation
is received by the person or authority to whom it is addressed or any person
authorised by that person or authority to receive it.
REAPPOINTMENTS AND CONCURRENT APPOINTMENTS.
126.-
-
Where any person has vacated any office established
by this Constitution or any office of Minister established under this Constitution,
he may, if qualified, again be appointed or elected to that office in accordance
with the provisions of this Constitution.
-
Where this Constitution vests in any person or authority
the power to make any appointment to any office, a person may be appointed
to that office, notwithstanding that some other person may be holding that
office, when that other person is on leave of absence pending the relinquishment
of that office; and where two or more persons are holding the same office
by reason of an appointment made in pursuance of this subsection, then,
for the purposes of any function conferred upon the holder of that office,
the person last appointed shall be deemed to be the sole holder of the
office.
INTERPRETATION.
127.-
-
In this Constitution, unless the context otherwise
requires-
"citizen" means a citizen of Antigua and Barbuda
and "citizenship" shall be construed accordingly;
"Commonwealth citizen" has such meaning as Parliament
may by law prescribe;
"dollars" means dollars in the currency of Antigua
and Barbuda;
"financial year" means any period of twelve months
beginning on 1st January in any year or such other date as Parliament may
prescribe;
"the Government" means the Government of Antigua
and Barbuda;
"the House" means the House of Representatives;
"law" means any law in force in Antigua and Barbuda
or any part thereof, including any instrument having the force of law and
any unwritten rule of law and "lawful" and "lawfully" shall be construed
accordingly;
"Minister" means a Minister of the Government;
"oath" includes affirmation;
"oath of allegiance" means the oath of allegiance
set out in schedule 3 to this Constitution;
"oath of office" means, in relation to any office,
the oath for the due execution of that office set out in schedule 3 to
this Constitution;
"oath of secrecy" means the oath of secrecy set
out in schedule 3 to this Constitution;
"Parliament" means the Parliament of Antigua and
Barbuda;
"the Police Force" means the Police Force established
by the Police Act(a) and includes any other police force established by
or under a law enacted by Parliament to succeed to or to supplement the
functions of the Police Force;
"President" and "Vice-President" means the respective
persons holding office as President and Vice-President of the Senate;
"public office" means any office of emolument
in the public service and includes an office of emolument in the Police
Force;
"public officer" means a person holding or acting
in any public office and includes an officer or member of the Police Force;
"the public service" means, subject to the provisions
of this section, the service of the Crown in a civil capacity in respect
of the government of Antigua and Barbuda;
"session" means the period beginning when the
Senate or the House first meets after any prorogation or dissolution of
Parliament and ending when Parliament is prorogued or is dissolved without
having been prorogued;
"sitting" means in relation to either House of
Parliament the period during which the House is sitting continuously without
adjournment and includes any period during which it is in committee;
"Speaker" and "Deputy Speaker" means the respective
persons holding office as Speaker and Deputy Speaker of the House;
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In this Constitution references to an office in the
public service shall not be construed as including-
-
references to the office of President or Vice-President,
Speaker or Deputy Speaker, Prime Minister or any other Minister, Parliamentary
Secretary, member of either House of Parliament or the Ombudsman;
-
references to the office of a member of any Commission
established by this Constitution or a member of the Advisory Committee
on the Prerogative of Mercy or a member of the Public Service Board of
Appeal;
-
references to the office of a judge or officer of
the Supreme Court;
-
save in so far as may be provided by Parliament,
references to the office of a member of any council, board, panel, committee
or other similar body (whether incorporated or not) established by or under
any law.
-
In this Constitution-
-
references to this Constitution, the Supreme Court
Order, the British Nationality Act 1948 or the Barbuda Local Government
Act, 1976, or any provision thereof, include references to any law altering
this Constitution or that Order, Act or provision, as the case may be;
-
references to the Supreme Court, the Court of Appeal,
the High court and the Judicial and Legal Services Commission are references
to the Supreme Court, the Court of Appeal, the High Court and the Judicial
and Legal Services Commission established by the Supreme Court Order;
-
references to the Chief Justice have the same meaning
as in the Supreme Court Order;
-
references to a judge of the Supreme Court are references
to a judge of the High Court or Court of Appeal and, unless the context
otherwise requires, includes references to a judge of the former Supreme
Court of the Windward Islands and Leeward Islands; and
-
references to officers of the Supreme Court are references
to the Chief Registrar and other officers of the Supreme court appointed
under the Supreme Court Order.
-
For the purpose of this Constitution, a person shall
not be regarded as holding an office by reason only of the fact that he
is in receipt of a pension or other like allowance in respect of his former
tenure of any office.
-
In this Constitution , unless the context otherwise
requires, a reference to the holder of an office by the term designating
his office shall be construed as including, to the extent of his authority,
a reference to any person for the time being authorised to exercise the
functions of that office.
-
Except in the case where this Constitution provides
for the holder of any office thereunder to be such person holding or acting
in any other office as may for the time being be designated in that behalf
by some other specified person or authority , no person may, without his
consent, be nominated for election to any such office or be appointed to
or to act therein or otherwise be selected therefor.
-
References in this Constitution to the power to remove
a public officer from his office shall be construed as including references
to any power conferred by any law to require or permit that officer to
retire from the public service:
Provided that-
-
nothing in this subsection shall be construed as
conferring on any person or authority the power to require the Director
of Public Persecutions, the Director of Audit or the Supervisor of Elections
to retire from the public service; and
-
any power conferred by any law to permit a person
to retire from the public service shall, in the case of any public officer
who may be removed from office by some person or authority other than a
Commission established by this Constitution, vest in the Public Service
Commission.
-
Any provision in this Constitution that vests in
any person or authority the power to remove any public officer from his
office shall be without prejudice to the power of any person or authority
to abolish any office or to any law providing for the compulsory retirement
of public officers generally or any class of public officer on attaining
an age specified by or under that law.
-
Where this Constitution vests in any person or authority
the power to appoint any person to act in or to exercise the functions
of any office if the holder thereof is himself unable to exercise those
functions, no such appointment shall be called in question on the grounds
that the holder of the office was not unable to exercise those functions.
-
No provision of this Constitution that any person
or authority shall not be subject to the direction or control of any other
person or authority in the exercise of any functions under this Constitution
shall be construed as precluding a court of law from exercising jurisdiction
in relation to any question whether that person or authority has exercised
those functions in accordance with this Constitution or any other law.
-
Without prejudice to the provisions of section 14
of the Interpretation Act 1978(a) (as applied by subsection (16) of this
section), where any power is conferred by this Constitution to make any
order, regulation or rule or give any direction or make any designation,
the power shall be construed as including the power, exercisable in like
manner and subject to the like conditions, if any, to amend or revoke any
such order, regulation, rule, direction, or designation.
-
Subject to the provisions of subsection 3(a) of this
section any reference in this Constitution to a law made before 1st November
1981 shall, unless the context otherwise requires, be construed as a reference
to that law as it had effect on 31st October 1981.
-
In this Constitution references to altering this
Constitution or any other law, or any provision thereof, include references-
-
to revoking it with or without re-enactment thereof
or the making of different provision in lieu thereof;
-
to modifying it whether by omitting or amending any
of its provisions or inserting additional provisions in it or otherwise;
and
-
to suspending its operation for any period or terminating
any such suspension.
-
In this Constitution, any reference to a time when
Her Majesty is at war shall be construed as a reference to a time when
Antigua and Barbuda is engaged in hostilities with another country.
-
In relation to all matters previous to 1st November
19981 references in this Constitution to Antigua or to Antigua and Barbuda
shall in relation to the periods specified include (to such extent as the
context may require) references as follows:-
-
to the associated state of Antigua as respects the
period from 27th February 1967 to 31st October 1981;
-
to the colony of Antigua as respects the period from
1st July 1956 to 26th February 1967; and
-
to the presidency of Antigua comprised in the colony
of the Leeward Islands as respects the period from 5th March 1872 to 30th
June 1956.
-
The Interpretation Act 1978 shall apply, with the
necessary adaptations, for the purpose of interpreting this Constitution
and otherwise in relation thereto as it applies for the purpose of interpreting
and in relation to Acts of Parliament of the United Kingdom.
SCHEDULE 1 TO THE CONSTITUTION
PART 1
THE PROVISIONS OF THE CONSTITUTION REFERRED
TO IN SECTION 47(5)
-
Chapter II;
-
Chapter VI;
-
Sections 22, 23, 68 and 80;
-
Sections 27, 28, 36, 40, 44, 46, 52, 54, 57, 58,
59, 60, 61, 62, 63, 64 and 65.
-
Chapter VII (except sections 106, 107 and 108);
-
Chapter VIII;
-
Chapter I;
-
Section 123;
-
Section 127 in its application to any of the provisions
mentioned in the foregoing items of this part.
PART II
THE PROVISIONS OF THE SUPREME COURT ORDER
REFERRED TO IN SECTION
47(5)
Sections 4, 5, 6, 8, 11, 18 and 19.
SCHEDULE 2 TO THE CONSTITUTION
Section 123(3) to (7)
PROVISIONS OF THE BARBUDA LOCAL GOVERNMENT
ACT, 1976
REFERRED TO IN SECTION 123(3) TO (7)
Sections 1 to 44 and the First Schedule
SCHEDULE 3 TO THE CONSTITUTION
Section 127(1)
OATH (OR AFFIRMATION) OF ALLEGIANCE
I, ___________, do swear (or solemnly affirm)
that I will faithfully bear true allegiance to Her Majesty Queen Elizabeth
the Second, Her Heirs and Successors, according to law.
So help me God. (To be omitted in affirmation).
OATH (OR AFFIRMATION) OF OFFICE
I, ___________, do swear (or solemnly affirm)
that I will honour, uphold and preserve the Constitution of Antigua and
Barbuda and the law, that I will conscientiously, impartially and to the
best of my ability discharge my duties as and do right to all manner of
people without fear or favour, affection or ill-will.
So help me God. (To be omitted in affirmation).
OATH (OR AFFIRMATION) OF OFFICE
I, ___________, do swear (or solemnly affirm)
that I will not on any account, at any time whatsoever, disclose any counsel,
advice, opinion or vote given by any Minister as a member of the Cabinet
and that I will not, except with the authority of the Cabinet and to such
extent as may be required for the proper conduct of the government of Antigua
and Barbuda, directly or indirectly reveal the business or proceedings
of the Cabinet or any matter coming to my knowledge as a member of (or
Secretary to) the Cabinet.
So help me God. (To be omitted in a affirmation).
SCHEDULE 2 TO THE ORDER
TRANSITIONAL PROVISIONS
ARRANGEMENT OF PARAGRAPHS
Paragraph
-
Discharge of Governor-General's functions.
-
Existing laws.
-
Parliament.
-
Ministers and Parliamentary Secretaries.
-
Office of Attorney-General.
-
Existing public officers.
-
Supreme Court Order.
-
Appeals Order.
-
Protection from deprivation of property.
-
Commonwealth citizen.
-
Interpretation.
DISCHARGE O GOVERNOR-GENERAL'S FUNCTIONS.
1.- Until such time as a person has assumed
office as Governor-General having been appointed as such in accordance
with section 22 of the Constitution, the person who on 31st October 1981
held office as Governor of Antigua (or, if there is no such person, the
person who was then acting as Governor) shall discharge the functions of
the office of Governor-General.
EXISTING LAW.
2.-
-
The existing laws shall, as from 1st November 1981,
be construed with such modifications, adaptations, qualifications, and
exceptions as may be necessary to bring them into conformity with the Constitution
and the Supreme Court Order.
-
Where any matter that falls to be prescribed or otherwise
provided for under the Constitution by Parliament or by any other authority
or person is prescribed or provided for by or under an existing law (including
any amendment to any such law made under this paragraph), that prescription
or provision shall, as from 1st November 1981, have effect (with such modifications,
adaptations, qualifications and exceptions as may be necessity to bring
it into conformity with the Constitution and the Supreme Court Order) as
if it has been made under the Constitution by Parliament or, as the case
may require, by the other authority or person.