THE CONSTITUTION OF ANTIGUA AND BARBUDA
WHEREAS the People of Antigua and Barbuda-
- 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;
- 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;
- 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;
- 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;
- 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.-
- Antigua and Barbuda shall be a unitary sovereign
democratic State.
- 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-
- life, liberty, security of the person, the enjoyment of property
and the protection of the law;
- freedom of conscience, of expression (including freedom of
the press) and of peaceful assembly and association; and
- 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.-
- 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.
- 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-
- for the defence of any person from violence or for the defence of property;
- in order to effect a lawful arrest or to prevent the escape of a person lawfully detained;
- for the purpose of suppressing a riot, insurrection or mutiny; or
- 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.-
- 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-
- in consequence of his unfitness to plead to a criminal charge;
- 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;
- 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;
- in execution of the order of a court made in order to secure
the fulfilment of any obligation imposed on him by law;
- for the purpose of bringing him before a court in execution
of the order of a court;
- upon reasonable suspicion of his having committed or of being
about to commit a criminal offence under any law;
- 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;
- for the purpose of preventing the spread of an infectious or
contagious disease;
- 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;
- 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
- 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.
- 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.
- 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.
- When a person is arrested, excessive bail shall not be required
in those cases where bail is being granted.
- Any person who is arrested or detained-
- for the purpose of bringing him before a court in execution of the order of a court; or
- 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.
- 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.
- 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.
- 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.-
- No person shall be held in slavery or servitude.
- No person shall be required to perform forced labour.
- For the purposes of this section, the expression "forced
labour"e; does not include-
- any labour required in consequence of the sentence or order of a court;
- 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;
- 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;
- 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.-
- No person shall be subjected to torture or to inhuman
or degrading punishment or other such treatment.
- 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.-
- 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.
- 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.
- 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-
- 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;
- 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;
- 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;
- for the imposition of restrictions on the freedom of movement of any person who is not a citizen;
- for the imposition of restrictions on the acquisition or use by any person of land or other property in Antigua and Barbuda;
- 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;
- 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
- 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.
- 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.
- 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.-
- 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.
- 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-
- 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
- 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.
- 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).
- 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-
- to the extent that the law in question makes provision for the taking of possession or acquisition of any property, interest or right-
- in satisfaction of any tax, rate or due;
- by way of penalty for breach of the law or forfeiture in consequence of breach of the law;
- as an incident of a lease, tenancy, mortgage, charge, bill of sale, pledge or contract;
- in the execution of judgements or orders of a court in proceedings for the determination of civil rights or obligations;
- 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;
- in consequence of any law with respect to the limitation of actions;
- 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;
- 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-
- enemy property;
- 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;
- 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
- 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.
- 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.
- 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.-
- 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.
- 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-
- 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;
- 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;
- that is reasonably required for the purpose of preventing or detecting crime;
- that is reasonably required for the purpose of protecting the rights or freedoms of other persons; or
- 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.-
- 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.
- 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.
- 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.
- 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-
- in the interests of defence, public safety, public order, public morality or public health; or
- 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.
- 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.-
- Except with his own consent, no person shall be
hindered in the enjoyment of his freedom of expression.
- 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.
- 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.
- 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-
- that is reasonably required-
- in the interests of defence, public safety, public order, public morality or public health; or
- 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
- 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.-
- 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.
- 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-
- that is reasonably required-
- in the interests of defence, public order, public morality or public health; or
- for the purpose of protecting the rights or freedoms of other persons; or
- 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.-
- 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.
- 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.
- 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.
- Subsection (1) of this section shall not apply to any law so
far as the law makes provision-
- for the appropriation of public revenues or other public funds;
- with respect to persons who are not citizens; or
- 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.
- 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.
- 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.
- 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.
- 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.-
- 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.
- Every person who is charged with a criminal offence-
- shall be presumed to be innocent until he is proved or has pleaded guilty;
- 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;
- shall be given adequate time and facilities for the preparation of his defence;
- shall be permitted to defend himself before the court in person or by a legal practitioner of his own choice;
- 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
- 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-
- 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
- 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.
- 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.
- 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;
- 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.