Antigua and
Barbuda / Antigua y Barbuda
Constitution of
1981
Constitución de 1981 |
|
Last updated / Última actualización: October 18, 2005
THE ANTIGUA AND BARBUDA CONSTITUTIONAL ORDER 1981
| Made: |
31st July 1981 |
| Coming into Operation: |
31st October 1981 |
At the Court at Buckingham Palace, the 31st day of July
1981
Present,
The Queen's Most Excellent Majesty in Council
Whereas the status of association of Antigua with the United Kingdom is to
terminate on 1st November 1981 and it is necessary to establish a new
constitution for Antigua upon its attainment of fully responsible status within
the Commonwealth under the style of Antigua and Barbuda:
And whereas the Associated State of Antigua has, by resolutions passed in the
Senate thereof on 1st May 1981 and in the House of Representatives thereof on
23rd April 1981, requested and consented to the making of this Order for that
purpose:
Now, therefore, Her Majesty, by virtue and in exercise of the powers vested
in Her in that behalf by section 5(4) of the West Indies Act 1967 (a), is
pleased, by and with the advice of Her Privy Council, to order, and it is hereby
ordered, as follows:--
1.-
- This Order may be cited as the Antigua and Barbuda Constitution Order
1981.
- This Order shall come into operation on 31st October 1981.
2.- The Antigua Constitution Order 1967(b), the Antigua
Constitution (Amendment) Order 1972 (c), and the Antigua Constitution
(Amendment) Order 1975 (d), which made provision for the constitution
of the Associated State of Antigua, are revoked.
3.- The Constitution of Antigua and Barbuda set out in Schedule 1 to
this Order shall come into effect in Antigua and Barbuda on 1st November 1981
subject to the transitional provisions set out in Schedule 2 to this
Order.
N.E. Leigh,
Clerk of the Privy Council
SCHEDULE 1 TO THE ORDER
THE CONSTITUTION OF ANTIGUA AND BARBUDA
Arrangement of Sections
Chapter I
The State and the Constitution
Section
- The State and its territory.
- Constitution is supreme law.
Chapter II
Protection of Fundamental Rights and
Freedoms of the
Individual
- Fundamental rights and freedoms of the individual.
- Protection of right to life.
- Protection of right to personal liberty.
- Protection from slavery and forced labour.
- Protection from inhuman treatment.
- Protection of freedom of movement.
- Protection from deprivation of property.
- Protection of person or property from arbitrary search or entry.
- Protection of freedom of conscience.
- Protection of freedom of expression including freedom of the press.
- Protection of freedom of assembly and association.
- Protection from discrimination on grounds of race, sex etc.
- Provision to secure protection of the law.
- Derogations from fundamental rights and freedoms under emergency powers.
- Protection of persons detained under emergency laws.
- Enforcement of protective provisions.
- Protection from derogations from fundamental rights and freedom generally.
- Declaration of public emergency.
- Interpretation and savings.
Chapter III
The Governor-General
- Establishment of office.
- Acting Governor-General.
- Oaths.
- Deputy to Governor-General.
- Public Seal.
Chapter IV
Parliament
Part I
Establishment and composition of Parliament
- Establishment of Parliament.
The Senate
- Composition of the Senate.
- Qualifications for appointments as Senators.
- Disqualifications from appointment as Senators.
- Tenure of office of Senators.
- Appointment of temporary Senators.
- President and Vice-President.
- Attendance of Attorney-General at proceedings of Senate.
- Attendance at proceedings of Senate of Ministers who are members of the
House.
The House of Representatives
- Composition of the House.
- Attendance at proceedings of the House of Ministers who are members of the
Senate.
- Qualifications for election as a member of the House.
- Disqualifications from election as a member of the House.
- Election of members of the House.
- Tenure of seats of members of the House.
- Speaker and Deputy Speaker.
- Clerks to Houses of Parliament and their staff.
- Determination of questions of membership.
- Unqualified person sitting or voting.
Part 2
Powers and Procedure of Parliament
- Power to make laws.
- Alteration of this Constitution and Supreme Court Order.
- Oath of allegiance by members of Parliament.
- Presiding in Senate and House.
- Quorum.
- Voting.
- Mode of exercising legislative power.
- Restrictions with regard to certain financial measures.
- Restrictions on powers of Senate as to money bills.
- Restrictions on powers of Senate as to bills other than money bills.
- Provisions relating to sections 53, 54 and 55.
- Regulation and procedure of Houses of Parliament.
- Freedom of speech in proceedings of Parliament.
Part 3
Summoning, Prorogation and Dissolution of
Parliament
- Sessions of Parliament.
- Prorogation and dissolution of Parliament.
- General elections and appointment of Senators.
Part 4
Delimitations of Constituencies
- Constituencies.
- Constituencies Boundaries Commission.
- Report by Commission.
- Procedure upon report.
Part 5
The Ombudsman
- Establishment, appointment, functions etc. of Ombudsman.
Part 6
The Supervisor of Elections
- Appointment, functions and removal of Supervisor of Elections.
Chapter V
Executive Powers
Part 1
General
- Executive authority.
- Ministers of the Government.
- The Cabinet.
- Allocation of portfolios.
- Summoning of Cabinet.
- Tenure of office of Ministers.
- Performance of functions of Prime Minister during absence, illness or
suspension.
- Parliamentary Secretaries.
- Oaths to be taken by Ministers and Parliamentary Secretaries.
- Secretary to the Cabinet.
- Permanent Secretaries.
- Leader of the Opposition.
- Exercise of Governor-General's functions.
- Governor-General to be informed concerning government matters.
- Attorney-General.
- Exercise of certain powers of Governor-General.
- Power of pardon.
- Advisory Committee on Prerogative of Mercy.
- Functions of Advisory Committee.
Part 2
Director of Public Prosecutions
- Appointment and removal of Director of Public Prosecutions.
- Powers and functions of Director of Public Prosecutions.
- Directions to Director of Public Prosecutions.
Chapter VI
Finance
- Consolidated Fund.
- Withdrawals from Consolidated Fund or other public funds.
- Authorisation of expenditure from Consolidated Fund by appropriation law.
- Authorisation of expenditure in advance of appropriation.
- Contingencies Fund.
- Remuneration of certain officers.
- Public Debt.
- Audit of public accounts, etc.
- Public Accounts Committee.
Chapter VII
The Public Service
Part 1
The Public Service Commission
- Establishment and composition of Commission.
- Appointment etc. of public officers.
- Appointment etc. of permanent secretaries and certain other officers.
- The Director of Audit.
- Appointment etc. of magistrates, registrars and legal officers.
Part 2
The Police Service Commission
- Establishment and composition of Commission.
- Appointment etc. of police officers.
Part 3
The Public Service Board of Appeal
- Constitution of Board, etc.
- Appeals in disciplinary cases.
- Powers and procedure of Board.
Part 4
Pensions
- Pensions laws and protection of pension rights.
- Power to withhold pensions etc.
Chapter VIII
Citizenship
- Belonger status.
- Persons who automatically become citizens at commencement of this
Constitution.
- Persons who automatically become citizens after commencement of this
Constitution.
- Persons entitled to citizenship by registration after commencement of this
Constitution.
- Dual Citizenship.
- Powers of Parliament.
- Oath of allegiance.
- Interpretation.
Chapter IX
Judicial Provisions
- Original jurisdiction of High Court in constitutional questions.
- Reference of constitutional questions to High Court.
- Appeals to Court of Appeal.
- Appeals to Her Majesty in Council.
Chapter X
Miscellaneous
- Local government.
- Certain questions not to be enquired into in any court.
- Resignations.
- Re-appointments and concurrent appointments.
- Interpretation.
SCHEDULE 1 TO THE CONSTITUTION
Part 1
The provisions of the Constitution referred to in section 47(5)
Part II
The provisions of the Supreme Court Order referred to in section 47(5)
SCHEDULE 2 TO THE CONSTITUTION
SCHEDULE 3 TO THE CONSTITUTION
Oath (or affirmation) of allegiance and office.
SCHEDULE 2 TO THE ORDER
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
others 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, then, 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 not 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" 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 is 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 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 DEROGATIONS 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.
ALTERATION 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 of 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
greater 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 the 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 introduced 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 THAN 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
DELIMITATIONS 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