Republic
of Dominica /
República de Dominica
Constitution
of 1978 Constituciones
de 1978
Ultima actualización / Last updated: November, 2008
DOMINICA CONSTITUTION OF 1978
Including reforms from 1983 and 1984
Last form: Act 22 of 1984
-------------------------------------
The Constitution of
the Commonwealth of Dominica
Arrangement of Sections
Protection of Fundamental Rights and Freedoms
- Fundamental rights and freedoms
- Protection of right to life
- Protection of right to personal liberty
- Protection from slavery and forced labour
- Protection from inhuman treatment
- Protection from deprivation of poverty
- Protection from arbitrary search or entry
- Provisions to secure protection of law
- Protection of freedom of conscience
- Protection of freedom of expression
- Protection of freedom of assembly and association
- Protection of freedom of movement
- Protection from discrimination on the grounds of race, etc.
- Derogations from s.3 or s.13 under emergency powers
- Protection of persons detained under emergency laws
- Enforcement of protective provisions
- Interpretation and
savings
Chapter II
The President - Establishment of office
- Election
- Qualifictions for nomination
- Disqualifications for election and holding office
- Determination of questions as to qualifications
- Tenure of office
- Removal from office
- Procedure for removal from office
- Oath
- Protection in respect of legal proceedings
- Acting President
Chapter III
ParliamentPart 1
Establishment of Parliament - Composition
- Composition of House of Assembly
- Qualifications for Representatives and Senators
- Disqualifications for Representatives and Senators
- Election of Representatives
- Appointment or election of Senators
- Tenure of office of Representatives and Senators
- Speaker
- Deputy Speaker
- Responsibility for elections
- Clerk of House and his staff
- Determination of
questions of membership
Part 2
Legislation and procedure of Parliament - Power to make laws
- Alteration of Constitution and Supreme Court Order
- Freedom of speech
- Oath by members
- Presiding
- Voting
- Effect of vacancies, etc.
- Penalty for sitting if unqualifed
- Mode of exercise of legislative power
- Restrictions with regard to certain financial measures
- Scrutiny of electoral legislation
- Regulation of
procedure in House
Part 3
Summoning, prorogation and dissolution - Sessions
- Prorogation and dissolution
- Holding of elections
Part 4
Constituency Boundaries and Electoral Commissions - Constituency
Boundaries Commission and Electoral Commission
Part 5
Delimitation of constituencies - Review of
constituency boundaries
Chapter IV
The Executive - Executive authority of Dominica
- Ministers of the Government
- Cabinet of Ministers
- Allocation of portfolios to Ministers
- Performance of functions of Ministers during absence of illness
- Exercise of President's functions
- President to be informed concerning matters of government
- Oaths to be taken by Ministers, etc.
- Leader of the Opposition
- Parliamentary Secretaries
- Permanent secretaries
- Secretary to the Cabinet
- Constitution of offices, etc.
- Attorney-General
- Control of public prosecutions
- Prerogative of mercy
- Advisory Committee on Prerogative of Mercy
- Functions of
Advisory Committee
Chapter V
Finance - Consolidated Fund
- Withdrawls from Consolidated Fund or other public funds
- Authorisation of expenditure from Consolidated Fund by appropriation law
- Authorisation of expenditure in advance from appropriation
- Contingencies Fund
- Remuneration of certain officers
- Public debt
- Audit of public
accounts, etc.
Chapter VI
The Public ServicePart 1
The Public Service Commission - Public Service Commission
- Appointment, etc.,
of public officers
Chapter VII
CitizenshipPart 2
Appointment, etc., to particular offices - Appointment, etc., of permanent secretaries and certain other officers
- Chief Elections Officer
- Director of Public Prosecution
- Director of Audit
- Appointment, etc.,
of magistrates, registrars and legal offices
Part 3
The Police - Police Service Commission
- Appointment, etc.,
of police officers
Part 4
The Public Service Board of Appeal - Public Service Board of Appeal
- Appeals in
discipline cases
Part 5
Pensions - Pensions laws and protection of pension rights
- Power to withhold
pensions, etc.
Chapter VII
Citizenship - Persons who become citizens on 3rd November 1978
- Persons born in Dominica on or after 3rd November 1978
- Persons born outside of Dominica on or after 3rd November 1978
- Registration
- Acquisition, deprivation and renunciation
- Interpretation
Chapter VIII
Judicial Provisions - Original Jurisdiction of High Court in constitutional questions
- Reference of constitutional questions to High Court
- Appeals to Court of Appeal
- Appeals to Judicial Committee
- Interpretation
Chapter IX
Parliamentary Commissioner - Appointment, etc. of Commissioner
- Deputy Parliamentary Commissioner and staff
- Functions of Commissioner
- Restrictions of matters for investigation
- Discretion of Commissioner
- Report on investigation
- Power to obtain evidence
- Prescribed matters
concerning Comissioner
Chapter X
Miscellaneous - Declaration of republic
- Supreme law
- Functions of President
- Resignations
- Re-appointment and concurrent appointments
- Interpretation
Schedule 1 to the Constitution
Alteration of Constitution and Supreme Court OrderPart I
Provisions of Constitution referred to in section 42(2)Part II
Provisions of Supreme Court Order referred to in section 42(2)Schedule 2 to the Constitution
Rules concerning constituenciesSchedule 3 to the Constitution
Matters not subject to investigation by Parliamentary Commission
-
Section
Transitional Provisions
Arrangement of parragraphs
- Election of first President, etc.
- Existing laws
- Parliament
- Ministers and Parliamentary Secretaries
- Office of Attorney-General
- Existing public officers
- Oaths
- Supreme Court Order
- Appeals Order
- Judicial Committe
- Protection from inhuman treatment
- Protection from deprivation of property
- Commonwealth citizen
- Interpretation
-
Parragraph
Source
/ Fuente:
Constitutions of the Countries of the World. Release 97-2, Issued March
1997, Gisbert H Flanz (editor)