Antigua and Barbuda Constitution Order 1981
| Jurisdiction | UK Non-devolved |
1981 No. 1106
ANTIGUA AND BARBUDA
The Antigua and Barbuda Constitution Order 198131stJuly 1981
31stOctober 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.—(1) This Order may be cited as the Antigua and Barbuda Constitution Order 1981.
(2) 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.
(a) 1967 c. 4.
(b) S.I. 1967/225.
(c) S.I. 1972/301.
(d) S.I. 1975/2160.
SCHEDULE 1 TO THE ORDER
THE CONSTITUTION OF ANTIGUA AND BARBUDA
Arrangement of Sections
CHAPTER I
THE STATE AND THE CONSTITUTION
Section
1. The State and its territory.
2. Constitution is supreme law.
CHAPTER II
PROTECTION OF FUNDAMENTAL RIGHTS AND
FREEDOMS OF THE INDIVIDUAL
3. Fundamental rights and freedoms of the individual.
4. Protection of right to life.
5. Protection of right to personal liberty.
6. Protection from slavery and forced labour.
7. Protection from inhuman treatment.
8. Protection from freedom of movement.
9. Protection from deprivation of property.
10. Protection of person or property from arbitrary search or entry.
11. Protection of freedom of conscience.
12. Protection of freedom of expression including freedom of the press.
13. Protection of freedom of assembly and association.
14. Protection from discrimination on grounds of race, sex etc.
15. Provision to secure protection of the law.
16. Derogations from fundamental rights and freedoms under emergency powers.
17. Protection of persons detained under emergency laws.
18. Enforcement of protective provisions.
19. Protection from derogations from fundamental rights and freedom generally.
20. Declaration of public emergency.
21. Interpretation and savings.
CHAPTER III
THE GOVERNOR—GENERAL
22. Establishment of office.
23. Acting Governor-General.
24. Oaths.
25. Deputy to Governor-General.
26. Public Seal.
CHAPTER IV
PARLIAMENT
PART 1
Establishment and composition of Parliament
27. Establishment of Parliament.
The Senate
28. Composition of the Senate.
29. Qualifications for appointments as Senators.
30. Disqualifications from appointment as Senators.
31. Tenure of office of Senators.
32. Appointment of temporary Senators.
33. President and Vice-President.
34. Attendance of Attorney-General at proceedings of Senate.
35. Attendance at proceedings of Senate of Ministers who are members of the House.
The House of Representatives
36. Composition of the House.
37. Attendance at proceedings of the House of Ministers who are members of the Senate.
38. Qualifications for election as a member of the House.
39. Disqualifications from election as a member of the House.
40. Election of members of the House.
41. Tenure of seats of members of the House.
42. Speaker and Deputy Speaker.
43. Clerks to Houses of Parliament and their staff.
44. Determination of questions of membership.
45. Unqualified person sitting or voting.
PART 2
Powers and Procedure of Parliament
46. Power to make laws.
47. Alteration of this Constitution and Supreme Court Order.
48. Oath of allegiance by members of Parliament.
49. Presiding in Senate and House.
50. Quorum.
51. Voting.
52. Mode of exercising legislative power.
53. Restrictions with regard to certain financial measures.
54. Restrictions on powers of Senate as to money bills.
55. Restrictions on powers of Senate as to bills other than money bills.
56. Provisions relating to sections 53, 54 and 55.
57. Regulation and procedure of Houses of Parliament.
58. Freedom of speech in proceedings of Parliament.
PART 3
Summoning, Prorogation and Dissolution of Parliament
59. Sessions of Parliament.
60. Prorogation and dissolution of Parliament.
61. General elections and appointment of Senators.
PART 4
Delimitations of Constituencies
62. Constituencies.
63. Constituencies Boundaries Commission.
64. Report by Commission.
65. Procedure upon report.
PART 5
The Ombudsman
66. Establishment, appointment, functions etc. of Ombudsman.
PART 6
The Supervisor of Elections
67. Appointment, functions and removal of Supervisor of Elections.
CHAPTER V
EXECUTIVE POWERS
PART 1
General
68. Executive authority.
69. Ministers of the Government.
70. The Cabinet.
71. Allocation of portfolios.
72. Summoning of Cabinet.
73. Tenure of office of Ministers.
74. Performance of functions of Prime Minister during absence, illness or suspension.
75. Parliamentary Secretaries.
76. Oaths to be taken by Ministers and Parliamentary Secretaries.
77. Secretary to the Cabinet.
78. Permanent Secretaries.
79. Leader of the Opposition.
80. Exercise of Governor-General's functions.
81. Governor-General to be informed concerning government matters.
82. Attorney-General.
83. Exercise of certain powers of Governor-General.
84. Power of pardon.
85. Advisory Committee on Prerogative of Mercy.
86. Functions of Advisory Committee.
PART 2
Director of Public Prosecutions
87. Appointment and removal of Director of Public Prosecutions.
88. Powers and functions of Director of Public Prosecutions.
89. Directions to Director of Public Prosecutions.
CHAPTER VI
FINANCE
90. Consolidated Fund.
91. Withdrawals from Consolidated Fund or other public funds.
92. Authorisation of expenditure from Consolidated Fund by appropriation law.
93. Authorisation of expenditure in advance of appropriation.
94. Contingencies Fund.
95. Remuneration of certain officers.
96. Public Debt.
97. Audit of public accounts, etc.
98. Public Accounts Committee.
CHAPTER VII
THE PUBLIC SERVICE
PART 1
The Public Service Commission
99. Establishment and composition of Commission.
100. Appointment etc. of public officers.
101. Appointment etc. of permanent secretaries and certain other officers.
102. The Director of Audit.
103. Appointment etc. of magistrates, registrars and legal officers.
PART 2
The Police Service Commission
104. Establishment and composition of Commission.
105. Appointment etc. of police officers.
PART 3
The Public Service Board of Appeal
106. Constitution of Board, etc.
107. Appeals in disciplinary cases.
108. Powers and procedure of Board.
PART 4
Pensions
109. Pensions laws and protection of pension rights.
110. Power to withhold pensions etc.
CHAPTER VIII
CITIZENSHIP
111. Belonger status.
112. Persons who automatically become citizens at commencement of this Constitution.
113. Persons who automatically become citizens after commencement of this Constitution.
114. Persons entitled to citizenship by registration after
commencement of this Constitution.
115. Dual citizenship.
116. Powers of Parliament.
117. Oath of allegiance.
118. Interpretation.
CHAPTER IX
JUDICIAL PROVISIONS
119. Original jurisdiction of High Court in constitutional questions.
120. Reference of constitutional questions to High Court.
121. Appeals to Court of Appeal.
122. Appeals to Her Majesty in Council.
CHAPTER X
MISCELLANEOUS
123. Local government.
124. Certain questions not to be enquired into in any court.
125. Resignations.
126. Re-appointments and concurrent appointments.
127. Interpretation.
SCHEDULE 1 TO THE CONSTITUTION
PART I
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
THE CONSTITUTION OF ANTIGUA AND BARBUDA
WHEREAS the People of Antigua and Barbuda—
(a) 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;
(b) 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;
(c) 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;
(d) recognize 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;
(e) desire to establish a framework of supreme law within which to guarantee their inalienable human...
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