Dominica Constitution Order 1967
| Jurisdiction | UK Non-devolved |
| Citation | SI 1967/226 |
| Year | 1967 |
1967 No. 226
ASSOCIATED STATES
The Dominica Constitution Order 196722ndFebruary 1967
1stMarch 1967
At the Court at Buckingham Palace, the 22nd day of February 1967
Present, The Queen's Most Excellent Majesty in Council
Her Majesty, by virtue and in exercise of Her powers under section 5 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:—
Citation and commencement.
1.—(1) This Order may be cited as the Dominica Constitution Order 1967.
(2) This Order shall come into operation on 1st March 1967.
Revocations.
2. The Orders mentioned in Schedule 1 to this Order are revoked to the extent therein specified.
Establishment of Constitution.
3. The Constitution of Dominica set out in Schedule 2 to this Order shall come into effect in Dominica at the commencement of this Order:
Provided that Chapter VII of the Constitution shall come into effect on the date appointed in accordance with section 88 of the Constitution.
W. G. Agnew.
Section 2
SCHEDULE 1 TO THE ORDER
ORDERS REVOKED BY THIS ORDER
Order Reference Extent of
Revocation
The Dominica Order in S.R. & O. 1939/1896 Sections 3, 4, 37, 38, 39
Council 1939 (Rev. XXIV, p. 231: 40, 41, 42, 43, 45
1939 I, p. 658)
The Dominica (Adaptation S.R. & O. 1939/1897 The whole Order
of Laws) Order in (Rev. XXIV, p. 248
Council 1939 1939 I, p. 675)
The Dominica (Constitu- S.I. 1959/2199 (1959 I, The whole Order
tion) Order in Council p. 350)
1959
The Windward Islands and S.I. 1959/2198 (1959 I, The whole Order so far
Leeward Islands (Police p. 558) as it applies to Dom-
Service Commission) inica
Order in Council 1959
The Dominica (Constitu- S.I. 1960/202 (1960 I, The whole Order
tion) (Amendment) p. 468)
Order in Council 1960
(a) 1967 c. 4.
Section 3
SCHEDULE 2 TO THE ORDER
THE CONSTITUTION OF DOMINICA
ARRANGEMENT OF SECTIONS
CHAPTER I
PROTECTION OF FUNDAMENTAL RIGHTS AND FREEDOMS
Section
1. Fundamental rights and freedoms.
2. Protection of right to life.
3. Protection of right to personal liberty.
4. Protection from slavery and forced labour.
5. Protection from inhuman treatment.
6. Protection from deprivation of property.
7. Protection from arbitrary search or entry.
8. Provisions to secure protection of law.
9. Protection of freedom of conscience.
10. Protection of freedom of expression.
11. Protection of freedom of assembly and association.
12. Protection of freedom of movement.
13. Protection from discrimination on the grounds of race, etc.
14. Derogations from fundamental rights and freedoms under emergency powers.
15. Protection of persons detained under emergency laws.
16. Enforcement of protective provisions.
17. Interpretation and savings.
CHAPTER II
THE GOVERNOR
18. Establishment of office of Governor.
19. Oaths to be taken by Governor.
20. Acting Governor.
21. Deputy to Governor.
CHAPTER III
PARLIAMENT
PART 1
Composition of Parliament
22. Establishment of Parliament.
23. House of Assembly.
24. Qualifications for membership of House of Assembly.
25. Disqualifications for membership of House of Assembly.
26. Election of elected members.
27. Appointment of nominated members.
28. Tenure of office of members of House of Assembly.
29. Speaker and Deputy Speaker.
30. Supervision of elections.
31. Clerk to House of Assembly and his staff.
32. Determination of questions as to membership of House of Assembly.
PART 2
Legislation and procedure of Parliament
33. Power to make laws.
34. Alteration of this Constitution and certain other laws.
35. Freedom of speech in proceedings in Parliament.
36. Oath by members of House of Assembly.
37. Presiding in House of Assembly.
38. Quorum in House of Assembly.
39. Voting in House of Assembly.
40. Unqualified persons sitting or voting.
41. Mode of exercise of legislative power.
42. Restrictions with regard to certain financial measures.
43. Regulation of procedure in House of Assembly.
PART 3
Summoning, Prorogation and Dissolution
44. Sessions of Parliament.
45. Prorogation and dissolution of Parliament.
46. General elections.
PART 4
Delimitation of constituencies
47. Number and boundaries of constituencies.
48. Constituency Boundaries Commission.
49. Review of constituency boundaries.
CHAPTER IV
THE EXECUTIVE
50. Exercise of executive authority of Dominica.
51. Ministers of the Government of Dominica.
52. Cabinet of Ministers.
53. Allocation of portfolios to Ministers.
54. Performance of functions of Premier during absence or illness.
55. Exercise of Governor's functions.
56. Governor to be informed concerning matters of government.
57. Oaths to be taken by Ministers, etc.
58. Leader of the Opposition.
59. Parliamentary Secretaries.
60. Permanent secretaries.
61. Secretary to the Cabinet.
62. Constitution of offices, etc.
63. Attorney-General.
64. Director of Public Prosecutions.
65. Prerogative of mercy.
66. Advisory Committee on Prerogative of Mercy.
67. Functions of Advisory Committee.
CHAPTER V
FINANCE
68. Consolidated Fund.
69. Withdrawals from Consolidated Fund or other public funds.
70. Authorisation of expenditure from Consolidated Fund by Appropriation law.
71. Authorisation of expenditure in advance of appropriation.
72. Contingencies Fund.
73. Remuneration of certain officers.
74. Public debt.
75. Director of Audit.
CHAPTER VI
THE PUBLIC SERVICE
PART 1
The Public Service Commission
76. Public Service Commission.
77. Appointment, etc., of public officers.
PART 2
Appointment, etc., to particular offices
78. Appointment, etc., of permanent secretaries and certain other officers.
79. Director of Public Prosecutions.
80. Director of Audit.
81. Appointment, etc., of magistrates, registrars and legal officers.
PART 3
The Police
82. Police Service Commission.
83. Appointment, etc., of police officers.
PART 4
The Public Service Board of Appeal
84. Public Service Board of Appeal.
85. Appeals in discipline cases.
PART 5
Pensions
86. Pensions laws and protection of pensions rights.
87. Power to withhold pensions, etc.
CHAPTER VII
CITIZENSHIP
88. Commencement.
89. Persons who become citizens on appointed date.
90. Persons entitled to be registered as citizens.
91. Persons born in Dominica on or after appointed date.
92. Persons born outside Dominica on or after appointed date.
93. Marriage to citizen of Dominica.
94. Powers of Parliament.
95. Interpretation.
CHAPTER VIII
JUDICIAL PROVISIONS
96. Original jurisdiction of High Court in constitutional questions.
97. Reference of constitutional questions to High Court.
98. Appeals to Court of Appeal.
99. Appeals to Her Majesty in Council.
100. Interpretation.
CHAPTER IX
TRANSITIONAL PROVISIONS
101. Existing laws.
102. Parliament.
103. First Cabinet.
104. Office of Attorney-General.
105. Existing public officers.
106. Termination of provisions of certain Orders in Council.
CHAPTER X
INTERPRETATION
107. Certain questions not to be enquired into in any court.
108. Resignations.
109. Re-appointments and concurrent appointments.
110. Interpretation.
WHEREAS the People of Dominica—
(a) have affirmed that the state of Dominica is founded upon principles that acknowledge the supremacy of God, faith in fundamental human rights and freedoms, the position of the family in a society of free men and free institutions, the dignity of the human person, and the equal and inalienable rights with which all members of the human family are endowed by their Creator;
(b) respect the principles of social justice and therefore believe that the operation of the economic system should result in the material resources of the community being so distributed as to subserve 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) have asserted their belief in a democratic society in which all persons may, to the extent of their capacity, play some part in the institutions of the national life and thus develop and maintain due respect for lawfully constituted authority;
(d) recognise that men and institutions remain free only when freedom is founded upon respect for moral and spiritual values and the rule of law;
(e) desire that their Constitution should make provision for ensuring the protection in Dominica of fundamental human rights and freedoms;
NOW, THEREFORE, the following provisions shall have effect as the Constitution of Dominica:
CHAPTER I
PROTECTION OF FUNDAMENTAL RIGHTS AND FREEDOMS
Fundamental rights and freedoms.
1. Whereas every person in Dominica is entitled to the fundamental rights and freedoms, that is to say, the right, whatever his race, place of origin, political opinions, 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—
(a) life, liberty, security of the person and the protection of the law;
(b) freedom of conscience, of expression and of assembly and association; and
(c) protection for the privacy of his home and other property and from deprivation of property without compensation,
the provisions of this Chapter shall have effect for the purpose of affording protection to those 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 person does not prejudice the rights and freedoms of others or the public interest.
Protection of right to life.
2.—(1) No person shall be deprived of his life intentionally save in execution of the sentence of a court in respect of a criminal offence under the law of Dominica of which he has been convicted.
(2) 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 in such...
To continue reading
Request your trial