DOCSLIB.ORG

Dominica's Constitution of 1978 with Amendments Through 2014

Total Page：16

File Type：pdf, Size：1020Kb

Download full-text PDF Read full-text
Dominica's Constitution of 1978 with Amendments Through 2014 PDF generated: 26 Aug 2021, 16:26 constituteproject.org Dominica's Constitution of 1978 with Amendments through 2014 This complete constitution has been generated from excerpts of texts from the repository of the Comparative Constitutions Project, and distributed on constituteproject.org. constituteproject.org PDF generated: 26 Aug 2021, 16:26 Table of contents Preamble . 6 Chapter I: Protection of Fundamental Rights and Freedoms . 6 1. Fundamental rights and freedoms . 6 2. Protection of right to life . 7 3. Protection of right to personal liberty . 7 4. Protection from slavery and forced labour . 9 5. Protection from inhuman treatment . 9 6. Protection from deprivation of property . 9 7. Protection from arbitrary search or entry . 12 8. Provisions to secure protection of law . 12 9. Protection of freedom of conscience . 15 10. Protection of freedom of expression . 15 11. Protection of freedom of assembly and association . 16 12. Protection of freedom of movement . 16 13. Protection from discrimination on the grounds of race, etc . 18 14. Derogations from s.3 or s.13 under emergency powers . 19 15. Protection of persons detained under emergency laws . 19 16. Enforcement of protective provisions . 20 17. Interpretation and savings . 21 Chapter II: The President . 22 18. Establishment of office . 22 19. Election . 23 20. Qualifications for office nomination . 23 21. Disqualifications for election and holding office . 24 22. Determination of questions as to qualifications . 24 23. Tenure of office . 24 24. Removal from office . 25 25. Procedure for removal from office . 25 26. Oath . 26 27. Protection in respect of legal proceedings . 26 28. Acting President . 26 Chapter III: Parliament . 27 Part I: Establishment of Parliament . 27 29. Composition . 27 30. Composition of House of Assembly . 27 31. Qualifications for Representatives and Senators . 27 32. Disqualifications for Representatives and Senators . 28 Dominica 1978 (rev. 2014) Page 2 constituteproject.org PDF generated: 26 Aug 2021, 16:26 33. Election of Representatives . 29 34. Appointment or election of Senators . 30 35. Tenure of office of Representatives and Senators . 30 36. Speaker . 31 37. Deputy Speaker . 33 38. Responsibility for elections . 33 39. Clerk of House and his staff . 34 40. Determination of questions of membership . 34 Part II: Legislation and Procedure of Parliament . 35 41. Power to make laws . 35 42. Alteration of Constitution and Supreme Court Order . 35 43. Freedom of speech . 36 44. Oath by members . 36 45. Presiding . 37 46. Voting . 37 47. Effect of vacancies, etc . 37 48. Penalty for sitting if unqualified . 38 49. Mode of exercise of legislative power . 38 50. Restrictions with regard to certain financial measures . 38 51. Scrutiny of electoral legislation . 39 52. Regulation of procedure in House . 39 Part III: Summoning, Prorogation and Dissolution . 39 53. Sessions . 39 54. Prorogation and dissolution . 39 55. Holding of elections . 40 Part IV: Constituency Boundaries and Electoral Commissions . 40 56. Constituency Boundaries Commission and Electoral Commission . 40 Part V: Delimitation of Constituencies . 42 57. Review of constituency boundaries . 42 Chapter IV: The Executive . 43 58. Executive authority of Dominica . 43 59. Ministers of the Government . 43 60. Cabinet of Ministers . 44 61. Allocation of portfolios to Ministers . 44 62. Performance of functions of Ministers during absence or illness . 45 63. Exercise of President’s functions . 45 64. President.
Load more

Recommended publications
  • Download File
    Eastern Caribbean Child-friendly Schools Newsletter Vol 9, 2016 n WELCOME - pg 2 n ACKNOWLEDGEMENTS - pg 4 n UP CLOSE - pg 5 n IN FOCUS - pg 7 - Teachers At Look Out Primary In Montserrat Give Up Lunch Time To Ensure School Safety - pg 7 - Bethel High School - St. Vincent & The Grenadines- Implements INSIDE Disaster Management In The Curriculum - pg 7 - Adrian T. Hazelle’s School Safety Team Prepares Students to Deal with Natural Disasters - pg 8 - Speyside Anglican and Roborough Anglican In Tobago – Anti-Bullying Campaign - pg 8 n STUDENT VOICES - pg 9 n PRINCIPAL’S CORNER - pg 10 WHAT’S WHAT’S n NEWS FROM THE FIELD - pg 12 1 IN TOUCH Newsletter Vol. 9, 2016 WELCOME Welcome to the 9th issue of In Touch. The aim is provide educators with good practices at schools implementing the Child-Friendly/ Effective School (EFS) framework in the Eastern Caribbean Area, which they can consider for possible implementation in their own classrooms. In the Eastern Caribbean, the implementation of the Child-Friendly School (CFS) / Effective Schools Framework (ESF) first started in 2007 with the main focus on positive behavioural management. This was primarily done in an attempt to reduce the use of corporal punishment by teachers and to address issues of interpersonal violence among children, which were becoming a concern for regional governments. Recognising that a holistic approach must be taken to improve the psychosocial environment for students, the CFS model in the Eastern Caribbean has been expanded to include the following: Healthy and Health Promoting Practices –including teaching Health and Family Life Education Student centred Education School Leadership and Management Safe, Protective and Nurturing Environment To date more than 50,000 students in the Eastern Caribbean are being exposed to CFS / EFS practices and the numbers keep growing.
    [Show full text]
  • The History and Development of the Saint Lucia Civil Code N
    Document generated on 10/01/2021 11:30 p.m. Revue générale de droit THE HISTORY AND DEVELOPMENT OF THE SAINT LUCIA CIVIL CODE N. J. O. Liverpool Volume 14, Number 2, 1983 Article abstract The Civil Code of St. Lucia was copied almost verbatim from the Québec Civil URI: https://id.erudit.org/iderudit/1059340ar Code and promulgated in the island in 1879, with minor influences from the DOI: https://doi.org/10.7202/1059340ar Civil Code of Louisiana. It has constantly marvelled both West Indians and visitors to the region alike, See table of contents that of all the former British Caribbean territories which were subjected to the vicissitudes of the armed struggles in the region between the Metropolitan powers resulting infrequent changes is sovereignty from one power to the Publisher(s) other, only St. Lucia, after seventy-six years of uninterrupted British rule since its last cession by the French, managed to introduce a Civil Code which in effect Éditions de l’Université d’Ottawa was in direct conflict in most respects with the laws obtaining in its parent country. ISSN This is an attempt to examine the forces which were constantly at work in 0035-3086 (print) order to achieve this end, and the resoluteness of their efforts. 2292-2512 (digital) Explore this journal Cite this article Liverpool, N. J. O. (1983). THE HISTORY AND DEVELOPMENT OF THE SAINT LUCIA CIVIL CODE. Revue générale de droit, 14(2), 373–407. https://doi.org/10.7202/1059340ar Droits d'auteur © Faculté de droit, Section de droit civil, Université d'Ottawa, This document is protected by copyright law.
    [Show full text]
  • The University of Chicago the Creole Archipelago
    THE UNIVERSITY OF CHICAGO THE CREOLE ARCHIPELAGO: COLONIZATION, EXPERIMENTATION, AND COMMUNITY IN THE SOUTHERN CARIBBEAN, C. 1700-1796 A DISSERTATION SUBMITTED TO THE FACULTY OF THE DIVISION OF THE SOCIAL SCIENCES IN CANDIDACY FOR THE DEGREE OF DOCTOR OF PHILOSOPHY DEPARTMENT OF HISTORY BY TESSA MURPHY CHICAGO, ILLINOIS MARCH 2016 Table of Contents List of Tables …iii List of Maps …iv Dissertation Abstract …v Acknowledgements …x PART I Introduction …1 1. Creating the Creole Archipelago: The Settlement of the Southern Caribbean, 1650-1760...20 PART II 2. Colonizing the Caribbean Frontier, 1763-1773 …71 3. Accommodating Local Knowledge: Experimentations and Concessions in the Southern Caribbean …115 4. Recreating the Creole Archipelago …164 PART III 5. The American Revolution and the Resurgence of the Creole Archipelago, 1774-1785 …210 6. The French Revolution and the Demise of the Creole Archipelago …251 Epilogue …290 Appendix A: Lands Leased to Existing Inhabitants of Dominica …301 Appendix B: Lands Leased to Existing Inhabitants of St. Vincent …310 A Note on Sources …316 Bibliography …319 ii List of Tables 1.1: Respective Populations of France’s Windward Island Colonies, 1671 & 1700 …32 1.2: Respective Populations of Martinique, Grenada, St. Lucia, Dominica, and St. Vincent c.1730 …39 1.3: Change in Reported Population of Free People of Color in Martinique, 1732-1733 …46 1.4: Increase in Reported Populations of Dominica & St. Lucia, 1730-1745 …50 1.5: Enslaved Africans Reported as Disembarking in the Lesser Antilles, 1626-1762 …57 1.6: Enslaved Africans Reported as Disembarking in Jamaica & Saint-Domingue, 1526-1762 …58 2.1: Reported Populations of the Ceded Islands c.
    [Show full text]
  • ORGANISATION of EASTERN CARIBBEAN STATES Morne Fortuné, P.O
    ORGANISATION OF EASTERN CARIBBEAN STATES Morne Fortuné, P.O. Box 179, Castries, St. Lucia. Telephone: (758) 452-2537 * Fax: (758) 453-1628 * E-mail: [email protected] COMMUNIQUE 42ND MEETING OF THE OECS AUTHORITY 6-8 November 2005 Malliouhana Hotel Meads Bay, Anguilla INTRODUCTION The 42nd Meeting of the Authority of the Organisation of Eastern Caribbean States (OECS) was held at the Malliouhana Resort, Anguilla, 6-8 November 2005. The Meeting was chaired by Prime Minister Dr. the Hon. Kenny Anthony of St. Lucia due to the unavoidable absence of the Chairman of the OECS Authority, Prime Minister Dr. Ralph Gonsalves of St. Vincent and the Grenadines. Heads of Government and Representatives of Heads of Government in attendance were: Hon. Baldwin Spencer, Prime Minister of Antigua and Barbuda. Hon John Osborne, Chief Minister of Montserrat. Hon. Dr. Denzil Douglas, Prime Minister of St. Kitts and Nevis. Dr. the Hon. Kenny Anthony, Prime Minister of St. Lucia. Hon. Osborne Fleming, Chief Minister of Anguilla. Hon. Gregory Bowen, Deputy Prime Minister and Minister of Agriculture, Lands, Fisheries and Energy Resources of Grenada. Hon. Charles Savarin, Minister of Foreign Affairs, Trade and the Civil Service of Dominica. Ms. Patricia Martin, Permanent Secretary, Ministry of Foreign Affairs, St. Vincent and the Grenadines Mr. Otto O’Neal, Director of Planning and Statistics, British Virgin Islands. Heads of delegations from regional institutions were: Sir Dwight Venner, Governor of the Eastern Caribbean Central Bank, ECCB. Mr. Alan Slusher, Director of Economics of the Caribbean Development Bank, CDB, and Mr. Rosemond James, Acting Director General of the Eastern Caribbean Civil Aviation Authority, ECCAA.
    [Show full text]
  • Evaluation of Response to Hurricane Dean in Three Countries of The
    Evaluation of the Response to Hurricane Dean in Jamaica, St. Lucia and Dominica Full Report Oxfam GB Programme Evaluation June 2008 Commissioned by: Oxfam GB LAC Evaluators: Vivien Margaret Walden Executive summary In 2007, Hurricane Dean (category 4 with sustained wind of 150 mph), made landfall in Jamaica on August 19th 2007 leaving a trail of damage along the Southern coast. According to initial reports, as many as 300,000 people were temporarily displaced by Dean. The communities most affected are located in the southern part of the island that was impacted by hurricanes Emily, Ivan, and Wilma in 2004 and 2005. On St. Lucia and Dominica, the hurricane made landfall on August 17th causing widespread damage to the agricultural sector. Most of the damage was caused by the hurricane and tropical storm winds but there were several areas where flooding occurred. The banana crop is the main agricultural activity in both islands and farmers are highly dependent on the benefit from this crop. The majority of them are certified and socially organized as banana Fair Trade farmers. Non-banana farmers were also affected as vegetable crops and animal pens were destroyed. This evaluation carried out after the six-month programmes have closed was to look at the following areas: • To review the project design and implementation • To identify and document innovative and good practices • To identify persistent weaknesses (particularly in internal systems) for organisational learning The evaluation was carried out by semi-structured interviews with key informants and focus groups in the three countries with a variety of stakeholders.
    [Show full text]
  • NATIONAL ANTHEM of DOMINICA Isle of Beauty, Isle of Splendour
    NATIONAL ANTHEM OF DOMINICA Isle of Beauty, Isle of Splendour, Isle to all so sweet and fair, All must surely gaze in wonder, At thy gifts so rich and rare, Rivers, valleys, hills and mountains, All these gifts we do extol, Healthy lands so like all fountains, Giving cheer that warms the soul. Dominica God hath blest thee, With a clime benign and bright, Pastures green and flow’rs of Beauty, Filling al with pure delight, And a people strong and Healthy, Full of Godly reverent fear, May we ever seek to praise Thee, For these gifts so rich and rare. Come ye forward, sons and daughters, Of this Gem beyond compare, Strive for honour sons and daughters, Do the right be firm be fair, Toil with the hearts and hands and voices, We must prosper! Sound the call, In which everyone rejoices, “All for Each and Each for All”. History of the National Anthem (Isle of Beauty): As a symbol of nationhood, the National Anthem takes its place beside the National Flag. Many Dominicans remember the pre‐eminence given to “God Save the Queen”, the British National Anthem. All self‐respecting citizens within hearing stand in silence, with heads bared, where appropriate, while the National Anthem is being rendered, on ceremonial and official occasions. Only a degenerate would dream of showing disrespect to his/her own Flag or National Anthem since by doing so he/she would be severing the one link that exists between himself and every national. It is expected that every citizen will treat our National Anthem with the same respect and patriotism as is shown to theirs by other nationals throughout the civilized world.
    [Show full text]
  • Intercaribbean Timetable of New Eastern Caribbean Flights
    interCaribbean Timetable of New Eastern Caribbean Flights Summer 2020 FLT # FROM TO START DATE END DATE FREQUENCY DEP ARR JY712 Barbados Dominica 11-Aug-20 31-Oct-20 Mon Wed Fri Sun 8:55 AM 9:55 PM JY752 Barbados Dominica 11-Aug-20 31-Oct-20 Tue Thu Sat 3:15 PM 4:15 PM JY756 Barbados Grenada 11-Aug-20 30-Sep-20 Tue Thu Sat 6:25 PM 7:20 PM JY714 Barbados Grenada 11-Aug-20 31-Oct-20 Tue Thu Sat 9:00 AM 9:55 AM JY754 Barbados Grenada 11-Aug-20 31-Oct-20 Mon Wed Fri Sun 3:20 PM 4:15 PM JY734 Barbados St Lucia 11-Aug-20 31-Oct-20 Daily 12:20 PM 1:05 PM JY760 Barbados St Lucia 11-Aug-20 31-Oct-20 Daily 6:40 PM 7:25 PM JY713 Dominica Barbados 11-Aug-20 31-Oct-20 Mon Wed Fri Sun 10:30 AM 11:30 AM JY753 Dominica Barbados 11-Aug-20 31-Oct-20 Tue Thu Sat 4:50 PM 5:50 PM JY711 Grenada Barbados 11-Aug-20 30-Sep-20 Wed Fri Sun 11:05 AM 12:00 PM JY715 Grenada Barbados 11-Aug-20 31-Oct-20 Tue Thu Sat 10:30 AM 11:25 AM JY755 Grenada Barbados 11-Aug-20 31-Oct-20 Mon Wed Fri Sun 4:50 PM 5:45 PM JY705 St Lucia Barbados 11-Aug-20 31-Oct-20 Daily 7:20 AM 8:05 AM JY735 St Lucia Barbados 11-Aug-20 31-Oct-20 Daily 1:40 PM 2:25 PM Winter 2020/2021 FLT # FROM TO START DATE END DATE FREQUENCY DEP ARR JY758 Barbados Dominica 01-Oct-20 31-Oct-20 Mon Wed Fri 6:25 PM 7:25 PM JY712 Barbados Dominica 01-Nov-20 13-Mar-21 Daily 8:55 AM 9:55 AM JY752 Barbados Dominica 01-Nov-20 13-Mar-21 Daily 3:15 PM 4:15 PM JY758 Barbados Dominica 01-Oct-20 31-Oct-20 Mon Wed Fri 6:25 PM 7:25 PM JY756 Barbados Grenada 01-Oct-20 31-Oct-20 Tue Thu Sat Sun 6:25 PM 7:20 PM JY714 Barbados Grenada
    [Show full text]
  • Saving the Mountain Chicken
    Saving the mountain chicken Long-Term Recovery Strategy for the Critically Endangered mountain chicken 2014-2034 Adams, S L, Morton, M N, Terry, A, Young, R P, Dawson, J, Martin, L, Sulton, M, Hudson, M, Cunningham, A, Garcia, G, Goetz, M, Lopez, J, Tapley, B, Burton, M and Gray, G. Front cover photograph Male mountain chicken. Matthew Morton / Durrell (2012) Back cover photograph Credits All photographs in this plan are the copyright of the people credited; they must not be reproduced without prior permission. Recommended citation Adams, S L, Morton, M N, Terry, A, Young, R P, Dawson, J, Martin, L, Sulton, M, Cunningham, A, Garcia, G, Goetz, M, Lopez, J, Tapley, B, Burton, M, and Gray, G. (2014). Long-Term Recovery Strategy for the Critically Endangered mountain chicken 2014-2034. Mountain Chicken Recovery Programme. New Information To provide new information to update this Action Plan, or correct any errors, e-mail: Jeff Dawson, Amphibian Programme Coordinator, Durrell Wildlife Conservation Trust, [email protected] Gerard Gray, Director, Department of Environment, Ministry of Agriculture, Land, Housing and Environment, Government of Montserrat. [email protected] i Saving the mountain chicken A Long-Term Recovery Strategy for the Critically Endangered mountain chicken 2014-2034 Mountain Chicken Recovery Programme ii Forewords There are many mysteries about life and survival on Much and varied research and work needs continue however Montserrat for animals, plants and amphibians. In every case before our rescue mission is achieved. The chytrid fungus survival has been a common thread in the challenges to life remains on Montserrat and currently there is no known cure.
    [Show full text]
  • Regional Overview: Impact of Hurricanes Irma and Maria
    REGIONAL OVERVIEW: IMPACT OF MISSION TO HURRICANES IRMA AND MARIA CONFERENCE SUPPORTING DOCUMENT 1 The report was prepared with support of ACAPS, OCHA and UNDP 2 CONTENTS SITUATION OVERVIEW ......................................................................................................................... 4 KEY FINDINGS ............................................................................................................................................ 5 Overall scope and scale of the impact ....................................................................................... 5 Worst affected sectors ...................................................................................................................... 5 Worst affected islands ....................................................................................................................... 6 Key priorities ......................................................................................................................................... 6 Challenges for Recovery ................................................................................................................. 7 Information Gaps ................................................................................................................................. 7 RECOMMENDATIONS FOR RECOVERY ................................................................................ 10 Infrastructure ......................................................................................................................................
    [Show full text]
  • A Diagnostic Study of the Barbados Drug Treatment Courts
    A Diagnostic Study of the Barbados Drug Treatment Courts Organization of American States Findings and Recommendations Secretariat for Multidimensional Security Inter-American Drug Abuse Control Commission This evaluation (process) was carried out in coordination with the Government of Barbados and under the leadership of the Executive Secretariat of the Inter-American Drug Abuse Control Commission (ES/CICAD) of the Organization of American States (OAS), in association with the Center for Court Innovation (CCI). CICAD receives institutional and financial support from the Government of Canada through the Crime Prevention Capacity Development Program (ACCBP), and the CARICOM Secretariat through the 10th EDF program from the European Commission. The contents expressed in this document are presented exclusively for informational purposes and do not necessarily represent the opinion or ocial position of the Organization of American States, its General A Diagnostic Study of the Barbados Drug Treatment Courts Secretariat or its member states. ISBN 978-0-8270-6853-7 A Diagnostic Study of the Barbados Drug Treatment Courts Findings and Recommendations Coordinated by: Written by: With the financial support of: In partnership with: OAS Cataloging-in-Publication Data Inter-American Drug Abuse Control Commission. Executive Secretariat. A diagnostic study of the Barbados Drug Treatment Courts : findings and recommendations / Produced by the Executive Secretariat of the Inter-American Drug Abuse Control Commission and the Center for Court Innovation. v. ; cm (OAS. Official records ; OEA/Ser.L/XIV.6.67) ISBN 978-0-8270-6853-7 1. Drug courts--Barbados. 2. Drug abuse--Treatment--Law and legislation--Barbados. I. Title. II. Center for Court Innovation. III.
    [Show full text]
  • Caribbean Tourism Organization Ashley Amador
    Anguilla Cayman Islands 14th annual My Morrela Kenisha Findlay CaribbeanEssay Contest in cooperation with the Caribbean Tourism Organization Ashley Amador “Imagine that you are a travel journalist and have been assigned to write a story about your country for Condé Nast Traveler. Remember that our motto is Truth in Travel, and we like to go beneath the surface to show people more than just the usual tourist spots.” ood day travel enthusiast. Today our travels abroad bring us to the beautiful Cayman Islands. The Cayman GIslands? Where is that, you may be asking. The Cayman Islands consist of three small islands—Grand Cayman, Cayman Brac and Little Cayman locat- ed in the northwest Caribbean. Grand Cayman is just one hour by plane from Miami, 180 miles northwest of Jamaica and 150 miles south of Cuba. The country enjoys very pleasant weather all year round, with temperatures rarely dipping below 70 degrees F or rising above 90 degrees F. The coolest season is from November to April. Caymanians are renowned for their friendliness and are devout, church-going people. They are proud of their multiracial and multicultural origins. Approximately one in four are European, mainly descended from British settlers, a further quarter are of African descent, and the rest claim mixed ancestry. The official language is English; Spanish is also spoken. Most Caymanians made their living from turtling and seafaring. Today the country is a thriving international finance center, home to the world’s leading banks and financial service providers. The mainstay of the economy, banking dates back to the passing of the first banking and trust laws in 1966.
    [Show full text]
  • Supreme Court of the United States
    No. 16-136 IN THE Supreme Court of the United States GOVERNMENT OF BELIZE, Petitioner, v. BCB HOLDINGS LIMITED AND BELIZE BANK LIMITED, Respondents. On Petition for a Writ of Certiorari to the United States Court of Appeals for the District of Columbia Circuit AMICUS CURIAE BRIEF OF THE GOVERNMENT OF GUYANA SUPPORTING THE GOVERNMENT OF BELIZE’S PETITION FOR WRIT OF CERTIORARI BENJAMIN G. SHATZ Counsel of Record MANATT, PHELPS & PHILLIPS, LLP 11355 West Olympic Blvd. Los Angeles, CA 90064 [email protected] (310) 312-4000 Counsel for Amicus Curiae The Government of Guyana i TABLE OF CONTENTS BRIEF OF AMICUS CURIAE ..........................1 INTEREST OF AMICUS CURIAE ...................1 SUMMARY OF ARGUMENT ...........................5 REASONS FOR GRANTING THE PETITION .................................................7 I. The CCJ Is Vitally Important To The Caribbean Region’s Goals Of Independence And Solidarity .............7 II. The CCJ’s Opinion In This Case Is Of Utmost Importance Because It Addresses Foundational Issues Of Democratic Government .................. 11 CONCLUSION ................................................ 13 ii TABLE OF AUTHORITIES BCB Holdings Ltd. v. Attorney General of Belize, CCJ Appeal No. CV 7 of 2012 ............... 11–12 New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards, Article V(2)(b) .............................................. 12 1 BRIEF OF AMICUS CURIAE The Government of Guyana submits this brief in support of the Government of Belize’s petition for certiorari.1 INTEREST OF AMICUS CURIAE The Co-operative Republic of Guyana is a sovereign nation on the northern coast of South America, bordering Venezuela, Brazil, Suriname and the Caribbean Sea. Like Belize, Guyana is intimately tied geographically, culturally, historically, linguistically, and politically to the Caribbean region.2 1 Counsel for the Government of Guyana authored this brief in whole and no other person or entity made a monetary contribution to the preparation or submission of this brief.
    [Show full text]