DOCSLIB.ORG

Antigua and Barbuda's Constitution of 1981

Total Page：16

File Type：pdf, Size：1020Kb

Download full-text PDF Read full-text
Antigua and Barbuda's Constitution of 1981 PDF generated: 26 Aug 2021, 16:18 constituteproject.org Antigua and Barbuda's Constitution of 1981 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, 16:18 Table of contents Preamble . 7 CHAPTER I: THE STATE AND THE CONSTITUTION . 7 1. The State and its territory . 7 2. Constitution is supreme law . 8 CHAPTER II: PROTECTION OF FUNDAMENTAL RIGHTS AND FREEDOMS OF THE INDIVIDUAL . 8 3. Fundamental rights and freedoms of the individual . 8 4. Protection of right to life . 8 5. Protection of right to personal liberty . 9 6. Protection from slavery and forced labour . 11 7. Protection from inhuman treatment . 11 8. Protection from freedom of movement . 11 9. Protection from deprivation of property . 13 10. Protection of person or property from arbitrary search or entry . 15 11. Protection of freedom of conscience . 16 12. Protection of freedom of expression including freedom of the press . 16 13. Protection of freedom of assembly and association . 17 14. Protection from discrimination on the grounds of race, sex etc . 17 15. Provision to secure protection of the law . 18 16. Derogations from fundamental rights and freedoms under emergency powers . 20 17. Protection of persons detained-under emergency laws . 21 18. Enforcement of protective provisions . 21 19. Protection from derogations from fundamental rights and freedoms generally . 22 20. Declaration of public emergency . 22 21. Interpretation and savings . 23 CHAPTER III: THE GOVERNOR-GENERAL . 24 22. Establishment of office . 24 23. Acting Governor-General . 25 24. Oaths . 25 25. Deputy to Governor-General . 25 26. Public Seal . 26 CHAPTER IV: PARLIAMENT . 26 PART 1: Establishment and composition of Parliament . 26 27. Establishment of Parliament . 26 28. Composition of the Senate . 26 29. Qualifications for appointment as Senators . 26 30. Disqualifications from appointment as Senators . 27 Antigua and Barbuda 1981 Page 2 constituteproject.org PDF generated: 26 Aug 2021, 16:18 31. Tenure of office of Senators . 28 32. Appointment of temporary Senators . 29 33. President and Vice-President . 30 34. Attendance of Attorney-General at proceedings of Senate . 31 35. Attendance at proceedings of Senate of Ministers who are members of the House . 31 36. Composition of the House . 31 37. Attendance at proceedings of the House of Ministers who are Senators . 32 38. Qualifications for election as a member of the House . 32 39. Disqualifications from election as a member of the House . 32 40. Election of members of the House . 34 41. Tenure of seats of members of the House . 34 42. Speaker and Deputy Speaker . 35 43. Clerks to Houses of Parliament and their staffs . 36 44. Determination of questions of membership . 37 45. Unqualified persons sitting or voting . 38 PART 2: Powers and Procedure of Parliament . 38 46. Power to make laws . 38 47. Alteration of this Constitution and Supreme Court Order . 38 48. Oath of allegiance by members of Parliament . 39 49. Presiding in Senate and House . 39 50. Quorom . 40 51. Voting . 40 52. Mode of exercising legislative power . 40 53. Restrictions with regard to certain financial measures . 40 54. Restrictions on powers of Senate as to money bills . 41 55. Restrictions on powers of Senate as to bills other than money bills . 41 56. Provisions relating to sections 53, 54 and 55 . 42 57. Regulation of Procedure of Houses of Parliament . 43 58. Freedom of speech in proceedings of Parliament . 43 PART 3: Summoning, Prorogation and Dissolution of Parliament . 44 59. Sessions of Parliament . 44 60. Prorogation and dissolution of Parliament . 44 61. General elections and appointment of Senators . 44 PART 4: Delimitations of Constituencies . 45 62. Constituencies . 45 63. Constituencies Boundaries Commission . 45 64. Report by Commission . 46 65. Procedure upon Report . 47 PART 5: The Ombudsman . 47 Antigua and Barbuda 1981 Page 3 constituteproject.org PDF generated: 26 Aug 2021, 16:18 66. Establishment, appointment, functions etc. of Ombudsman . 47 PART 6: The Supervisor of Elections . 48 67. Appointment, functions and removal of Supervisor of Elections . 48 CHAPTER V: EXECUTIVE POWERS . 49 PART 1: General . ..
Load more

Recommended publications
  • Barbados and the Eastern Caribbean
    Integrated Country Strategy Barbados and the Eastern Caribbean FOR PUBLIC RELEASE FOR PUBLIC RELEASE Table of Contents 1. Chief of Mission Priorities ................................................................................................................ 2 2. Mission Strategic Framework .......................................................................................................... 3 3. Mission Goals and Objectives .......................................................................................................... 5 4. Management Objectives ................................................................................................................ 11 FOR PUBLIC RELEASE Approved: August 15, 2018 1 FOR PUBLIC RELEASE 1. Chief of Mission Priorities Our Mission is accredited bilaterally to seven Eastern Caribbean (EC) island nations (Antigua and Barbuda; Barbados; Dominica; Grenada; St. Kitts and Nevis; St. Lucia; and St. Vincent and the Grenadines) and to the Organization of Eastern Caribbean States (OECS). All are English- speaking parliamentary democracies with stable political systems. All of the countries are also Small Island Developing States. The U.S. has close ties with these governments. They presently suffer from inherently weak economies, dependent on tourism, serious challenges from transnational crime, and a constant threat from natural disasters. For these reasons, our engagement focuses on these strategic challenges: Safety, Security, and Accountability for American Citizens and Interests Energy
    [Show full text]
  • Ecocene: Cappadocia Journal of Environmental Humanities 1, No
    ECOCENE CAPPADOCIA JOURNAL OF ENVIRONMENTAL HUMANITIES • Volume 1 / Issue 2 / December 2020 What is Environmental Consciousness? A Thematic Cluster • The Sea Will Rise, Barbuda Will Survive: Environment and Time Consciousness Sophia Perdikaris University of Nebraska-Lincoln, USA [email protected] ORCID: 0000-0001-6523-2249 Katie Rose Hejtmanek Brooklyn College, CUNY, USA [email protected] ORCID: 0000-0002-2923-9766 Perdikaris, Sophia, and Katie Rose Hejtmanek. 2020. “The Sea Will Rise, Barbuda Will Survive: Environment and Time Consciousness.” Ecocene: Cappadocia Journal of Environmental Humanities 1, no. 2 (December): 92­108. https://doi.org/10.46863/ecocene.6. Research Article/ Received: 16.09.2020 /Accepted: 07.10.2020 This work is licensed under a Creative Commons Attribution 4.0 International License. The Sea Will Rise, Barbuda Will Survive: Environment and Time Consciousness by Sophia Perdikaris and Katie Rose Hejtmanek • Abstract In this article, we examine the link between environmental consciousnesses and time consciousness. We argue that the way people think about time shapes their experience of climate change threats. We contrast western hegemonic concepts of time—the Gregorian Calendar, the Dooms Day Clock, linear time—with the way Barbudans of Antigua and Barbuda, an island nation in the Caribbean experience time—cyclical, through boom and bust cycles. We found that this boom and bust framework was indeed supported by climate change and weather experiences on the island—hurricanes, droughts, changes in the lagoons—as well as economic experiences—cargo boat delays bringing supplies, paycheck delays. By understanding local explanatory models of time, especially those that contrast to western climate science frameworks of time, better solution-driven work can be achieved in the face of climate change realities.
    [Show full text]
  • Guidance Note
    Guidance note The Crown Estate – Escheat All general enquiries regarding escheat should be Burges Salmon LLP represents The Crown Estate in relation addressed in the first instance to property which may be subject to escheat to the Crown by email to escheat.queries@ under common law. This note is a brief explanation of this burges-salmon.com or by complex and arcane aspect of our legal system intended post to Escheats, Burges for the guidance of persons who may be affected by or Salmon LLP, One Glass Wharf, interested in such property. It is not a complete exposition Bristol BS2 0ZX. of the law nor a substitute for legal advice. Basic principles English land law has, since feudal times, vested in the joint tenants upon a trust determine the bankrupt’s interest and been based on a system of tenure. A of land. the trustee’s obligations and liabilities freeholder is not an absolute owner but • Freehold property held subject to a trust. with effect from the date of disclaimer. a“tenant in fee simple” holding, in most The property may then become subject Properties which may be subject to escheat cases, directly from the Sovereign, as lord to escheat. within England, Wales and Northern Ireland paramount of all the land in the realm. fall to be dealt with by Burges Salmon LLP • Disclaimer by liquidator Whenever a “tenancy in fee simple”comes on behalf of The Crown Estate, except for In the case of a company which is being to an end, for whatever reason, the land in properties within the County of Cornwall wound up in England and Wales, the liquidator may, by giving the prescribed question may become subject to escheat or the County Palatine of Lancaster.
    [Show full text]
  • The Situation of Children in the Eastern Caribbean Area and UNICEF Response
    The Situation of Children in the Eastern Caribbean Area and UNICEF Response This Multi-CPAP covers 12 countries: Anguilla, Antigua and Barbuda, Barbados, British Virgin Islands, Dominica, Grenada, Montserrat, Saint Kitts and Nevis, Saint Lucia, Saint Vincent and the Grenadines, Trinidad and Tobago and the Turks and Caicos Islands, managed by the UNICEF Office for the Eastern Caribbean Area based in Barbados and some out-posted staff in Trinidad and Tobago. Eastern Caribbean Area countries covered by this document are included in (1) the United Nations Development Assistance Frameworks (UNDAFs) 2012-2016 for Barbados and the Organization of Eastern Caribbean States (OECS) and (2) UN Joint Programmes for Trinidad and Tobago. The poverty headcount in the Eastern Caribbean area ranges from 14 per cent in Barbados to 39 per cent in Dominica. The situation of those living under the poverty line is exacerbated by high income inequality where 20 per cent of the richest people receive 57 per cent of total incomei. Children account for a disproportionate share of the income poor in these Small Island Developing States (SIDS). The most disadvantaged girls and boys in the Eastern Caribbean Area include an estimated 500,000 children from income poor families, as well as non-income poor children from rural areas and outlying islands within island states; those at risk of violence, abuse, exploitation and discrimination- such as boys who have dropped out of school, street children, children in conflict with the law, children in institutions, children affected by migration, indigenous children in Dominica, children affected by HIV and children with disabilities.
    [Show full text]
  • LIS-133: Antigua and Barbuda: Archipelagic and Other Maritime
    United States Department of State Bureau of Oceans and International Environmental and Scientific Affairs Limits in the Seas No. 133 Antigua and Barbuda: Archipelagic and other Maritime Claims and Boundaries LIMITS IN THE SEAS No. 133 ANTIGUA AND BARBUDA ARCHIPELAGIC AND OTHER MARITIME CLAIMS AND BOUNDARIES March 28, 2014 Office of Ocean and Polar Affairs Bureau of Oceans and International Environmental and Scientific Affairs U.S. Department of State This study is one of a series issued by the Office of Ocean and Polar Affairs, Bureau of Oceans and International Environmental and Scientific Affairs in the Department of State. The purpose of the series is to examine a coastal State’s maritime claims and/or boundaries and assess their consistency with international law. This study represents the views of the United States Government only on the specific matters discussed therein and does not necessarily reflect an acceptance of the limits claimed. This study, and earlier studies in this series, may be downloaded from http://www.state.gov/e/oes/ocns/opa/c16065.htm. Comments and questions should be emailed to [email protected]. Principal analysts for this study are Brian Melchior and Kevin Baumert. 1 Introduction This study analyzes the maritime claims and maritime boundaries of Antigua and Barbuda, including its archipelagic baseline claim. The Antigua and Barbuda Maritime Areas Act, 1982, Act Number 18 of August 17, 1982 (Annex 1 to this study), took effect September 1, 1982, and established a 12-nautical mile (nm) territorial sea, 24-nm contiguous zone and 200-nm exclusive economic zone (EEZ).1 Pursuant to Act No.
    [Show full text]
  • Antigua and Barbuda 2019 Human Rights Report
    ANTIGUA AND BARBUDA 2019 HUMAN RIGHTS REPORT EXECUTIVE SUMMARY Antigua and Barbuda is a multiparty parliamentary democracy. Queen Elizabeth II is the head of state. The governor general is the queen’s representative in country and certifies all legislation on her behalf. The ruling Antigua and Barbuda Labour Party won a majority of seats in March 2018 parliamentary elections. In their initial report, election monitors stated there were problems with the electoral process but concluded that the results “reflected the will of the people.” As of November their final report had not been released. Security forces consist of a police force; a prison guard service; immigration, airport, and port security personnel; the Antigua and Barbuda Defence Force; and the Office of National Drug Control and Money Laundering Policy. Police fall under the supervision of the attorney general, who is also the minister of justice, legal affairs, public safety, and labor. Immigration falls under the minister of foreign affairs, international trade, and immigration. Civilian authorities maintained effective control over the security forces. Significant human rights issues included serious corruption and laws against consensual male same-sex sexual activity, although the laws against same-sex sexual activity were not strictly enforced. The government took steps to prosecute and punish those who committed human rights abuses. There were no reports of impunity involving the security forces during the year. Section 1. Respect for the Integrity of the Person, Including Freedom from: a. Arbitrary Deprivation of Life and Other Unlawful or Politically Motivated Killings There were no reports the government or its agents committed arbitrary or unlawful killings.
    [Show full text]
  • Antigua and Barbuda an Annotated Critical Bibliography
    Antigua and Barbuda an annotated critical bibliography by Riva Berleant-Schiller and Susan Lowes, with Milton Benjamin Volume 182 of the World Bibliographical Series 1995 Clio Press ABC Clio, Ltd. (Oxford, England; Santa Barbara, California; Denver, Colorado) Abstract: Antigua and Barbuda, two islands of Leeward Island group in the eastern Caribbean, together make up a single independent state. The union is an uneasy one, for their relationship has always been ambiguous and their differences in history and economy greater than their similarities. Barbuda was forced unwillingly into the union and it is fair to say that Barbudan fears of subordination and exploitation under an Antiguan central government have been realized. Barbuda is a flat, dry limestone island. Its economy was never dominated by plantation agriculture. Instead, its inhabitants raised food and livestock for their own use and for provisioning the Antigua plantations of the island's lessees, the Codrington family. After the end of slavery, Barbudans resisted attempts to introduce commercial agriculture and stock-rearing on the island. They maintained a subsistence and small cash economy based on shifting cultivation, fishing, livestock, and charcoal-making, and carried it out under a commons system that gave equal rights to land to all Barbudans. Antigua, by contrast, was dominated by a sugar plantation economy that persisted after slave emancipation into the twentieth century. Its economy and goals are now shaped by the kind of high-impact tourism development that includes gambling casinos and luxury hotels. The Antiguan government values Barbuda primarily for its sparsely populated lands and comparatively empty beaches. This bibliography is the only comprehensive reference book available for locating information about Antigua and Barbuda.
    [Show full text]
  • Caribbean Food Crops Society
    PROCEEDINGS OF THE CARIBBEAN FOOD CROPS SOCIETY EIGHTH ANNUAL MEETING SANTO DOMINGO DOMINICAN REPUBLIC 197 0 VOLUME VIII 29 THE EVALUATION OF TOMATO VARIETIES IN THE LEEWARD ISLANDS: A PROGRESS REPORT St. C. M. Forde Leeward Islands Agronomist University of the West Indies St. John's Antigua INTRODUCTION In the Leeward Islands the production of tomatoes is largely in the hands of peasant farmers who make use of commercially available varieties. The crop is established during the period September- November and matures in December-March which coincides with the dry season and also the period, of lowest mean minimum temperatures (70- 72°F). Even at the peak of production, local market demands in Antigua and St. Kitts are not satisfied, but production levels in Montserrat allow for some export of produce to the New York as well as other Caribbean markets. The main problems associated with the industry are the evalua tion of commercially available varieties according to time of plan- ting, and extending production into the dry season by the introduc- tion of irrigation. At the University of the West Indies research in tomato breeding is aimed at developing varieties for increased yield under dry season conditions and high yielding varieties that will set fruit at night temperatures above 72° for wet season production. However there is a pressing need in the Leeward Islands to examine the performance of the commercial varieties available in the area, especially in relation to time of planting. It is against this background that this work was undertaken. MATERIALS AND METHODS Five 6x5 randomised complete block trials were carried out in Antigua, Montserrat and St.
    [Show full text]
  • Constitutional Reform in the English-Speaking Caribbean: Challenges and Prospects
    Constitutional Reform in the English-Speaking Caribbean: Challenges and Prospects A report prepared for the Conflict Prevention and Peace Forum January 2011 The Constitutional Design Group Principals Zachary Elkins | [email protected] Tom Ginsburg | [email protected] Lead Research Associate Justin Blount | [email protected] The views expressed in this article are those of the authors and do not reflect those of CPPF or the Social Science Research Council. Constitutional Reform in the ESC p. 2 CONTENTS Introduction ................................................................................................................................. 3 Historical Perspectives on Constitutional Reform in the ESC ................................................. 4 Decolonization and the Independece Constitutions ............................................................... 4 The Rise and Fall of the West Indies Federation ................................................................... 5 Characteristics of ESC Constitutions ......................................................................................... 6 Some General Notes on the Nature of ESC Constitutional Texts ......................................... 7 Executives, Legislatures, and the Judiciary ........................................................................... 8 Fidelity to the Westminster Parliamentary System ........................................................... 8 The Judiciary .....................................................................................................................
    [Show full text]
  • Drought Hazard Assessment and Mapping for Antigua and Barbuda
    Drought Hazard Assessment and Mapping for Antigua and Barbuda Post-Georges Disaster Mitigation Project in Antigua & Barbuda and St. Kitts & Nevis April 2001 This report was prepared under contract with the OAS by Ivor Jackson, Ivor Jackson & Associates, Environmental & Landuse Planning and Landscape Architecture, P.O. Box 1327, St. John’s, Antigua. Tel/fax: 268 460 1469. E-mail [email protected]. CONTENTS 2.3.1.3 Farming Practices 20 2.3.2 Livestock Farming 20 1.0 BACKGROUND 4 2.3.2.1 Livestock Population 20 2.3.2.2 Livestock Distribution 21 1.1 Introduction 5 2.3.2.3 Livestock Management 1.2 Terms of Reference 5 Practices 22 1.3 Methodology 5 2.3.2.4 Market and Prices 22 1.3.1 Data Collection 5 1.3.2 Mapping 5 2.3.3 Settlements and 1.4 Definitions 5 Communities 22 1.4.1 Drought 5 2.3.4 Hotels and Tourist Zones 24 1.4.2 Drought Hazard 7 1.4.3 Drought Vulnerability 7 2.4 Infrastructure 25 1.4.4 Drought Risk 7 1.4.5 Use of the Term Drought 7 2.4.1 Dams and other Storage Reservoirs 25 2.0 ASSESSMENT 8 2.4.2 Wells 26 2.4.3 Desalt and other Water 2.1 Meteorological Conditions 9 Treatment Plants 27 2.4.4 Wastewater Treatment 2.1.1 Precipitation 9 Plants 28 2.1.2 Temperature 10 2.4.5 Irrigation Systems 28 2.1.3 Winds 10 2.4.6 Water Distribution 29 2.1.4 Relative Exposure of Slopes 11 2.4.7 Roof Catchments and Storage 2.1.5 Relative Humidity 12 Cisterns 29 2.1.6 Sunshine and Cloud Cover 12 2.5 Water Supply and Demand 29 2.1.7 Evaporation and Transpiration 12 3.0 IMPACT AND VULNERABILITY 31 2.2 General Environmental Conditions 13 3.1 Historic Drought
    [Show full text]
  • Living Conditions in Antigua and Barbuda: Poverty in a Services Economy in Transition
    August 2007 Living Conditions in Antigua and Barbuda: Poverty in a Services Economy in Transition Volume I – Main Report Prepared by Kairi Consultants Ltd in Association with the National Assessment Team of Antigua and Barbuda Living Conditions in Antigua and Barbuda: Poverty in a Services Economy in Transition Volume I – Main Report Submitted to: THE CARIBBEAN DEVELOPMENT BANK Submitted by: KAIRI CONSULTANTS LIMITED 14 Cochrane Street, Tunapuna, Trinidad and Tobago, West Indies Tel: 868 663 2677; Fax: 868 663 1442 Website: www.kairi.com In Association with: THE NATIONAL ASSESSMENT TEAM OF ANTIGUA AND BARBUDA Living Conditions in Antigua and Barbuda: Poverty in a Services Economy in Transition TABLE OF CONTENTS LIST OF TABLES ................................................................................................................................ VIII LIST OF FIGURES...............................................................................................................................XIV LIST OF BOXES .................................................................................................................................... XV LIST OF ABBREVIATIONS ..............................................................................................................XVI EXECUTIVE SUMMARY ................................................................................................................XVIII PART I: ANALYTICAL FRAMEWORK AND METHODOLOGY................................................1 CHAPTER 1 – INTRODUCTION ................................................................................................................2
    [Show full text]
  • Montserrat Is a Small Island in the Lesser Antilles, Approximately 30 Miles From
    Ceramics Final Report: A Comparison of Ceramic Types from Montserrat Date of Submission: May 7, 2010 Kristie Chin Katherine Harrington Peter Johnson 1 Table of Contents I. INTRODUCTION AND ARCHAEOLOGICAL BACKGROUND ... ERROR! BOOKMARK NOT DEFINED. II. SAMPLE SELECTION ................................................................................................................... 7 III. Research Questions................................................................................................................... 8 IV. Experimental Procedure ......................................................................................................... 9 A. X-RAY FLUORESCENCE 1. Apparatus .............................................................................................................................. 10 2. Procedure .............................................................................................................................. 11 B. SEM-EDS 1. Apparatus .............................................................................................................................. 12 2. Procedure .............................................................................................................................. 12 C. PETROGRAPHY 1. Apparatus .............................................................................................................................. 13 2. Procedure .............................................................................................................................
    [Show full text]