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The Antigua and Barbuda Constitution (CA P. 23 Order 1981

CHAPTER 23

THE ANTIGUA AND BARBUDA CONSTITUTION ORDER 1981

STATUTORY INSTRUMENTS

1981 No. 1106

Made

31st July 1981

Corning into Operation 31 st October 1 981

At the Court at Buckingham Palace, the 31 st day ofJu Iy 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 Com monwealth under the style of Antigua and Barbuda:

And whereas the Associated State of Antigua has, by resolutions passed in the Senate thereof on 1 st
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 exer cise 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) This Order may be cited as the Antigua and Barbuda Constitution Order 1981.

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(2) This Order shall come into operation on 31st Octo ber 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 transi tional provisions set out in
Schedule 2 to this Order.

N. E. Leigh, Clerk of the Privy Council.

(a) 1967 c. 4.

(b) S.1. 1967/225. (d) S.1. 197512160.

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The Antigua and Barbuda Constitution (CAP. 23 Order 1981

SCHEDULE 1 TO THE ORDER

THE CONSTITUTION OF ANTIGUA AND BARBUDA

Arrangement of Sections Section

CHAPTER I

The State and the Constitution

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 d iscrim ination 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 freedoms generally.

20. Declaration of public emergency.

21. Interpretation and savings.

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CAP. 23) The Antigua and Barbuda Constitution Order 1981

CHAPTER III

The Governor-General

Section

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 appointment 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 if 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 staffs.

44. Determination of questions of membership.

45. Unqualified persons sitting or voting.

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The Antigua and Barbuda Constitution (CAP. 23 Order 1981

PART 2

Powers and Procedure of Parliament

Section

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 of 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.

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PART 6

]he Supervisor of Elections

Section

67. Appointment, functions and removal of Supervisor of Elections.

CHAPTER V

Executive Powers

PART 1 General

68. Executive authority.

69. Ministers of 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

Section

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. 9S. 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. lOS. Powers and procedure of Board.

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PART 4

Pensions

Section

109. Pensions laws and protection of pension rights.

110. Power to withhold pensions etc.

CHAPTER VIII

Citizenship

Ill. 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.

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The Antigua and Barbuda Constitution (CAP. 23 Order 1981

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 ofthe 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 oflivelihood for all, that labour should
|not be exploited or forced by economic necessity to operate in inhumane condi tions but that there
should be opportunity for advance ment on the basis of recognition of merit, ability and integrity;

lAWS OF ANTIGUA AND BARBUDA CAP. 23) The Antigua and Barbuda Constitution Order 1981

The State and its territory.

Constitution is supreme law.

(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 cap acity, 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 ofjustice 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
rights and freedoms, among them, the rights to liberty, pro perty, security and legal redress of
grievances, as well as freedom of speech, of the press and of assembly, sub ject only to the public
interest:

Now, THEREFORE the following provisions shall have effect as the Constitution of Antigua and Barbuda-

CHAPTER I

The State and the Constitution

1. (1) Antigua and Barbuda shall be a unitary sovereign democratic State.

(2) The territory of Antigua and Barbuda shall com prise the islands of Antigua, Barbuda and Redonda
and all other areas that were comprised in Antigua on 31st October 1981 together with such other areas
as may be declared by Act of Parliament to form part of the territory of Antigua and Barbuda.

2. This Constitution is the supreme law of Antigua and Barbuda and, subject to the provisions of this
Constitu tion, if any other law is inconsistent with this Constitution, this Constitution shall
prevail and the other law shall, to the extent of the inconsistency, be void.

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CHAPTER II

Protection cf Fundamental Rights and Freedoms cf tle Individual

3. Whereas every person in Antigua and Barbuda is entitled to the fundamental rights and freedoms of
the individual, that is to say, the right, regardless of race, place of origin, political opinions or
affiliations, 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 follow ing, namely-

(a) life, liberty, security of the person, the enjoy ment of property and the protection of the law;

(b) freedom of conscience, of expression (including freedom of the press) and of peaceful assembly and
association; and

(c) protection for his family life, his personal privacy, the privacy of his home and other property
and from deprivation of property without fair compensation,

the provisions of this Chapter shall have effect for the purpose of affording protection to the
aforesaid rights and freedoms, subject to such limitations of that pro tection as are contained in
those provisions, being limita tions designed to ensure that the enjoyment of the said rights and
freedoms by any individual does not prejudice the rights and freedoms of others or the public interest.

4. (1) No person shall be deprived of his life inten tionally save in execution of the sentence of a
court in respect of a crime of treason or murder 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 such circumstances as are permitted by
law, of such force as is reasonably justifiable-

(a) for the defence of any person from violence or for the defence of property;

Fundamental rights and freedoms of the individual.

Protection of right to life.

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Protection of right to personal liberty.

(b) in order to effect a lawful arrest or to prevent the escape of a person lawfully detained;

(d) in order lawfully to prevent the commission by that person of a criminal offence,

or if he dies as the result of a lawful act of war.

5. (1) No person shall be deprived of his personal liberty save as may be authorised by law in any of
the follow ing cases, that is to say-

(a) in consequence of his unfitness to plead to a criminal charge;

(b) in execution of the sentence or order of a co urt, whether established for Antigua and Barbuda or
some other country, in respect of a criminal offence of which he has been convicted;

(c) in execution of an order of the High Court or of the Court of Appeal or such other court as may be
prescribed by Parliament on the grounds of his con tempt of any such court or of another court or
tribunal;

(d) in execution of the order of a court made in order to secure the fulfilment of any obligation
imposed on him by law;

(e) for the purpose of bringing him before a court in execution of the order of a court;

(f) upon reasonable suspicion of his having com mitted or of being about to commit a criminal offence
under any law;

(g) under the order of a court or with the consent of his parent or guardian, for his education or
welfare during any period ending not later than the date when he attains the age of eighteen years;

(h) for the purpose of preventing the spread of «n infectious or contagious disease;

(i) in the case of a person who is, or is reasonably suspected to be, of unsound mind, addicted to
drugs

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or alcohol, or a vagrant, for the purpose of his care or treatment or the protection of the community;

(j) for the purpose of preventing the unlawful entry of that person into Antigua and Barbuda, or for
the purpose of effecting the expulsion, extradition or other lawful removal of that person from
Antigua and Barbuda or for the purpose of restricting that person while he is being conveyed through
Antigua and Barbuda in the course of his extradition or removal as a convicted prisoner from one
country to another; or

(k) to such extent as may be necessary in the execution of a lawful order requiring that person to
remain within a specified area within Antigua and Barbuda or prohibiting him from being within such an
area or to such extent as may be reasonably justifiable for the taking of proceedings against that
person relating to the making of any such order or relating to such an order after it has been made,
or to such extent as may be reasonably justifiable for restraining that person dur ing any visit that
he is permitted to make to any part of Antigua and Barbuda in which, in consequence of any such order,
his presence would otherwise be unlawful.

(2) Any person who is arrested or detained shall be informed orally and in writing as soon as
reasonably practic able, in language that he understands, of the reason for his arrest or detention.

(3) Any person who is arrested or detained shall have the right, at any stage and at his own expense,
to retain and instruct without delay a legal practitioner of his own choice, and to hold private
communications with him, and in the case of a minor he shall also be afforded a reasonable opportunity
for communication with his parent or guardian.

(4) When a person is arrested, excessive bail shall not be required in those cases where bail is being
granted.

(5) Any person who is arrested or detained-

(a) for the purpose of bringing him before a court in execution of the orderofa court; 0 r

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CAP. 23) The Antigua and Barbuda Constitution Order 1981

(b) upon reasonable suspicion of his having com mitted or being about to commit a criminal offence
under any law,

and who is not released shall be brought before the court within forty-eight hours after his detention
and, in computing time for the purposes of this subsection, Sundays and public holidays shall be
excluded.

(6) If any person arrested or detained as mentioned in subsection (5Xb) of this section is not tried
within a reasonable time, then, without prejudice to any further proceedings which may be brought
against him, he shall be released either unconditionally or upon reasonable conditions, including in
particular such conditions as are reasonably necessary to ensure that he appears at a later date for
trial or for pro ceedings preliminary to trial and, subject to subsection (4) of this section, such
conditions may include bail.

(7) Any person who is unlawfully arrested or detained by any other person shall, subject to such
defences as may be provided by law, be entitled to compensation for such unlawful arrest or detention
from the person who made the arrest or effected the detention, from any person or authority on whose
behalf the person making the arrest or effecting the detention was acting or from them both:

Provided that a judge, a magistrate or a justice of the peace or an officer of a court or a police
officer acting in pursuance of the order of a judge, a magistrate or a justice of the peace shall not
be under any personal liability to pay compensation under this subsection in consequence of any act
performed by him in good faith in the discharge of the functions of his office and any liability to
pay any such com pensation in consequence of any such act shall be a liability of the Crown.

(8) For the purposes of subsection (l)(b) of this section, a person charged with a criminal offence in
respect of whom a special verdict has been returned that he was guilty of the act or omission charged
but was insane when he did the act or made the omission shall be regarded as a person who has been
convicted of a criminal offence and the detention of that person in consequence of such a verdict
shall be regard ed as detention in execution of the order of a court.

(1) No person shall be held in slavery or servitude.

(2) No person shall be required to perform forced labour.

(3) For the purposes of this section, the expression "forced labour" does not include-

(a) any labour required in consequence of the sentence or order of a court;

(b) any labour required of any person while he is lawfully detained that, though not required in
conse quence of the sentence or order ofa court, is reasonably necessary in the interests of hygiene
or for the maintenance of the place at which he is detained;

(c) any labour required of a member of a disciplined force in pursuance of his duties as such or, in
the case of a person who has conscientious objections to service as a member ofa naval, military or
air force, any labour that that person is required by law to per form in place of such service;

(d) any labour required during any period of public emergency or, in the event of any other emergency
or calam ity that threatens the life and well-being of the community, to the extent that the requiring
of such labour is reasonably justifiable in the circumstances of any situation arising or existing
during that period or as a result of that other emergency or calamity, for the purpose of dealing with
that situation.

7. (1) No person shall be subjected to torture or to inhuman or degrading punishment or other such
treatment.

(2) Nothing contained in or done under the authority of any law shall be held to be inconsistent with
or in con travention of this section to the extent that the law in question authorises the infliction
of any description of punishment that was lawful in Antigua on 31st October 1981.

8. (1) A person shall not be deprived of his freedom of movement, that is to say, the right to move
freely throughout Antigua and Barbuda, the right to reside in any part of Antigua and Barbuda, the
right to enter Antigua

Protection from slaverv and forced'labour.

Protection from inhuman treatmeut.

Protection of freedom of movement.

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and Barbuda, the right to leave Antigua and Barbuda and immunity from expulsion from Antigua and
Barbuda.

(2) Any restrictions on a person's fredom of movement that is involved in his lawful detention shall
not be held to be inconsistent with or in contravention of this section.

(3) Nothing contained in or done under the authority of any law shall be held to be inconsistent with
or in contravention of this section to the extent that the law in question makes provision-

(a) for the imposition of restrictions on the movements or residence within Antigua and Barbuda of any
person or on any person's right to leave Antigua and Barbuda that are reasonably required in the
interests of defence, public safety or public order;

(b) for the imposition of restrictions on the movements or residence within Antigua and Barbuda or on
the right to leave Antigua and Barbuda of persons generally or any class of persons in the interests
of defence, public safety, public order, public morality, or public health or, in respect of the right
to leave Antigua and Barbuda, or securing compliance with any international obligation of Antigua and
Barbuda parti culars of which have been laid before the House and except so far as that provision or,
as the case may be, the thing done under the authority thereof is shown not to be reasonably
justifiable in a democratic society;

(c) for the imposition of restrictions, by order of a court, on the movement or residence within
Antigua and Barbuda of any person or on any person's right to leave Antigua and Barbuda either in
consequence of his having been found guilty of a criminal offence under a law or for the purpose of
ensuring that he appears before a court at a later date for trial of such a criminal offence or for
proceedings relating to his extradition or lawful removal from Antigua and Barbuda;

(d) for the imposition of restrictions on the freedom of movement of any person who is not a citizen;

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(e) for the imposition of restrictions on the acquisi tion or use by any person of land or other
property in Antigua and Barbuda;

(f) for the imposition of restrictions upon the move ment or residence within Antigua and Barbuda or
on the right to leave Antigua and Barbuda of any public officer that are reasonably required for the
proper per formance of his functions;

(g) for the removal of a person from Antigua and Barbuda to be tried or punished in some other country
for a criminal offence under the law of that other country or to undergo imprisonment in some other
country in execution of the sentence of a court in respect of a criminal offence under a law of which
he has been con victed; or

(h) for the imposition of restrictions on the right of any person to leave Antigua and Barbuda that
are reasonably required in order to secure the fulfilment of any obligations imposed on that person by
law and except so far as that provision or, as the case may be, the thing done under the authority
thereof is shown not to be reasonably justifiable in a democratic society.

(4) If any person whose freedom of movement has been restricted by virtue of such a provision as is
referred to in subsection (3)(a) of this section so requests at any time during the period of that
restriction not earlier than two months after the restriction was imposed or two months after he last
made such a request, as the case may be, his case shall be reviewed by an independent and impartial
tribunal consisting of a president who shall be a legal practitioner of not less than seven years
standing appointed by the Chief Justice and two other members appointed by the Governor-General acting
in his discretion.

(5) On any review by a tribunal in pursuance of subsec tion (4) of this section of the case of any
person whose freedom of movement has been restricted, the tribunal may make recommendations concerning
the necessity for or expediency of the continuation of that restriction to the authority by whom it
was ordered and, unless it is otherwise provided by law, that authority shall be obliged to act in
accordance with any such recommendations.

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Protection from deprivation of property.

9. (1) No property of any description shall be com pulsorily taken possession of, and no interest in
or right to or over property of any description shall be compulsorily acquired, except for public use
and except in accordance with the provisions of a law applicable to that taking of posses sion or
acquisition and for the payment of fair compensa tion within a reasonable time.

(2) Every person having an interest in or right to or over property which is compulsorily taken
possession of or whose interest in or right to or over any property is com pulsorily acquired shall
have the right of access to the High Court for-

(a) the determination of his interest or right, the legality of the taking of possession or
acquisition of the property, interest or right and the amount of any com pensation to which he is
entitled; and

(b) the purpose of obtaining payment of that compensation:

Provided that if Parliament so provides in relation to any matter referred to in paragraph (a) of this
subsection the right of access shall be by way of appeal (exercisable as of right at the instance of
the person having the interest in or right to or over the property) from a tribunal or authority,
other than the High Court, having jurisdiction under any law to determine that matter.

(3) The Chief Justice may make rules with respect to the practice and procedure of the High Court or
any other tribunal or authority in relation to the jurisdiction confer red on the High Court by
subsection (2) of this section or exercisable by the other tribunal or authority for the pur poses of
that subsection (including rules with respect to the time within which application or appeals to the
High Court or applications to the other tribunals or authority may be brought).

(4) Nothing contained in or done under the authority of any law shall be held to be inconsistent with
or in con travention of subsection (1) of this section-

(a) to the extent that the law in question makes provision for the taking of possession or acquisition
of any property, interest or right-

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(i) in satisfaction of any tax, rate or due;

(ii) by way of penalty for breach of the law or forfeiture in consequence of breach of the law;

(iii) as an incident of a lease, tenancy, mortgage, charge, bill of sale, pledge or contract;

(iv) in the execution of judgments or orders of a court in proceedings for the determination of civil
rights or obligations;

(v) in circumstances where it is reasonably necessary so to do because the property is in a dangerous
state or likely to be injurious to the health of human beings, animals or plants;

(vi) in consequence of any law with respect to the limitation of actions;

(vii) for so long as may be necessary for the pur poses of any examination, investigation, trial or
enquiry or, in the case ofland, for the pur poses of the carrying out thereon of work of soil
conservation or the conservation of other natural resources or work relating to agricultural
development or improvement (being work relating to such development or improvement that the owner or
occupier of the land has been required, and has without reasonable excuse refused or failed, to carry
out),

and except so far as the provision or, as the case may be, the thing done under the authority
thereof is shown not to be reasonably justifiable in a democratic society;

(b) to the extent that the law in question makes provision for the taking of possession or acquisition
of any of the following property (including any interest in or right to or over property), that is to
say-

(i) enemy property;

(ii) property of a deceased person, a person of unsound mind or a person who had not attained the
age of eighteen years, for the purpose of its administration for the benefit of the

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Protection of person or property from arbItrary search

or entry.

persons entitled to the beneficial interest therein;

(iii) the property of a person adjudged bankrupt or a body corporate in liquidation, for the purpose
of its administration for the benefit ofthe creditors of the bankrupt or body corporate and, subject
thereto, for the benefit of other persons entitled to the beneficial interest in the property; or

(iv) property subject to a trust, for the purpose of vesting the property in persons appointed as
trustees under the instrument creating the trust or by a court or by order of a court for the purposes
of giving effect to the trust.

(5) Nothing contained in or done under the authority of any law enacted by Parliament shall be held to
be incon sistent with or in contravention of this section to the extent that the law in question
makes provision for the compulsory taking of possession of any property, or the compulsory acquisition
of any interest in or right to or over property, where that property, interest or right is held by a
body cor porate established by law for public purposes in which no monies have been invested other
than monies provided by Parliament or any legislature established for the former colony or Associated
State of Antigua.

(6) For the purposes ofthis section, "use" is "public" if it is intended to result or results in a
benefit or advantage to the public and, without prejudice to its generality, includes any use
affecting the physical, economic, social or aesthetic well-being of the public.

10. (1) Except with his own consent, no person shall be subjected to the search of his person or his
property or the entry by others on his premises.

(2) Nothing contained in or done under the authority of any law shall be held to be inconsistent with
or in con travention of this section to the extent that the law in ques tion makes provision-

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(a) that is reasonably required in the interests of defence, public safety, public order, public
morality, public health, public revenue, town and country plan ning or the development and
utilization of property in such a manner as to promote the public benefit;

(b) that authorises an officer or agent of the Government, a local government authority or a body
corporate established by law for public purposes to enter on the premises of any person in order to
inspect those premises or anything thereon for the purpose of any tax, rate or due in order to carry
out work connected with any property that is lawfully on those premises and that belongs to the
Government, or to that authority or body corporate, as the case may be;

(d) that is reasonably required for the purpose of protecting the rights or freedoms of other persons;
or

(e) that authorises, for the purpose of enforcing the judgment or order of a court in any proceedings,
the search of any person or property by order of a court or entry upon any premises by such order,

and except so far as that provision or, as the case may be, anything done under the authority thereof
is shown not to be reasonably justifiable in a democratic society.

11. (1) Except with his own consent, no person shall be hindered in the enjoyment of his freedom of
conscience, and for the purposes of this section the said freedom includes freedom of thought and of
religion, freedom to change his religion or belief, and freedom, either along or in community with
others, and both in public and in private, to manifest and propagate his religion or belief in
worship, teaching, practice and observance.

(2) Except with his own consent (or, if he is under the age of eighteen years, the consent of his
parent or guardian) no person attending any place of education shall be required to receive religious
instruction or to take part in or attend any religious ceremony or observance if that instruction,
ceremony or observance relates to a religion other than his own.

Protection of freedom of conscience.

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Protection of freedom of expression including freedom of the press.

(3) No person shall be compelled to take any oath which is contrary to his religion or belief or to
take any oath in a manner which is contrary to his religion or belief.

(4) Nothing contained in or done under the authority of any law shall be held to be inconsistent with
or in contravention of this section to the extent that the law in question makes provision that is
reasonably required-

(a) in the interests of defence, public safety, public order, public morality or public health; or

(b) for the purpose of protecting the rights and freedoms of other persons, including the right to
observe and practise any religion without the unsolicited intervention of members of any other
religion,

and except so far as that provision or, as the case may be, the thing done under the authority thereof
is shown not to be reasonably justifiable in a democratic society.

(5) Reference in this section to a religion shall be con strued as including references to a
religious denomination, and cognate expressions shall be construed accordingly.

12. (1) Except with his own consent, no person shall be hindered in the enjoyment of his freedom of
expression.

(2) For the purposes of this section the said freedom includes the freedom to hold opinions without
interference, freedom to receive information and ideas without interference, freedom to disseminate
information and ideas without interference (whether the dissemination be to the public generally or to
any person or class of person) and freedom from interference with his correspondence or other means of
communication.

(3) For the purposes of this section expression may be oral or written or by codes, signals, signs or
symbols and includes recordings, broadcasts (whether on radio or television), printed publications,
photographs (whether still or moving), drawings, carvings and sculptures or any other means of
artistic expression.

(4) Nothing contained in or done under the authority of any law shall be held to be inconsistent with
or in

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contravention of this section to the extent that the law in question makes provision-

(a) that is reasonably required-

in the interests of defence, public safety, public order, public morality or public health; or

for the purpose of protecting the reputations, rights and freedoms of other persons, or the

private lives of persons concerned in legal pro ceedings and proceedings before statutory tribunals,
preventing the disclosure of infor mation received in confidence, maintaining the authority and
independence of Parliament and the courts, or regulating telephony, posts, broadcasting or other means
of communication, public entertainments, public shows; or

(b) that imposes restrictions upon public officers that are reasonably required for the proper
performance of their functions;

(i)

(ii)

and except so far as that provision or, as the case may be, the thing done under the authority thereof
is shown not to be reasonably justifiable in a democratic society.

13. (1) Except with his own consent, no person shall be hindered in the enjoyment of his freedom of
peaceful assembly and association, that is to say, his right peacefully to assembly freely and
associate with other persons and in particular to form or belong to trade unions or other associations
for the promotion and protection of his interests.

(2) Nothing contained in or done under the authority of any law shall be held to be inconsistent with
or in con travention of this section to the extent that the law in ques tion makes provision-

(a) that is reasonably required-

in the interests of defence, public order, public morality or public health; or

(ii) for the purpose of protecting the rights or freedoms of other persons; or

(i)

Protection of freedom of assembly and association.

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Protection from discrimination on the llrounds of race, sex, etc.

(6) that imposes restrictions upon public officers that are reasonably required for the proper
performance of their functions,

and except so far as that provision or, as the case may be, the thing done under the authority thereof
is shown not to be reasonably justifiable in a democratic society.

14. (1) Subject to the provisions of subsec tions (4), (5) and (7) of this section, no law shall
make any provision that is discriminatory either of itself or in its effect.

(2) Subject to the provisions of subsections (6), (7) and (8) of this section, no person shall be
treated in a discriminatory manner by any person acting by virtue of any law or in the performance of
the functions of any public office or any public authority.

(3) In this section, the expression "discriminatory" means affording different treatment to different
persons attributable wholly or mainly to their respective descriptions by race, place of origin,
political opinions or affiliations, colour, creed, or sex whereby persons of one such description
are subjected to disabilities or restrictions to which persons of another such description are not
made subject or are accorded privileges or advantages that are not accorded to persons of another such
description.

(4) Subsection (1) of this section shall not apply to any law so far as the law makes provision-

(a) for the appropriation of public revenues or other public funds;

(b) with respect to persons who are not citizens; or (c) whereby persons of any such description as is
mentioned in subsection (3) of this section may be sub jected to any disability or restriction or may
be accorded any privilege or advantage that, having regard to its nature and to special
circumstances pertaining to those persons or to persons of any other such description, is reasonably
justifiable in a democratic society.

( 5) Nothing contained in any law shall be held to be inconsistent with or in contravention of
subsection (1) of this section to the extent that it makes provision with respect to

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qualifications (not being qualifications specifically relating to race, place of origin, political
opinions or affiliations, colour, creed or sex) for service as a public officer or as a member of a
disciplined force or for the service of a local government authority or a body corporate established
by any law for public purposes.

(6) Subsection (2) of this section shall not apply to anything that is expressly or by necessary
implication authorised to be done by any such provision of law as is referred to in subsection (4) or
(5) of this section.

(7) Nothing contained in or done under the authority of anv law shall be held to be inconsistent with
or in con travention of this section to the extent that the law in question makes provision whereby
persons of any such description as is mentioned in subsection (3) of this section may be subjected to
any restriction on . the rights and freedoms guaranteed by sections 8, 10, 11, 12 and 13 of this
Constitution, being such a restriction as is authorised by paragraph (a) or (b) of subsection (3) of
section 8, subsec tion (2) of section 10, subsection (4) of section 11, subsec tion (4) of section
12 or subsection (2) of section 13, as the case may be.

(8) Nothing in subsection (2) of this section shall affect any discretion relating to the institution,
conduct or discontinuance of civil or criminal proceedings in any court that is vested in any person
by or under this Constitution or any other law.

15. (1) If any person is charged with a criminal offence then, unless the charge is withdrawn, he
shall be afforded a fair hearing within a reasonable time by an independent and impartial court
established by law.

(2) Every person who is charged with a criminal offence-

(a) shall .be presumed to be innocent until he is proved or has pleaded guilty;

(b) shall be informed orally and in writing as soon as reasonably practicable, in language that he
understands, of the nature of the offence with which he is charged;

Provision to secure protection of the law.

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Cd) shall be permitted to defend himself before the court in person or by a legal practitioner of his
own choice;

(e) shall be afforded facilities to examine in person or by his legal representative the witnesses
called by the prosecution before the court and to obtain the attendance and carry out the
examination of witnesses to testify on his behalf before the court on the same conditions as those
applying to witnesses called by the prosecution; and

(j) shall be permitted to have without payment the assistance of an interpreter if he cannot
understand the language used at the trial of the charge,

and except with his own consent the trial shall not take place in his absence-

except where, under the provisions of any law entitling him thereto, he is given adequate notice of
the charge, the date, time and place of the trial or continuance thereof and afforded a reasonable
opportunity of appearing before the court:

Provided that where the foregoing conditions have been complied with, and the court is satisfied
that owing to circumstances beyond his control he cannot appear, the trial shall not take place or
continue in his absence; or

(ii) unless he so conducts himself as to render the continuance of the proceedings-in his presence
impracticable and the court has ordered him to be removed and the trial to proceed in his absence.

(i)

(3) When a person is tried for any criminal offence the accused person or any person authorised by him
in that behalf shall, if he so requires and subject to payment of such reasonable fees as may be
prescribed by law, be given within a reasonable time after judgment a copy of any record of the
proceedings made by or on behalf of the court.

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(4) No person shall be held to be guilty of a criminal offence on account of any act or omission that
did not, at the time it took place, constitute such an offence, and no penalty shall be imposed for
any criminal offence that is more severe in degree or description than the maximum penalty that might
have been imposed for that offence at the time when it was committed.

(5) No person who shows that he has been tried by a competent court for a criminal offence and either
convicted or acquitted shall again be tried for that offence or for any criminal offence of which he
could have been convicted at the trial for the offence, save upon the order of a superior court in the
course of appeal or review proceedings relating to the conviction or acquittal.

(6) No person shall be tried for a criminal offence if he shows that he has been pardoned for that
offence.

(7) No person who is tried for a criminal offence shall be compelled to give evidence at the trial.

(8) Any court or other authority prescribed by law for the determination ofthe existence or extent of
any civil right or obligation shall be established by law and shall be independent and impartial;
and where proceedings for such a determination are instituted by any persons before such a court or
other authority, the case shall be given a fair hear ing within a reasonable time.

(9) Except with the agreement of all parties thereto, all proceedings of every court and proceedings
for the determination of the existence or extent of any civil right or obligation before any other
authority, including the announcement of the decision of the court or other authority, shall be held
in public.

(10) Nothing in subsection (9) ofthis section shall prevent the court or other authority from
excluding from the proceedings persons other than the parties thereto and the legal practitioners
representing them to such an extent as the court or other authority-

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(a) may by law be empowered to do and may con sider necessary or expedient in circumstances where
publicity would prejudice the interests of justice or in interlocutory proceedings or in the interests
of public morality, the welfare of persons under the age of eighteen years or the protection of the
private lives of persons concerned in the proceedings; or

(b) may by law be empowered or required to do in the interests of defence, public safety, public order
or public morality.

(11) Nothing contained in or done under the authority of any law shall be held to be inconsistent with
or in contravention of-

(a) subsection (2)(a) of this section, to the extent that the law in question imposes upon any person
charged with a criminal offence the burden of proving particular facts;

(b) subsection (2)(e) of this section, to the extent that the law in question imposes reasonable
conditions that must be satisfied if witnesses called to testify on behalf of an accused person are to
be paid their expenses out of public funds; or

(c) subsection (5) of this section, to the extent that the law in question authorises a court to try a
member of a disciplined force for a criminal offence notwithstanding any trial and conviction or
acquittal of that member under the disciplinary law of that force so however, that any court so trying
such a member and convicting him shall in sentencing him to any punishment take into account any
punishment awarded him under that disciplinary law.

(12) In the case of any person who is held in lawful detention, the provisions of subsection (1),
paragraphs (d) and (e) of subsection (2), and subsection (3) of this section shall not apply in
relation to his trial for a criminal offence under the law regulating the discipline of persons held
in such detention.

(13) Nothing contained in or done under the authority of any law shall be held to be inconsistent with
or in

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contravention of subsection (2) of this section to the extent that it authorises the trial of a defendant
by a magistrate for a summary offence to take place in the defendant's absence.

(14) In this section" criminal offence" means a criminal offence under any law.

16. Nothing contained in or done under the authority of a law enacted by Parliament shall be held to
be inconsis tent with or in contravention of section 5 or section 14 of this Constitution to the
extent that the law authorises the' taking during any period of public emergency of measures that are
reasonably justifiable, for dealing with the situation that exists in Antigua and Barbuda during that
period.

17. (1) When a person is detained by virtue of any such law as is referred to in section 16 of this
Constitution the following provisions shall apply, that is to say-

(a) he shall, with reasonable promptitude and in any case not more than seven days after the
commencement of his detention, be informed in a language that he understands and in detail of the
grounds upon which he is detained and furnished with a written statement in English specifying those
grounds in detail;

(b) not more than fourteen days after the com mencement of his detention a notification shall be
published in the Official Gazette stating that he has been detained and giving particulars of the
provision of law under which his detention is authorised;

(c) not more than one month after the commence ment of his detention and thereafter during the
detention at intervals of not more than six months, his case shall be reviewed by an independent and
impartial tribunal established by law and presided over by a suitably qualified legal practitioner of
at least seven years standing appointed by the Chief Justice;

(d) he shall be afforded reasonable facilities to con sult a legal representative of his own choice
who shall be permitted to make representations to the tribunal appointed for the review of the case of
the detained per son; and

Derogations from fundamental rights and freedoms under emergency powers.

Protection of persons detained under emergency laws.

lAWS OF ANTIGUA AND BARBUDA CAP. 23) The Antigua and Barbuda Constitution Order 1981

Enforcement of protective provisions.

(e) at the hearing of his case by the tribunal appointed for the review of his case he shall be
permitted to appear in person or by a legal practitioner of his own choice.

(2) On any review by a tribunal in pursuance of this section of the case of a detained person, the
tribunal may make recommendations concerning the necessity or expe diency of continuing his detention
to the authority by which it was ordered but, unless it is otherwise provided by law, that authority
shall not be obliged to act in accordance with any such recommendations.

(3) Nothing contained in subsection (1)(d) or subsec tion (1)(e) of this section shall be construed
as entitling a per son to legal representation at public expense.

18. (1) If any person alleges that any of the provi sions of sections 3 to 17 (inclusive) of this
Constitution has been, is being or is likely to be contravened in relation to him (or, in the case of
a person who is detained, if any other person alleges such a contravention in relation to the detained
person), then, without prejudice to any other action with respect to the same matter that is lawfully
available, that person (or that other person) may apply to the High Court for redress.

(2) The High Court shall have original jurisdiction (a) to hear and determine any application made by
any person in pursuance of subsection (1) of this sec tion; and

(b) to determine any question arising, in the case of any person that is referred to it in pursuance
of subsec tion (3) of this section,

and may make such declaration and orders, issue such writs and give such directions as it may consider
appropriate for the purpose of enforcing or securing the enforcement of any of the provisions of
sections 3 to 17 (inclusive) of this Constitution:

Provided that the High Court may decline to exercise its powers under this subsection if it is
satisfied that ade quate means of redress for the contravention alleged are or

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have been available to the person concerned under any other law.

(3) If in any proceedings in any court (other than the Court of Appeal, the High Court or a
court-martial) any question arises as to the contravention of any of the provi sions of sections 3 to
17 (inclusive) of this Constitution, the person presiding in that court may, and shall if any party to
the proceedings so requests, refer the question to the High Court unless, in his opinion, the raising
of the question is merely frivolous or vexatious.

(4) Where any question is referred to the High Court in pursuance of subsection (3) of this section,
the High Court shall give its decision upon the question and the court in which the question arose
shall dispose of the case in accord ance with that decision or, if that decision is the subject of an
appeal to the Court of Appeal or to Her Majesty in Coun cil, in accordance with the decision of the
Count of Appeal or, as the case may be, of Her Majesty in Council.

(5) There shall be such provision as may be made by Parliament for conferring upon the High Court such
powers in addition to those conferred by this section as may appear to be necessary or desirable for
the purpose of enabling that court more effectively to exercise the jurisdiction conferred upon it by
this section.

(6) The Chief Justice may make rules with respect to the practice and procedure of the High Court in
relation to the jurisdiction and powers conferred on it by or under this section (including rules with
respect to the time within which applications may be brought and references shall be made to the High
Court).

19. Except as is otherwise expressly provided in this Constitution, no law may abrogate, abridge or
infringe or authorise the abrogation, abridgement or infringement of any of the fundamental rights and
freedoms of the individual hereinbefore recognised and declared.

20. (1) The Governor-General may, by Proclamation which shall be published in the Official Gazette,
declare

Protection from derogations from fundamental rights and freedoms generally.

Declaration of public emergency.

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that a state of public emergency exists for the purposes of this Chapter.

(2) Every declaration shall lapse-

(a) in the case of a declaration made when Parliament is sitting, at the expiration of a period of
seven days beginning with the date of publication of the declaration; and

(b) in any other case, at the expiration of a period of twenty-one days beginning with the date of
publica tion of the declaration, unless it has in the meantime been approved by resolutions of both
Houses of Parliament.

(3) A declaration of public emergency may at any time be revoked by the Governor-General by
Proclamation which shall be published in the Official Gazette.

(4) A declaration of public emergency that has been approved of by resolutions of the Houses of
Parliament in pursuance of subsection (2) of this section shall, subject to the provisions of
subsection (3) ofthis section, remain in force so long as the resolutions of those Houses remain in
force and no longer.

(5) A resolution of a House of Parliament passed for the purposes of this section shall remain in
force for three months or such shorter period as may be specified therein:

Provided that any such resolution may be extended from time to time by a further such resolution each
extension not exceeding three months from the date of the resolution effecting the extension and any
such resolution may be revoked at any time by a resolution of that House.

(6) Any provision of this section that a declaration of emergency shall lapse or cease to be in force
at any par ticular time is without prejudice to the making of a further such declaration whether
before or after that time.

(7) A resolution of a House of Parliament for the pur poses of subsection (2) of this section and a
resolution extending any such resolution shall not be passed unless it

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is supported by the votes of a majority of all members of that House.

(8) The Governor-General may summon the Houses of Parliament to meet for the purpose of subsection
(2) of this section notwithstanding that Parliament stands dissolved, and the persons who were members
of the Senate and the House immediately before the dissolution shall be deemed, for those purposes,
still to be members of those Houses, but, subject to the provisions of sections 33 and 42 of this
Constitution (which relate to the election of the President, Vice-President, the Speaker, and the
Deputy Speaker) a House of Parliament shall not, when summoned by virtue of this subsection, transact
any business other than debating and voting upon a resolution for the purposes of subsec tion (2) of
this section.

21. (I) Tn this Chapter, unless the context otherwise requrres+-

.. contravention", in relation to any requirement, includes a failure to comply with that requirement,
and cognate expressions shall be construed accordingly;

"court" means any court oflaw having jurisdiction in Antigua and Barbuda other than a court
established by a disciplinary law, and includes Her Majesty in Council and, in section 4 of this
Constitution, a court established by a disciplinary law;

"disciplinary law" means a law regulating the discipline of any disciplined force;

"disciplined force" means-

(a) (b) (c)

a naval, military or air force; the Police Force; or

. .

a pnson service;

"member", in relation to a disciplined force, includes any person who, under the law regulating the
discipline of that force, is subject to that discipline;

Interpretation and savings.

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"legal practitioner" means a person entitled to prac tise as a barrister in Antigua and Barbuda or,
except in relation to proceedings before a court in which a solicitor has no right of audience,
entitled to prac tise as a solicitor in Antigua and Barbuda.

(2) In relation to any person who is a member of a disciplined force raised under any law, nothing
contained in or done under the authority of the disciplinary law of that force shall be held to be
inconsistent with or in contraven tion of any of the provisions of this Chapter other than sections
4, 6 and 7 of this Constitution.

(3) In relation to any person who is a member of a disciplined force raised otherwise than as
aforesaid and lawful ly present in Antigua and Barbuda, nothing contained in or done under the
authority of the disciplinary law of that force shall be held to be inconsistent with or in
contravention of any of the provisions of this Chapter.

(4) In this Chapter "public emergency" means any period during which-

(a) Her Majesty is at war; or

(b) there is in force a declaration of emergency under section 20 of this Constitution, or there are
in force resolutions of both Houses of Parliament supported by the votes of not less than two-thirds
of all the members of each House declaring that democratic institutions in Antigua and Barbuda are
threatened by subversion.

(5) A Proclamation made by the Governor-General shall not be effective for the purposes of section 20
of this Constitution unless it contains a declaration that the Governor-General is satisfied-

(a) that a public emergency has arisen as a result of the imminence of a state of war between Her
Majesty and a foreign State or as a result of the occurrence of any earthquake, hurricane, flood,
fire, outbreak of pestilence, outbreak of infectious disease or other calamity whether similar to
the foregoing or not; or

(b) that action has been taken or is immediately threatened by any person or body of persons of such

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a nature and on so extensive a scale as to be likely to endanger the public safety or to deprive the
community, or any substantial portion of the community, of sup plies or services essential to life.

CHAPTER III

The Governor-General

22. There shall be a Governor-General of Antigua and Barbuda who shall be a citizen appointed by Her
Majesty and shall hold office during Her Majesty's pleasure and who shall be Her Majesty's
representative in Antigua and Barbuda.

Establishment of office.

23 . (1) During any period when the office of Governor-General is vacant or the holder of the office
of Governor-General is absent from Antigua and Barbuda or is for any other reason unable to perform
the functions of his office those functions shall be performed by such person as Her Majesty may
appoint.

Acting Governor General.

(2) Any such person as aforesaid shall not continue to perform the functions of the office of
Governor-General if the holder of the office of Governor-General has notified him that he is about to
assume or resume those functions.

(3) The holder of the office of Governor-General shall not for the purposes of this section, be
regarded as absent from Antigua and Barbuda or as unable to perform the func tions of this office-

(a) by reason that he is in passage from one part of Antigua and Barbuda to another; or

(b) at any time when there is a subsisting appointment of a deputy under section 25 of this
Constitution.

24. A person appointed to hold or act in the office Oaths. of Governor-General shall, before entering
upon the duties

of that office, take and subscribe the oath of allegiance and

the oath of office.

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Deputy to Governor General.

Public Seal.

25. (I) When the Governor-General-

(a) has occasion to be absent from the seat of government but not from Antigua and Barbuda;

(b) has occasion to be absent from Antigua and Barbuda for a period that he considers, in his
discretion, will be of short duration; or

in his discretion, will be of short duration,

he may, acting in accordance with the advice of the Prime Minister, appoint any person in Antigua and
Barbuda to be his deputy during such absence or illness and in that capacity to perform on his behalf
such of the functions of the office of Governor-General as may be specified in the instrument by which
he is appointed.

(2) The power and authority of the Governor-General shall not be abridged, altered or in any way
affected by the appointment of a deputy under this section, and subject to the provisions of this
Constitution, a deputy shall conform to and observe all instructions that the Governor-General, in his
discretion, may from time to time address him:

Provided that the question whether or not a deputy has conformed to and observed any such instructions
shall not be enquired into by any court of law.

(3) A person appointed as deputy under this section shall hold that appointment for such period as may
be specified in the instrument by which he is appointed, and his appoint ment may be revoked at any
time by the Governor-General, acting in accordance with the advice of the Prime Minister.

26. The Governor-General shall keep and use the Public Seal for sealing all things that shall pass
under the Public Seal.

CHAPTER IV

Parliament

PART I

Establishment and composition of Parliament

27. There shall be a Parliament in and for Antigua and Barbuda which shall consist of Her Majesty, a
Senate and a House of Representatives.

The Senate

28. (I) Th e Senate shall consist of seventeen persons who, being qualified for appointment as
Senators in accor dance with the provisions of this Constitution, have been so appointed in
accordance with the provisions of this sec tion and such temporary members (if any) as may be
appointed in accordance with the provisions of section 32 of this Constitution.

(2) Ten Senators shall be appointed by the Governor General acting in accordance with the advice of
the Prime Minister.

(3) Four Senators shall be appointed by the Governor General acting in accordance with the advice of
the Leader of the Opposition.

(4) Subject to subsection (7) of this section, one Senator shall be appointed by the Governor-General
in his discre tion from outstanding persons or persons representing such interests as the
Governor-General considers ought to be represented in the Senate.

(5) One Senator shall be appointed by the GovernorGeneral acting in accordance with the advice of
the Barbuda Council.

(6) One Senator, being an inhabitant of Barbuda, shall be appointed by the Governor-General in
accordance with the advice of the Prime Minister.

(7) Before appointing any person representing interests under subsection (4) of this section the
Governor-General

Establishment of Parliament.

Composition of the Senate.

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Qualifications for appointment as Senators.

shall consult such persons as in his discretion he considers can speak for the interests concerned and
ought to be consulted.

29. Subject to the provisions of section 30 of this Con stitution any person who at the age of his
appointment-

(a) is a citizen of the age of twenty-one years or upwards;

(b) has resided in Antigua and Barbuda for a period of twelve months immediately preceding the date
of his appointment; and

(c) is able to speak and, unless incapacitated by blindness or other physical cause, to read the
English language with sufficient proficiency to enable him to take an active part in the proceedings
of the Senate.

shall be qualified to be appointed as a Senator.

Disqualifications from appointment as Senators

30. (1) No person shall be qualified to be appointed as a Senator who-

(a) is, by virtue of his own act, under any acknowledgement or allegiance, obedience or adherence to a
foreign power or state;

(b) is a member of the House;

(d) is a person certified to be insane or otherwise adjudged to be of unsound mind under any law;

(e) is under sentence of death imposed on him by a court or has been sentenced to imprisonment (by
whatever name called) for a term of or exceeding twelve months and has not either suffered the
punishment to which he was sentenced or such other punishment as may by competent authority have been
substituted therefor, or received a free pardon;

(f) is disqualified for election to the House by or under any law by reason of his connection with any
offence relating to elections;

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(g) holds or is acting in any public office or in the office of judge of the Supreme Court or
Ombudsman, or is a member of the Constituencies Boundaries Com mission, the Judicial and Legal
Services Commission, the Public Service Commission or the Police Service Commission;

(h) has, within the period often years immediately preceding the proposed date of his appointment as a
Senator, been convicted on indictment by a court of competent jurisdiction of theft, fraud or other
such crime involving dishonesty and who-

(i) has not appealed against that conviction; or (ii) has appealed against that conviction and whose
appeal has not been allowed; and

(iii) has not received a free pardon in respect of the offence; or

(0 is a minister of religion.

(2) Without prejudice to the prOVISIOns of subsection (1 )(g) ofthis section, Parliament may provide
that a per son shall not be qualified for appointment as a Senator in any of the following cases-

(a) if he holds or is acting in any office that is specified by Parliament and the functions of which
involve responsibility for, or in connection with, the con duct of an election or the compilation or
revision of any register of electors for the purposes of an election;

(b) subject to any exceptions and limitations prescribed by Parliament, if-

(i)

he holds or is acting in any office or appoint ment prescribed by Parliament either individually or
by reference to a class of office or appointment;

(ii) he belongs to any armed force of Antigua and Barbuda or to any class of person that is
comprised in any such force; or

(iii) he belongs to the Police Force or to any class of person that is comprised in the Police Force.

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(3) For the purpose of subsection (l)(e) of this section-

(a) two or more sentences of imprisomnent that are required to be served consecutively shall be
regarded as separate sentences if none of those sentences exceeds twelve months, but if anyone of such
sentences exceeds that term they shall be regarded as one sentence; and

(b) no account shall be taken of a sentence of imprisomnent imposed as an alternative to or in default
of the payment of a fine.

Tenure of office of Senators.

31.

Senate-

( 1) Every Senator shall vacate his seat in the

(a) at the next dissolution of Parliament after he has been appointed;

(b) if he is with his consent nominated as a can didate for election to the House;

(d) if he is absent from the sittings of the Senate for such period or periods and in such
circumstances as may be prescribed by the rules of procedure of the Senate;

(e) subject to the provisions of subsection (2) of this section, if any circumstances arise that, if
he were not a Senator, would cause him to be disqualified for appointment as such by virtue of
subsection ( 1) of section 30 of this Constitution or of any law enacted in pursuance of subsection
(2) of that section;

(f) if the Governor-General, acting in accordance with the advice of the Prime Minister in the case of
a Senator appointed in accordance with that advice, or in accordance with the advice of the Leader of
the Opposition in the case of a Senator appointed in accordance with that advice, or in accordance
with the advice of the Barbuda Council in the case of a Senator appointed in accordance with that
advice, or in his discretion in the case of a Senator appointed by him in his discretion, declares the
seat of that Senator to be vacant; or

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(g) if, having been appointed under the provisions of section 28(6) of this Consitution, he ceases to
be an inhabitant of Barbuda.

(2) (a) If circumstances such as are referred to in subsec tion (l)(e) of this section arise because
a Senator is convicted of a felony or of any other offence involving dishonesty, sentenced to death or
imprisonment, adjudged to be of unsound mind, or declared bankrupt or is convicted of any offence
relating to elections in circumstances that disqualify him for election to the House, and if it is
open to the Senator to appeal against the decision (either with the leave of a court or other
authority or without such leave), he shall forthwith cease to perform his functions as a Senator but,
subject to the provisions of this subsection, he shall not vacate his seat until the expiration of
thirty days thereinafter:

Provided that the President may, at the request of the Senator, from time to time extend that period
for further periods of thirty days to enable the Senator to pursue an appeal against the decision, so,
however, that extensions of time exceeding in the aggregate one hundred and fifty days shall not be
given without the approval, signified by resolution, of the Senate.

(b) If on the determination of an appeal, such circumstances continue to exist and no further appeal
is open to the Senator, or if, by reason of the expiration of any period for entering an appeal or
notice thereof or the refusal of leave to appeal or for any other reason, it ceases to be open to the
Senator to appeal, he shall forthwith vacate his seat.

(c) If at any time before the Senator vacates his seat such circumstances as aforesaid cease to exist
his seat shall not become vacant on the expiration of the period referred to in paragraph (a) of this
subsection and he may resume the performance of his functions as a Senator.

32. (1) Whenever a Senator is incapable of performing his functions as a Senator by reason of his
absence from Antigua and Barbuda or by reason of his suspension under section 31 (2) of this
Constitution or by reason of illness, the Governor-General may appoint a person qualified for

Appointment of temporary Senators.

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appointment as a Senator to be temporarily a member of the Senate during such absence, suspension or
illness.

(2) The provisions of section 31 of this Constitution shall apply to a member of the Senate appointed
under this sec tion as they apply to a Senator appointed under section 28 of this Constitution and an
appointment made under this section shall in any case cease to have effect if the person appointed is
notified by the Governor-General that the cir cumstances giving rise to his appointment have ceased
to exist.

(3) In the exercise of the powers conferred upon him by this section, the Governor-General shall act-

(a) in accordance with the advice of the Prime Minister in relation to a Senator appointed in
pursuance of section 28(2) or 28(6) of this Constitution;

(b) in accordance with the advice of the Leader of the Opposition in relation to a Senator appointed
in pursuance of section 28(3) of this Constitution;

(d) in accordance with the advice of the Barbuda Council in relation to a Senator appointed in
pursuance of section 28(5) of this Constitution.

President and Vice-President.

33. (1) When the Senate first meets after any general election and before it proceeds to the despatch
of any other business, it shall elect a Senator to be President, and if the office of President falls
vacant at any time before the next dissolution of Parliament, the Senate shall, as soon as
practicable, elect another Senator to be President.

(2) When the Senate first meets after any general elec tion and before it proceeds to any other
business except the election of the President, it shall elect a Senator to be Vice President: and if
the office of Vice-President falls vacant at any time before the next dissolution of Parliament, the
Senate shall, as soon as practicable, elect another Senator to be Vice-President.

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(3) The Senate shall not elect a Senator who is a Minister or Parliamentary Secretary to be President
or Vice-President.

(4) No business (other than the election of a President) shall be transacted in the Senate at any time
when the office of the President is vacant.

(5) A person shall vacate the office of President or Vice-President -

(a) if he ceases to be a Senator, except that the President shall not vacate his office by reason only
that he has ceased to be a Senator on a dissolution of Parlia ment until the Senate first meets after
that dissolution; or

(b) if he is appointed to be a Minister or Parliamen tary Secretary or;

(6) (a) If, under section 31(2) of this Constitution, the person who is President or Vice-President is
suspended from the performance of his functions as a Senator, he shall also cease to perform his
functions as President or Vice-President, as the case may be, and those functions shall, until he
vacates his seat in the Senate or resumes the performance of his functions as Senator, be performed-

(i)

in the case of the President, by the Vice President or if the office of Vice-President is vacant or
the person who is Vice-President is suspended from the performance of his functions as a Senator
under section 31(2) of this Constitution, by such Senator (not being a Minister or a Parliamentary
Secretary) as the Senate may elect for the purpose; and

(ii) in the case of the Vice-President, by such Senator (not being a Minister or Parliamentary
Secretary) as the Senate may elect for the purpose.

(b) If the President or Vice-President res urnes the performance of his functions as a Senator in
accordance

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Attendance of Attorney-General at proceedings of Senate.

Attendance at proceedings of Senate of Ministers who are members of the House.

Composition of the House.

with the provisions of section 31(2) of this Constitution, he shall also resume the performance of his
functions as President or Vice-President, as the case may be.

34. The President, Vice-President or other member presiding in the Senate may request the
Attorney-General to attend any proceedings of the Senate if he considers that

the business before the Senate in those proceedings makes the presence of the Attorney-General
desirable; and where he is so requested the Attorney-General may take part in the proceedings of the
Senate solely for the purpose of giv ing explanations concerning matters before the Senate in those
proceedings and he shall not vote in the Senate.

35. (1) The President, Vice-president or other member presiding in the Senate may request a Minister
who is a member of the House to attend any proceedings of the Senate if he considers that the business
before the Senate in those proceedings falls within the portfolio of the Minister concerned and ifhe
considers the presence of such Minister desirable.

(2) A Minister who is so requested to attend any proceedings of the Senate may take part in the
proceedings solely for the purpose of giving explanations concerning matters falling within his
portfolio and he shall not vote in the Senate.

The House of Representatives

36. (1) Subject to the provisions of this section, the House shall consist of a number of elected
members equal to the number of constituencies from time to time established by Order under Part 4 of
this Chapter, who shall be elected in such a manner as may, subject to the provisions of this
Constitution, be prescribed by or under any Act of Parliament.

(2) If the person holding the office of Speaker is not otherwise a member of the House, he shall be a
member of the House by virtue of holding that office.

(3) If the person holding or acting in the office of Attorney-General is not otherwise a member of the
House

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he shall be a member of the House by virtue of holding or acting in that office but shall not vote in
the House.

37. (1) The Speaker, Deputy Speaker or other member presiding in the House may request a Minister who
is a Senator to attend any proceedings of the House if he considers that the business before the House
in those pro ceedings falls within the portfolio of the Minister concerned and if he considers the
presence of such Minister desirable.

(2) A Minister who is so requested to attend any pro ceedings of the House may take part in the
proceedings solely for the purpose of giving explanations concerning matters falling within his
portfolio and he shall not vote in the House.

38. Subject to the provisions of section 39 of this Con stitution, any person who at the date of his
election-

(a) is a citizen of the age of twenty-one years or upwards;

(b) has resided in Antigua and Barbuda for a period of twelve months immediately preceding the date of
his election; and

( c) is able to speak and, unless incapacitated by blindness or other physical cause, to read the
English language with sufficient proficiency to enable him to take an .active part in the proceedings
of the House,

shall be qualified to be elected as a member of the House.

39. (1) No person shall be qualified to be elected as a member of the House who-

(a) is, by virtue of his own act, under any acknowledgement of allegiance, obedience or adherence to a
foreign power or state;

(b) is a Senator or temporary member of the Senate;

(d) is a person certified to be insane or otherwise adjudged to be of unsound mind under any law;

the House of Ministers who are Senators.

Qualifications for election as a

member of the House.

Disqualifications from election as a member of the House.

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(j) is disqualified for appointment to the House by or under any law by reason of his connection with
any offence relating to elections;

(g) holds or is acting in any public office or in the office of judge of the Supreme Court or
Ombudsman or is a member of the Constituencies Boundaries Commission, the Judicial and Legal
Services Commission, the Public Service Commission or the Police Service Commission;

(h) has, within the period often years immediately preceding the proposed date of his election as a
member of the House, been convicted on indictment by a court of competent jurisdiction of theft,
fraud, or other such crime involving dishonesty and who-

(i) has not appealed against that conviction, or (ii) has appealed against that conviction and whose
appeal has not been allowed; and

(iii) has not received a free pardon in respect of the offence; or

(i) is a minister of religion.

(2) Without prejudice to the provisions of subsec tion (1)(g) of this section, Parliament may
provide that a per son shall not be qualified for election as a member of the House in any of the
following cases-

(a) if he holds or is acting in any office that is specified by Parliament and the functions of which
involve responsibility for, or in connection with, the conduct of an election or the compilation or
revision of any register of electors for the purposes of an election;

(b) subject to any exceptions and limitations prescribed by Parliament, if-

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(i)

he holds or is acting in any office or appointment prescribed by Parliament either individually or
by reference to a class of office or appointment. or

(ii) he belongs to any armed force of Antigua and Barbuda or to any class of person that is comprised
in any such force.

(3) For the purpose of subsection (l)(e) of this section,

(a) two or more sentences of imprisonment that are required to be served consecutively shall be
regarded as separate sentences if none of those sentences exceeds twelve months but if any of such
sentences exceeds that term they shall be regarded as one sentence; and

(b) no account shall be taken of a sentence of imprisonment imposed as an alternative to or in default
of the payment of a fine.

40. (\) Each of the constituencies established in accordance with the provisions of section 62 of this
Constitu tion shall return one member to the House who shall be directly elected in such manner as
may, subject to the pro visions of this Constitution, be prescribed by or under any law.

(2) Every Commonwealth citizen of the age of eighteen years or upwards who possesses such
qualifications relating to residence or domicile in Antigua and Barbuda as Parlia ment may prescribe
shall, unless he is disqualified by any law from registration as a voter for the purpose of electing a
mem ber of the House, be entitled to be registered as such a voter in accordance with the provisions
of any law in that behalf and no other person may be registered.

(3) Every person who is registered as a voter in pur suance of subsection (2) of this section in any
constituency shall, unless he is disqualified by any law from voting in that constituency in any
election of members of the House, be entitled so to vote in accordance with the provisions of any law
in that behalf.

Election of members of the House.

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Tenure of seats of members of the House.

(4) In any election of members of the House the votes shall be exercised freely and shall be given by
secret ballot in such manner as Parliament may prescribe.

41. (1) Every member of the House shall vacate his seat in the House-

(a) at the next dissolution of Parliament after he has been elected;

(b) if he ceases to be a citizen;

(c) if he is absent from the sittings of the House for such period or periods and in such
circumstances as may be prescribed in the rules of procedure of the House;

(d) subject to the provisions of subsection (2) of this section, if any circumstances arise that, if
he were not a member of the House, would cause him to be disqualified from election as such by
virtue of section 39(1) of this Constitution; or

(e) if, having been elected to the House by virtue of being a member of a political party, he resigns
his party whip and withdraws his allegiance from that party:

Provided that he shall not be required to vacate his seat so long as he remains an independent member
of the House.

(2) (a) If circumstances such as are referred to in subsection (l)(d) of this section arise because
a member of the House is convicted of a felony or of any other offence involving dishonesty, sentenced
to death or imprisonment, adj udged to be of unsound mind, or declared bankrupt, or is convicted of
any offence relating to elections in circumstances that disqualify him for election to the House, and
if it is open to the member to appeal against the decision (either with the leave of a court or other
authority or without such leave), he shall forthwith cease to perform his functions as a member of the
House but, subject to the provision ofthis section, he shall not vacate his seat until the expiration
of a period of thirty days thereafter:

Provided that the Speaker may, at the request of the member from time to time, extend that period for
further periods of thirty days to enable the member to pursue an

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appeal against the deceision, so, however, that extensions of time exceeding in the aggregate one
hundred and fifty days shall not be given without the approval, signified by resolution, of the House.

(b) If on the determination of any appeal, such circumstances continue to exist and no further
appeal is open to the member, or if, by reason of the expiration of any period for entering an appeal
or notice thereof or the refusal ofleave to appeal or for any other reason, it ceases to be open to
the member to appeal, he shall forthwith vacate his seat.

(c) Ifat any time before the member of the House vacates his seat such circumstances as aforesaid
cease to exist, his seat shall not become vacant on the expiration of the period referred to in
paragraph (a) of this subsection and he may resume the performance of his functions as a member of the
House.

(3) Where an elected member of the House vacates his seat in the House pursuant to the provisions of
paragraph (b) to (e) of subsection (l) of this section or of subsection (2) of this section or where
the seat of an elected member of the House is vacant for any other reason except a dissolution of
Parliament, there shall be a by-election to fill the seat in the House vacated by that member and the
by-election shall be held not later than one hundred and twenty days after the day on which the seat
of the member of the House became vacant unless Parliament is sooner dissolved.

42. (J) When the House first meets after any general election and before it proceeds to the despatch
of any other business, it shall elect a person to be the Speaker; and if the office of Speaker falls
vacant at any time before the next dissolution of Parliament the House shall, as soon as practicable,
elect another person to that office.

(2) The Speaker may be elected either from among the members of the House or from among persons who
are not members of the House but are qualified to be elected as such.

(3) When the House first meets after any general elec tion, and before it proceeds to any other
business except the election of the Speaker, it shall elect a member of the House

Speaker and Deputy Speaker.