Constitution of Antigua and Barbuda

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Constitution of Antigua and Barbuda
Overview
Jurisdiction Antigua and Barbuda
Date effective 1 November 1981
System Parliamentary monarchy
Government structure
Branches Executive
Legislative
Judicial
Head of state King of Antigua and Barbuda
Chambers Senate
House of Representatives
Executive Prime minister-led cabinet responsible to the House of Representatives
Judiciary See Judiciary of Antigua and Barbuda
Last amendedNever

The Constitution of Antigua and Barbuda is the supreme law that governs the country. The Constitution lays out the legal foundation for the Antigua and Barbuda government as well as the rights and obligations of the general public and other public servants. In 1981, the Constitution went into effect. The Antigua Constitution and Elections Order, as well as the Constitution of the Associated State of Antigua, are among the texts pertaining to Antigua and Barbuda's governance that have been superseded by the 1981 document.

Contents

Background and history

The Antigua Constitutional Conference took place from February 28, 1966 to March 25, 1966, when a consensus report was signed. The UK Parliament heard this report, which has been published as Cmnd. 2963. In general, the Conference decided that Britain and Antigua should form a new, free, voluntary association that either country could end at any time; Antigua should have complete autonomy over all internal affairs, with Britain handling defense and foreign affairs; the two governments would negotiate a plan outlining how Britain would carry out its defense and foreign affairs responsibilities; there would be extensive communication and significant delegation to the Antigua government in the area of external affairs. A consensus was also achieved over the elements that should be contained in a new Antiguan constitution; Cmnd. 2963 contains the specifics of this agreement. [1]

In accordance with section 10(2) of the West Indies Act 1967, the Antigua Termination of Association Order 1981 terminated the association status between the United Kingdom and Antigua. Any order made under this section must be authorized by a resolution from each House of Parliament after being brought before Parliament in draft form. When Richard Luce laid the order before the UK Parliament, topics discussed were the possibility of an attempted rebellion in Barbuda similar to that of the Republic of Anguilla, and the disapproval of Barbudans joining the new state. [2]

Provisions

Preamble

The preamble is part of the constitutional order. [3]

Chapters

Chapter I

According to this chapter, Antigua and Barbuda is a unitary sovereign democratic state. Its territory consists of the islands of Antigua, Barbuda, and Redonda as well as all other areas that made up Antigua as of October 31, 1981, as well as any additional areas that may be added by act of the legislature. [4] This chapter also establishes that the Constitution is the highest law of Antigua and Barbuda and that, subject to its provisions, if any other laws are in conflict with it, the conflicting laws shall be nullified to the extent that they do so. [5]

Chapter II

The Protection of Fundamental Rights and Freedoms of the Individual is addressed in Chapter II. Everyone in Antigua and Barbuda is entitled to the fundamental freedoms and rights of the individual, i.e., the freedom to live as one chooses, without regard to race, national origin, political opinions or affiliations, color of skin, creed, or sexual orientation, but only in accordance with other people's rights and interests. No one's life may be purposefully taken unless it is done so in accordance with a court's ruling about a treason or murder offense for which they have been found guilty. Except as may be permitted by law, no one's personal liberty may be taken away. No one may be kept in a state of slavery or servitude. This chapter acts as Antigua and Barbuda's bill of rights. [6]

Chapter III

This chapter regulates the office of Governor-General. The head of state may appoint a person to serve as the Governor-General of Antigua and Barbuda, who shall represent the head of state in Antigua and Barbuda and occupy office until His Majesty's pleasure. [7] When the position of Governor-General is unoccupied, the incumbent is not present in Antigua and Barbuda, or he or she is otherwise unable to carry out the duties of the office, the head of state may designate another person to fill the vacancy. In this chapter, the position of Deputy Governor-General is also defined. [7]

Chapter IV

In and for Antigua and Barbuda, this chapter establishes a Parliament that will be made up of His Majesty, a Senate, and a House of Representatives. The Senate must be made up of seventeen people who meet the requirements for appointment as senators under the terms of the Constitution and who have been so appointed under the terms of section 28, as well as any temporary members (if any) who may be appointed under the terms of section 32 of the Constitution. Prior to conducting any other business, the Senate must elect a senator to serve as president when it convenes following a general election. If the position of president becomes vacant at any point before the next dissolution of Parliament, the Senate must elect a new senator to serve in that capacity as soon as is practically possible. [8]

The House is composed, subject to the provisions of section 36, of such number of elected members as may be prescribed by or under any Act of Parliament, subject to the provisions of the Constitution, be equal to the number of constituencies from time to time established by Order under Part 4 of this Chapter. [8]

Chapter V

This chapter confirms that His Majesty is the executive authority of Antigua and Barbuda. The Governor-General may, directly or through persons reporting to him, exercise the executive authority of Antigua and Barbuda on behalf of His Majesty, subject to the provisions of this Constitution. This clause does not exclude Parliament from assigning duties to individuals or bodies other than the Governor-General. This chapter is significant since it specifies that the Governor-General will appoint the Prime Minister of Antigua and Barbuda. [9]

Chapter VI

This chapter stipulates that all revenues and other funds raised or received by Antigua and Barbuda must be deposited into and form a Consolidated Fund. These funds cannot be used to pay into any other fund that has been established for a specific purpose or that is required by or under any current Antigua and Barbuda law. Importantly, it is established that no money may be taken out of the Consolidated Fund unless it is required to pay for expenses imposed on the Fund by the Constitution, a law passed by Parliament, or a law made in accordance with section 93 of the Constitution that authorizes the use of such funds. [10]

Chapter VII

The Public Service Commission for Antigua and Barbuda is established by this chapter. It will have a chairman and two to six other members who will be appointed by the Governor-General, acting on the Prime Minister's advice. However, the Prime Minister will first confer with the leader of the Opposition before submitting any advice to the Governor-General for the purposes of this subsection. [11]

Chapter VIII

The Antiguan and Barbudan nationality law is covered in this chapter. From November 1, 1981, onwards, an individual will only be considered a citizen of Antigua and Barbuda for the purposes of any legislation. [12]

Chapter IX

This chapter states that anyone who claims that any provision of the Constitution (other than a Chapter II provision) has been or is being violated may, if he has a relevant interest, apply to the High Court for a declaration and for relief under this section, subject to the provisions of sections 25(2), 47(8)(b), 56(4), 65(5), 124(7)(b), and 124 of the Constitution. [13]

Chapter X

The Barbuda Council, some matters not to be inquired into in any court, resignations, reappointments and concurrent appointments, and interpretations are all covered in this chapter on miscellaneous matters. [14]

Related Research Articles

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The politics of Antigua and Barbuda takes place in a framework of a unitary parliamentary representative democratic monarchy, wherein the sovereign of Antigua and Barbuda is the head of state, appointing a governor-general to act as vice-regal representative in the nation. A prime minister is appointed by the governor-general as the head of government, and of a multi-party system; the prime minister advises the governor-general on the appointment of a Council of Ministers. Executive power is exercised by the government. Legislative power is vested in both the government and the two chambers of the Parliament. The bicameral Parliament consists of the Senate and the House of Representatives.

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The governor-general of Antigua and Barbuda is the representative of the monarch of Antigua and Barbuda, currently King Charles III. The official residence of the governor-general is Government House.

<span class="mw-page-title-main">Prime Minister of Antigua and Barbuda</span> Head of government of Antigua and Barbuda

The prime minister of Antigua and Barbuda is the head of government of the Antigua and Barbuda. The prime minister of Antigua and Barbuda is appointed by the Governor-General under the terms of the Constitution.

<span class="mw-page-title-main">Parliament of Antigua and Barbuda</span> Bicameral legislature of Antigua and Barbuda

The Parliament of Antigua and Barbuda consists of the King of Antigua and Barbuda, the Senate and the House of Representatives.

<span class="mw-page-title-main">House of Representatives (Antigua and Barbuda)</span> Lower house of the legislature of Antigua and Barbuda

The House of Representatives of Antigua and Barbuda is the lower chamber of the country's bicameral parliament. Each of the constituencies created in accordance with section 62 of the Constitution shall elect one representative to the House in a direct election in accordance with the procedures specified by or pursuant to any law, subject to the rules of this Constitution. Unless he is prohibited by law from registration as a voter for the purpose of electing a member of the House, every Commonwealth citizen who is eighteen years of age or older and who meets the requirements relating to residence or domicile in Antigua and Barbuda as prescribed by Parliament is entitled to be registered as such a voter in accordance with the provisions of any law in that regard, and no other person may be registered. Every person who is registered to vote in any constituency shall, unless prohibited from doing so by any law, be entitled to vote in accordance with the provisions of any law in that regard in any election of members of the House in that constituency. Voting is free and must be done by secret ballot in accordance with any rules that Parliament may impose during House member elections.

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The Senate is the Upper House of Parliament of Antigua and Barbuda. It consists of 17 members appointed by the Governor General. Ten members are appointed on the advice of the Prime Minister, four on the advice of the Leader of the Opposition, one on the advice of the Barbuda Council, one resident of Barbuda on the advice of the Prime Minister, and one at the Governor General's discretion. Subject to the provisions of Section 30 of the Constitution, any person who at the time of his appointment: is a citizen; is twenty-one years of age or older; has lived in Antigua and Barbuda for the twelve months immediately prior to the date of his appointment; and is able to speak and, unless disabled by blindness or another physical condition, to read the English language with enough proficiency to allow him to take an active part in the proceedings.

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The monarchy of Antigua and Barbuda is a system of government in which a hereditary monarch is the sovereign and head of state of Antigua and Barbuda. The current Antiguan and Barbudan monarch and head of state, since 8 September 2022, is King Charles III. As sovereign, he is the personal embodiment of the Crown of Antigua and Barbuda. Although the person of the sovereign is equally shared with 14 other independent countries within the Commonwealth of Nations, each country's monarchy is separate and legally distinct. As a result, the current monarch is officially titled King of Antigua and Barbuda and, in this capacity, he and other members of the Royal Family undertake public and private functions domestically and abroad as representatives of Antigua and Barbuda. However, the King is the only member of the Royal Family with any constitutional role.

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President of the Senate of Antigua and Barbuda is the presiding officer in the Senate of Antigua and Barbuda. Prior to conducting any other business, the Senate must elect a senator to serve as president when it convenes following a general election.

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<span class="mw-page-title-main">Cabinet of Antigua and Barbuda</span> Executive branch of the government of Antigua and Barbuda

The Cabinet of Antigua and Barbuda is the executive branch of the government of Antigua and Barbuda. Section 70(1) of the Constitution establishes the Cabinet. The Cabinet is made up of the Prime Minister and as many other Ministers as the Prime Minister deems necessary, one of whom will be the Attorney-General and will be nominated in accordance with section 69 of the Constitution. Only the Prime Minister or, in his absence, the Minister the Prime Minister appoints in that regard, may call the Cabinet to order.

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The Barbuda Land Acts establishes that the citizens of Barbuda communally own the land. The act specifies that residents must provide consent for major development projects on the island. The Government of Antigua and Barbuda passed the act on January 17, 2008.

Antiguan and Barbudan nationality law is regulated by the 1981 Constitution of Antigua and Barbuda, the various Antigua and Barbuda Citizenship Acts, the Millennium Naturalisation Act of 2004, and various British Nationality laws. These laws determine who is, or is eligible to be, a national of Antigua and Barbuda. Antiguan and Barbudan nationality is typically obtained either on the principle of jus soli, i.e. by birth in Antigua and Barbuda; or under the rules of jus sanguinis, i.e. by birth abroad to a parent with Antiguan or Barbudan nationality. It can also be granted to persons with an affiliation to the country, by investment in the country's development, or to a permanent resident who has lived in the country for a given period of time through naturalisation. Nationality establishes one's international identity as a member of a sovereign nation. Though it is not synonymous with citizenship, rights granted under domestic law for domestic purposes, the United Kingdom, and thus the commonwealth, has traditionally used the words interchangeably.

Royal tours of Antigua and Barbuda by its royal family have been taking place since the 20th century. Elizabeth II, Queen of Antigua and Barbuda, visited the country thrice: 1966, 1977, and 1985.

The Supreme Audit Institution of Antigua and Barbuda, co-officially known as the Office of the Director of Audit is the supreme audit institution of Antigua and Barbuda, and as such, assists the Parliament in holding the government accountable in management of the country's finances and operations. The institution describes itself as "an independent, constitutionally established office that exists to serve Parliament."

The collaboration of numerous institutions, including law enforcement, military, paramilitary, governmental, and intelligence agencies that seek to ensure Antigua and Barbuda's national security.

<span class="mw-page-title-main">Judiciary of Antigua and Barbuda</span>

The judiciary of Antigua and Barbuda is an independent branch of the Antiguan and Barbudan government, subject to the Constitution of Antigua and Barbuda. Even though the Office of the Attorney General in the executive branch appoints magistrates, the judicial branch is mostly independent of the other two branches. The Magistrate's Court handles minor offenses, while the High Court handles major ones, makes up the judiciary. A matter must be sent to the Eastern Caribbean States Supreme Court, whose members are chosen by the OECS, in order to move past the High Court. The heads of state in the OECS system must unanimously approve any appointments or removals of Supreme Court magistrates. The attorney general's advice is the basis for the prime minister of Antigua and Barbuda's decision-making on this court.

References

  1. ↑ "ANTIGUA (Hansard, 3 May 1966)". api.parliament.uk. Retrieved 2023-10-29.
  2. ↑ "Antigua (Termination of Association) (Hansard, 8 July 1981)". api.parliament.uk. Retrieved 2023-10-29.
  3. ↑ "Antigua and Barbuda: Constitution, 1981" (PDF). laws.gov.ag. Retrieved 2023-10-30.
  4. ↑ "Antigua and Barbuda: Constitution, 1981" (PDF). laws.gov.ag. Retrieved 2023-10-30.
  5. ↑ "Antigua and Barbuda: Constitution, 1981 Chapter I" (PDF). laws.gov.ag. Retrieved 2023-10-30.
  6. ↑ "Antigua and Barbuda: Constitution, 1981 Chapter II" (PDF). laws.gov.ag. Retrieved 2023-10-30.
  7. 1 2 "Antigua and Barbuda: Constitution, 1981 Chapter III" (PDF). laws.gov.ag. Retrieved 2023-10-30.
  8. 1 2 "Antigua and Barbuda: Constitution, 1981 Chapter IV" (PDF). laws.gov.ag. Retrieved 2023-10-30.
  9. ↑ "Antigua and Barbuda: Constitution, 1981 Chapter V" (PDF). laws.gov.ag. Retrieved 2023-10-30.
  10. ↑ "Antigua and Barbuda: Constitution, 1981 Chapter VI" (PDF). laws.gov.ag. Retrieved 2023-10-30.
  11. ↑ "Antigua and Barbuda: Constitution, 1981 Chapter VII" (PDF). laws.gov.ag. Retrieved 2023-10-30.
  12. ↑ "Antigua and Barbuda: Constitution, 1981" (PDF). laws.gov.ag. Retrieved 2023-10-30.
  13. ↑ "Antigua and Barbuda: Constitution, 1981" (PDF). laws.gov.ag. Retrieved 2023-10-30.
  14. ↑ "Antigua and Barbuda: Constitution, 1981 Chapter X" (PDF). laws.gov.ag. Retrieved 2023-10-30.

General and cited references

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