The law of Antigua and Barbuda consists of constitutional, statutory, and common law. The highest law in the country is the Constitution of Antigua and Barbuda, from which all other laws of the country derive their authority. Antigua and Barbuda has a Westminster style common law legal system with a written constitution that provides for a parliamentary democracy. Antigua and Barbuda has a system of judicial review of primary legislation.
The Constitution of Antigua and Barbuda was adopted by the Antigua and Barbuda Constitution Order of 1981, going into force on 1 November. The Constitution is the source of power of the executive branch, the judicial branch, and the legislative branch. The Antigua and Barbuda High Court and other superior courts exercise the power of judicial review and may strike down legislation they deem illegal. The Constitution may only be amended by referendum after the approval of both houses of Parliament. Only citizens of Antigua and Barbuda may vote in these referendums. [1]
Statute law is made by Parliament. Acts of the Parliament of Antigua and Barbuda are numbered by year, and are usually divided into sections. [2] Bills may be introduced in either house of parliament, except for money bills that may only be introduced in the House of Representatives. All laws that were in effect in the Associated State of Antigua were transferred to the newly independent-Antigua and Barbuda, unless they were incompatible with the Constitution. As the country underwent a change of the official name, the governor-general was permitted for one year to amend any legislation that did not the new country's name in it. [1] The statute law of Antigua and Barbuda includes legislation passed by the former Parliament of Antigua (1967–1981) and the former Legislative Council of Antigua (–1967). [2]
Parliament may not amend the Barbuda Local Government Act without the consent of the Barbuda Council through a resolution, under section 123 of the Constitution. [3]
According to section 46 of the Constitution, Parliament may make laws for the country. Parliament has delegated the ability to make legislation to various agencies and entities, this legislation being known as statutory instruments. [4] In addition, by-laws may be made under an act of parliament, such as by-laws of the Barbuda Council. [5]
Common law was extended to Antigua and Barbuda by the Common Law (Declaration of Application) Act, 1705. [6] Under the Constitution, any person may appeal to the High Court if they deem that portions of the Constitution are being violated. Questions may also be referred to the High Court if a subordinate court believes that a ruling would have a significant impact on the law. [7] Decisions may be appealed to the Supreme Court of the Eastern Caribbean Supreme Court, and, further, to the Judicial Committee of the Privy Council. [8]
The Statute of Westminster 1931 is an act of the Parliament of the United Kingdom that sets the basis for the relationship between the Dominions and the Crown.
The law of the Republic of Ireland consists of constitutional, statutory, and common law. The highest law in the State is the Constitution of Ireland, from which all other law derives its authority. The Republic has a common-law legal system with a written constitution that provides for a parliamentary democracy similar to the British parliamentary system, albeit with a popularly elected president, a separation of powers, a developed system of constitutional rights and judicial review of primary legislation.
The current Constitution of France was adopted on 4 October 1958. It is typically called the Constitution of the Fifth Republic(French: la Constitution de la Cinquième République), and it replaced the Constitution of the Fourth Republic of 1946 with the exception of the preamble per a 1971 decision of the Constitutional Council. The current Constitution regards the separation of church and state, democracy, social welfare, and indivisibility as core principles of the French state.
The Australia Act 1986 is the short title of each of a pair of separate but related pieces of legislation: one an act of the Parliament of Australia, the other an act of the Parliament of the United Kingdom. In Australia they are referred to, respectively, as the Australia Act 1986 (Cth) and the Australia Act 1986 (UK). These nearly identical Acts were passed by the two parliaments, because of uncertainty as to whether the Commonwealth Parliament alone had the ultimate authority to do so. They were enacted using legislative powers conferred by enabling acts passed by the parliaments of every Australian state. The acts came into effect simultaneously, on 3 March 1986.
The Constitutional Council is the highest constitutional authority in France. It was established by the Constitution of the Fifth Republic on 4 October 1958 to ensure that constitutional principles and rules are upheld. It is housed in the Palais-Royal in Paris. Its main activity is to rule on whether proposed statutes conform with the Constitution, after they have been voted by Parliament and before they are signed into law by the president of the republic, or passed by the government as a decree, which has law status in many domains, a right granted to the government under delegation of Parliament.
The legal system of Australia has multiple forms. It includes a written constitution, unwritten constitutional conventions, statutes, regulations, and the judicially determined common law system. Its legal institutions and traditions are substantially derived from that of the English legal system, which superseded Indigenous Australian customary law during colonisation. Australia is a common-law jurisdiction, its court system having originated in the common law system of English law. The country's common law is the same across the states and territories.
The constitution of New Zealand is the sum of laws and principles that determine the political governance of New Zealand. Unlike many other nations, New Zealand has no single constitutional document. It is an uncodified constitution, sometimes referred to as an "unwritten constitution", although the New Zealand constitution is in fact an amalgamation of written and unwritten sources. The Constitution Act 1986 has a central role, alongside a collection of other statutes, orders in Council, letters patent, decisions of the courts, principles of the Treaty of Waitangi, and unwritten traditions and conventions. There is no technical difference between ordinary statutes and law considered "constitutional law"; no law is accorded higher status. In most cases the New Zealand Parliament can perform "constitutional reform" simply by passing acts of Parliament, and thus has the power to change or abolish elements of the constitution. There are some exceptions to this though – the Electoral Act 1993 requires certain provisions can only be amended following a referendum.
The Parliament of Antigua and Barbuda consists of the King of Antigua and Barbuda, the Senate and the House of Representatives.
The law of Northern Ireland is the legal system of statute and common law operating in Northern Ireland since the partition of Ireland established Northern Ireland as a distinct jurisdiction in 1921. Before 1921, Northern Ireland was part of the same legal system as the rest of Ireland.
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.
There are three general sources of Singapore law: legislation, judicial precedents, and custom.
The Constitution of Australia is the fundamental law that governs the political structure of Australia. It is a written constitution, that establishes the country as a federation under a constitutional monarchy governed with a parliamentary system. Its eight chapters sets down the structure and powers of the three constituent parts of the federal level of government: the Parliament, the Executive Government and the Judicature.
The Interpretation Act 1889 was an act of the Parliament of the United Kingdom that consolidated enactments relating to statutory construction and provided definitions to shorten the language used in acts of Parliament.
The Government of Antigua and Barbuda (GOAB), is a unitary constitutional monarchy, where the Monarch of Antigua and Barbuda serves as the head of state, represented by the Governor-General of Antigua and Barbuda, and the Prime Minister of Antigua and Barbuda serves as the head of government.
Legal interpretation in South Africa refers to the juridical understanding of South African legislation and case law, and the rules and principles used to construct its meaning for judicial purposes. Broadly speaking there are three means by which and through which South African scholars and jurists construe their country's statutory law: linguistics or semantics, common law and jurisprudence. Although statutory interpretation usually involves a personal predisposition to the text, the goal is generally to "concretise" it: to harmonise text and purpose. This is the final step in the interpretative process. Statutory interpretation is broadly teleological, comprising as it does first the evaluation and then the application of enacted law.
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.
The Constitution of New South Wales is composed of both unwritten and written elements that set out the structure of Government in the State of New South Wales. While the most important parts are codified in the Constitution Act 1902, major parts of the broader constitution can also be found in:
The national security of Antigua and Barbuda is the collaboration of numerous institutions, including law enforcement, military, paramilitary, governmental, and intelligence agencies that seek to ensure Antigua and Barbuda's national security.
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 Court of Appeal in the Eastern Caribbean 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.
Certain justices of the High Court of Justice of the Eastern Caribbean Supreme Court (ECSC) are assigned to hear cases from Antigua and Barbuda. Officially, the division of this court in Antigua and Barbuda is called the High Court of Justice in Antigua and Barbuda, however, the Antigua and Barbuda High Court (ABHC) is an acceptable and more common term.