Antigua Constitution Order 1967
| Jurisdiction | UK Non-devolved |
| Citation | SI 1967/225 |
| Year | 1967 |
1967 No. 225
ASSOCIATED STATES
The Antigua Constitution Order 196722ndFebruary 1967
27thFebruary 1967
At the Court at Buckingham Palace, the 22nd day of February 1967
Present, The Queen's Most Excellent Majesty in Council
WHEREAS at a Constitutional Conference held in London in February and March 1966 proposals were agreed between Her Majesty's Government in the United Kingdom and the Government of Antigua under which a new status of association with the United Kingdom should be conferred upon Antigua:
AND WHEREAS proposals were also agreed at the said Conference for a new Constitution for Antigua to come into effect at the commencement of the status of association of Antigua with the United Kingdom:
AND WHEREAS the Report of the said Conference was presented to the Parliament of the United Kingdom:
AND WHEREAS the legislature of Antigua has approved the proposals in that Report:
AND WHEREAS the West Indies Act 1967(a), the text of which is set out in the Annex to this Order, provides, inter alia, for the conferment of the status of association with the United Kingdom and enables that status to be terminated at any time and makes provision for other matters in connection with or consequential upon the creation or termination of that status:
AND WHEREAS by virtue of section 5 of the said Act Her Majesty has power to provide a new Constitution for Antigua:
NOW, THEREFORE, Her Majesty is pleased, by and with the advice of Her Privy Council, to order, and it is hereby ordered, as follows:—
(a) 1967 c. 4.
Citation and commencement.
1.—(1) This Order may be cited as the Antigua Constitution Order 1967.
(2) This Order shall come into operation on 27th February 1967.
Revocations.
2. The instruments mentioned in Schedule 1 to this Order are revoked to the extent therein specified.
Establishment of Constitution.
3. Subject to the provisions of this Order, the Constitution of Antigua set out in Schedule 2 to this Order shall come into effect in Antigua at the commencement of this Order:
Provided that Chapter VII of the Constitution shall come into effect on the date appointed in accordance with section 94 of the Constitution.
W. G. Agnew.
Section 2
SCHEDULE 1 TO THE ORDER
INSTRUMENTS REVOKED BY THIS ORDER
Instrument Reference Extent of Revocation
The Antigua Letters (S.I. 1959 II, p. 3359 The whole instrument
Patent 1959
The Constitution and Laws of Antigua, Part II
Elections Ordinance Revised Edition
of Antigua c. 171
The Windward Islands S.I. 1959/2198 The whole Order so
and Leeward Islands (1959 I, p. 558) far as it applies to
(Police Service Com- Antigua
mission) Order in
Council 1959
Section 3
SCHEDULE 2 TO THE ORDER
THE CONSTITUTION OF ANTIGUA
ARRANGEMENT OF SECTIONS
CHAPTER I
PROTECTION OF FUNDAMENTAL RIGHTS AND FREEDOMS
Section
1. Fundamental rights and freedoms of the individual.
2. Protection of right to life.
3. Protection of right to personal liberty.
4. Protection of freedom of movement.
5. Protection from inhuman treatment.
6. Compulsory acquisition of property.
7. Protection for privacy of home and other property.
8. Provisions to secure protection of law.
9. Protection of freedom of conscience.
10. Protection of freedom of expression.
11. Protection of freedom of assembly and association.
12. Protection from discrimination on the grounds of race, etc.
13. Derogations from fundamental rights and freedoms under emergency powers.
14. Protection of persons detained under emergency laws.
15. Enforcement of protective provisions.
16. Interpretation and savings.
CHAPTER II
THE GOVERNOR
17. Establishment of office of Governor.
18. Oaths to be taken by Governor.
19. Acting Governor.
20. Deputy to Governor.
21. Public Seal.
CHAPTER III
PARLIAMENT
PART 1
Establishment and Composition of Parliament
22. Establishment of Parliament.
The Senate
23. Composition of the Senate.
24. Qualifications of Senators.
25. Disqualifications of Senators.
26. Tenure of office of Senators.
27. Appointment of temporary Senators.
28. President and Vice-President of Senate.
29. Attendance of Attorney-General at proceedings of Senate.
The House of Representatives
30. Composition of House of Representatives.
31. Qualifications for election as member.
32. Disqualifications for election as member.
33. Tenure of seats of members of House of Representatives.
34. Speaker and Deputy Speaker.
35. Tenure of office of Speaker and Deputy Speaker and performance of their functions in certain events.
36. Qualifications and disqualifications of electors.
PART 2
Powers and Procedure of Parliament, etc.
37. Power to make laws.
38. Alteration of this Constitution and certain other laws.
39. Oath of allegiance.
40. Presiding in Senate and House of Representatives.
41. Voting.
42. Quorum.
43. Mode of exercising legislative power.
44. Introduction of bills, etc.
45. Restriction on powers of Senate as to money bills.
46. Restriction on powers of Senate as to bills other than money bills.
47. Provisions relating to sections 44, 45 and 46.
48. Regulation and procedure of Houses of Parliament.
49. Freedom of speech in proceedings of Parliament.
50. Unqualified persons sitting or voting.
51. Determination of questions of membership.
PART 3
Summoning, Prorogation and Dissolution
52. Sessions of Parliament.
53. Prorogation and dissolution of Parliament.
54. General elections and appointment of Senators.
PART 4
Constituencies
55. Number of constituencies.
56. Constituencies Commission.
57. Composition of Constituencies Commission.
58. Report by Commission.
59. Procedure upon report.
CHAPTER IV
THE EXECUTIVE
60. Executive authority of Antigua.
61. Cabinet.
62. Ministers of the Government of Antigua.
63. Tenure of office of Premier and Ministers.
64. Performance of functions of Premier during absence or illness.
65. Assignment of portfolios.
66. Summoning of Cabinet.
67. Parliamentary Secretaries.
68. Oaths to be taken by Ministers.
69. Exercise of Governor's functions.
70. Governor to be informed concerning matters of government.
71. Attorney-General.
72. Director of Public Prosecutions.
73. Prerogative of mercy.
CHAPTER V
FINANCE
74. Establishment of Treasury Fund.
75. Withdrawal from Treasury Fund or other public funds.
76. Annual Appropriation Act.
77. Authorisation of expenditure in advance of appropriation.
78. Contingencies Fund.
79. Remuneration of Governor and certain other officers.
80. Establishment of office and functions of Chief Auditor.
81. Public debt.
CHAPTER VI
THE PUBLIC SERVICE
82. Public Service Commission.
83. Appointments, etc., of public officers.
84. Appointment of permanent secretaries, etc.
85. Appointment, etc., of Director of Public Prosecutions.
86. Appointment, etc., of Chief Auditor.
87. Appointment, etc., of Magistrates.
88. Police Service Commission.
89. Appointment, etc., of police officers.
90. Removal from certain offices.
91. Review of decisions in disciplinary cases.
92. Pensions laws and protection of pensions rights.
93. Power to withhold pensions, etc.
CHAPTER VII
CITIZENSHIP
94. Commencement.
95. Persons who become citizens on the appointed date.
96. Persons entitled to be registered as citizens.
97. Persons naturalised or registered before the appointed date.
98. Acquisition of citizenship by birth or descent by persons born after the appointed date.
99. Marriage to citizen of Antigua.
100. Powers of Parliament.
101. Interpretation.
CHAPTER VIII
JUDICIAL PROVISIONS
102. Original jurisdiction of High Court in constitutional questions.
103. Reference of constitutional questions to High Court.
104. Appeals to Court of Appeal.
105. Appeals to H.M. in Council.
106. Interpretation.
CHAPTER IX
TRANSITIONAL PROVISIONS
107. Existing laws.
108. The House of Representatives.
109. First Cabinet.
110. Existing public officers.
111. Termination of Emergency Powers Order in Council.
CHAPTER X
MISCELLANEOUS
112. Resignations.
113. Re-appointments and concurrent appointments.
114. Certain questions not to be enquired into in any court.
115. Interpretation.
CHAPTER I
PROTECTION OF FUNDAMENTAL RIGHTS AND FREEDOMS
Fundamental rights and freedoms of the individual.
1. Whereas every person in Antigua is entitled to the fundamental rights and freedoms of the individual, that is to say, the right, whatever his race, place of origin, political opinions, 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 following, namely:—
(a) life, liberty, security of the person, the enjoyment of property and the protection of the law;
(b) freedom of conscience, of expression and of peaceful assembly and association; and
(c) respect for his private and family life,
the subsequent 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 protection as are contained in those provisions, being limitations 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.
Protection of right to life.
2.—(1) No person shall be deprived of his life intentionally save in execution of the sentence of a court in respect of a criminal offence under the law of Antigua 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 in 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;
(b) in order to effect a lawful arrest or to prevent the escape of a person lawfully detained;
(c) for the purpose of suppressing a riot, insurrection or mutiny; or
(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.
Protection of right to personal liberty.
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