Commonwealth of Dominica Constitution Order 1978
| Jurisdiction | UK Non-devolved |
| Citation | SI 1978/1027 |
| Year | 1978 |
1978 No. 1027
DOMINICA
The Commonwealth of Dominica Constitution Order 197825thJuly 1978
3rdNovember 1978
At the Court at Buckingham Palace, the 25th day of July 1978
Present,
The Queen's Most Excellent Majesty in Council
Whereas the status of association of Dominica with the United Kingdom is to terminate on 3rd November 1978 and it is necessary to establish a new constitution for Dominica as a sovereign democratic republic within the Commonwealth styled the Commonwealth of Dominica:
And whereas the Associated State of Dominica has, by a resolution passed in the House of Assembly thereof on 12th July 1978, requested and consented to the making of this Order for that purpose:
Now, therefore, Her Majesty, by virtue and in exercise 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:—
Citation and commencement.
1.—(1) This Order may be cited as the Commonwealth of Dominica Constitution Order 1978.
(2) This Order shall come into operation on 3rd November 1978:
Provided that paragraph 3(8) of Schedule 2 shall come into operation forthwith.
Revocations.
2. The Dominica Constitution Order 1967(b), the Dominica Constitution (Amendment) Order 1971(c) and the Constitution (Ministerial Provisions) (Amendment) Act, 1975(d), which made provision for the constitution of the Associated State of Dominica, are revoked.
Establishment of Constitution.
3. The Constitution of the Commonwealth of Dominica set out in Schedule 1 to this Order shall come into effect in Dominica at the commencement of this Order subject to the transitional provisions set out in Schedule 2 to this Order.
N. E. Leigh, Clerk of the Privy Council.
(a) 1967 c. 4.
(b) S.I. 1967/226.
(c) S.I. 1971/714.
(d) Act No. 32 of 1975.
Section 3
SCHEDULE 1 TO THE ORDER
THE CONSTITUTION OF THE COMMONWEALTH OF DOMINICA
ARRANGEMENT OF SECTIONS
CHAPTER I
PROTECTION OF FUNDAMENTAL RIGHTS AND FREEDOMS
Section
1. Fundamental rights and freedoms.
2. Protection of right to life.
3. Protection of right to personal liberty.
4. Protection from slavery and forced labour.
5. Protection from inhuman treatment.
6. Protection from deprivation of property.
7. Protection from arbitrary search or entry.
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 of freedom of movement.
13. Protection from discrimination on the grounds of race, etc.
14. Derogations from s. 3 or s. 13 under emergency powers.
15. Protection of persons detained under emergency laws.
16. Enforcement of protective provisions.
17. Interpretation and savings.
CHAPTER II
THE PRESIDENT
18. Establishment of office.
19. Election.
20. Qualifications for nomination.
21. Disqualifications for election and holding office.
22. Determination of questions as to qualifications.
23. Tenure of office.
24. Removal from office.
25. Procedure for removal from office.
26. Oath.
27. Protection in respect of legal proceedings.
28. Acting President.
CHAPTER III
PARLIAMENT
PART 1
Establishment of Parliament
29. Composition.
30. Composition of House of Assembly.
31. Qualifications for Representatives and Senators.
32. Disqualifications for Representatives and Senators.
33. Election of Representatives.
34. Appointment or election of Senators.
35. Tenure of office of Representatives and Senators.
36. Speaker.
37. Deputy Speaker.
38. Responsibility for elections.
39. Clerk of House and his staff.
40. Determination of questions of membership.
PART 2
Legislation and procedure of Parliament
41. Power to make laws.
42. Alteration of Constitution and Supreme Court Order.
43. Freedom of speech.
44. Oath by members.
45. Presiding.
46. Voting.
47. Effect of vacancies, etc.
48. Penalty for sitting if unqualified.
49. Mode of exercise of legislative power.
50. Restrictions with regard to certain financial measures.
51. Scrutiny of electoral legislation.
52. Regulation of procedure in House.
PART 3
Summoning, prorogation and dissolution
53. Sessions.
54. Prorogation and dissolution.
55. Holding of elections.
PART 4
Constituency Boundaries and Electoral Commissions
56. Constituency Boundaries Commission and Electoral Commission.
PART 5
Delimitation of constituencies
57. Review of constituency boundaries.
CHAPTER IV
THE EXECUTIVE
58. Executive authority of Dominica.
59. Ministers of the Government.
60. Cabinet of Ministers.
61. Allocation of portfolios to Ministers.
62. Performance of functions of Ministers during absence or illness.
63. Exercise of President's functions.
64. President to be informed concerning matters of government.
65. Oaths to be taken by Ministers, etc.
66. Leader of the Opposition.
67. Parliamentary Secretaries.
68. Permanent secretaries.
69. Secretary to the Cabinet.
70. Constitution of offices, etc.
71. Attorney-General.
72. Control of public prosecutions.
73. Prerogative of mercy.
74. Advisory Committee on Prerogative of Mercy.
75. Functions of Advisory Committee.
CHAPTER V
FINANCE
76. Consolidated Fund.
77. Withdrawals from Consolidated Fund or other public funds.
78. Authorisation of expenditure from Consolidated Fund by appropriation law.
79. Authorisation of expenditure in advance of appropriation.
80. Contingencies Fund.
81. Remuneration of certain officers.
82. Public debt.
83. Audit of public accounts, etc.
CHAPTER VI
THE PUBLIC SERVICE
PART 1
The Public Service Commission
84. Public Service Commission.
85. Appointment, etc., of public officers.
PART 2
Appointment, etc., to particular offices
86. Appointment, etc., of permanent secretaries and certain other officers.
87. Chief Elections Officer.
88. Director of Public Prosecutions.
89. Director of Audit.
90. Appointment, etc., of magistrates, registrars and legal officers.
PART 3
The Police
91. Police Service Commission.
92. Appointment, etc., of police officers.
PART 4
The Public Service Board of Appeal
93. Public Service Board of Appeal.
94. Appeals in discipline cases.
PART 5
Pensions
95. Pensions laws and protection of pension rights.
96. Power to withhold pensions, etc.
CHAPTER VII
CITIZENSHIP
97. Persons who become citizens on 3rd November 1978.
98. Persons born in Dominica on or after 3rd November 1978.
99. Persons born outside Dominica on or after 3rd November 1978.
100. Registration.
101. Acquisition, deprivation and renunciation.
102. Interpretation.
CHAPTER VIII
JUDICIAL PROVISIONS
103. Original jurisdiction of High Court in constitutional questions.
104. Reference of constitutional questions to High Court.
105. Appeals to Court of Appeal.
106. Appeals to Judicial Committee.
107. Interpretation.
CHAPTER IX
PARLIAMENTARY COMMISSIONER
108. Appointment, etc. of Commissioner.
109. Deputy Parliamentary Commissioner and staff.
110. Functions of Commissioner.
111. Restrictions on matters for investigation.
112. Discretion of Commissioner.
113. Report on investigation.
114. Power to obtain evidence.
115. Prescribed matters concerning Commissioner.
CHAPTER X
MISCELLANEOUS
116. Declaration of republic.
117. Supreme law.
118. Functions of President.
119. Resignations.
120. Re-appointment and concurrent appointments.
121. Interpretation.
SCHEDULE 1
Alteration of Constitution and Supreme Court Order
PART I
Provisions of Constitution referred to in section 42(2)
PART II
Provisions of Supreme Court Order referred to in section 42(2)
SCHEDULE 2
Rules concerning constituencies
SCHEDULE 3
Matters not subject to investigation by Parliamentary Commissioner
WHEREAS the People of Dominica—
(a) have affirmed that the Commonwealth of Dominica is founded upon principles that acknowledge the supremacy of God, faith in fundamental human rights and freedoms, the position of the family in a society of free men and free institutions, the dignity of the human person, and the equal and inalienable rights with which all members of the human family are endowed by their Creator;
(b) respect the principles of social justice and therefore believe that the operation of the economic system should result in so distributing the material resources of the community as to subserve the common good, that there should be adequate means of livelihood for all, that labour should not be exploited or forced by economic necessity to operate in inhumane conditions but that there should be opportunity for advancement on the basis of recognition of merit, ability and integrity;
(c) have asserted their belief in a democratic society in which all persons may, to the extent of their capacity, play some part in the institutions of the national life and thus develop and maintain due respect for lawfully-constituted authority;
(d) recognise that men and institutions remain free only when freedom is founded upon respect for moral and spiritual values and the rule of law;
(e) desire that their Constitution should make provision for ensuring the protection in the Commonwealth of Dominica of fundamental human rights and freedoms;
NOW, THEREFORE, the following provisions shall have effect as the Constitution of the Commonwealth of Dominica:
CHAPTER I
PROTECTION OF FUNDAMENTAL RIGHTS AND FREEDOMS
Fundamental rights and freedoms.
1. Whereas every person in Dominica is entitled to the fundamental rights and freedoms, that is to say, the right, whatever his race, place of origins, 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 and the protection of the law;
(b) freedom of conscience, of expression and of assembly and association; and
(c) protection for the privacy of his home and other property and from deprivation of property without compensation,
the provisions of this Chapter shall have effect for the purpose of affording protection to those rights and freedoms...
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