Saint Lucia Constitution Order 1978

JurisdictionUK Non-devolved
CitationSI 1978/1901

1978 No. 1901

SAINT LUCIA

The Saint Lucia Constitution Order 1978

20thDecember 1978

22ndFebruary 1979

At the Court at Buckingham Palace, the 20th day of December 1978

Present,

The Queen's Most Excellent Majesty in Council

Whereas the status of association of Saint Lucia with the United Kingdom is to terminate on 22nd February 1979 and it is necessary to establish a new constitution for Saint Lucia upon its attainment of fully responsible status within the Commonwealth:

And whereas the Associated State of Saint Lucia has, by a resolution passed in the House of Assembly thereof on 24th October 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 Saint Lucia Constitution Order 1978.

(2) This Order shall come into operation on 22nd February 1979.

Revocation.

2. The Saint Lucia Constitution Order 1967(b), which made provision for the constitution of the Associated State of Saint Lucia, is revoked.

Establishment of Constitution.

3. The Constitution of Saint Lucia set out in Schedule 1 to this Order shall come into effect in Saint Lucia 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. 1967/229.

Section 3

SCHEDULE 1 TO THE ORDER

THE CONSTITUTION OF SAINT LUCIA

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. Emergency powers.

15. Protection of persons detained under emergency laws.

16. Enforcement of protective provisions.

17. Declaration of emergency.

18. Interpretation and savings.

CHAPTER II

THE GOVERNOR-GENERAL

19. Establishment of office.

20. Acting Governor-General.

21. Oaths.

22. Deputy to Governor-General.

CHAPTER III

PARLIAMENT

Composition of Parliament

23. Establishment.

The Senate

24. Composition.

25. Qualifications.

26. Disqualifications.

27. Tenure of office.

28. Inability.

29. President and Deputy President.

The House of Assembly

30. Composition.

31. Qualifications for election.

32. Disqualifications for election.

33. Elections.

34. Tenure of office.

35. Speaker.

36. Deputy Speaker.

37. Responsibility for elections.

General provisions

38. Clerks of Senate and House of Assembly and their staff.

39. Determination of questions of membership.

PART 2

Legislation and procedure of Parliament

40. Power to make laws.

41. Alteration of Constitution and Supreme Court Order.

42. Freedom of speech.

43. Oath by members.

44. Presiding.

45. Voting.

46. Penalty for sitting if unqualified.

47. Mode of exercise of legislative power.

48. Restrictions with regard to certain financial measures.

49. Restriction on powers of Senate as to money bills.

50. Restriction on powers of senate as to bills other than money bills.

51. Provisions relating to ss. 48, 49 and 50.

52. Scrutiny of electoral legislation.

53. Regulation of procedure.

PART 3

Summoning, prorogation and dissolution

54. Sessions.

55. Prorogation and dissolution.

56. Holding of elections.

PART 4

Constituency Boundaries and Electoral Commissions

Section

57. Constituency Boundaries Commission and Electoral Commission.

PART 5

Delimitation of constituencies

58. Review of constituency boundaries.

CHAPTER IV

THE EXECUTIVE

59. Executive authority.

60. Ministers of the Government.

61. Cabinet of Ministers.

62. Allocation of portfolios to Ministers.

63. Performance of functions of Ministers during absence or illness.

64. Exercise of Governor-General's functions.

65. Governor-General to be informed concerning matters of government.

66. Oaths to be taken by Ministers, etc.

67. Leader of the Opposition.

68. Parliamentary Secretaries.

69. Permanent secretaries.

70. Secretary to the Cabinet.

71. Constitution of offices, etc.

72. Attorney-General.

73. Control of public prosecutions.

74. Prerogative of mercy.

75. Committee on Prerogative of Mercy.

76. Procedure in capital cases.

CHAPTER V

FINANCE

77. Consolidated Fund.

78. Withdrawals from Consolidated Fund or other public funds.

79. Authorisation of expenditure from Consolidated Fund by appropriation law.

80. Authorisation of expenditure in advance of appropriation.

81. Contingencies Fund.

82. Remuneration of certain officers.

83. Public debt.

84. Audit of public accounts, etc.

CHAPTER VI

THE PUBLIC SERVICE

PART 1

The Public Service Commission

Section

85. Public Service Commission.

86. Appointment, etc., of public officers.

PART 2

Appointment, etc., to particular offices

87. Appointment, etc., of permanent secretaries and certain other officers.

88. Chief Elections Officer.

89. Director of Public Prosecutions.

90. Director of Audit.

91. Appointment, etc., of magistrates, registrars and legal officers.

PART 3

The Teaching Service Commission

92. Teaching Service Commission.

93. Appointment, etc., of teachers.

PART 4

The Police

94. Police Force.

PART 5

The Public Service Board of Appeal

95. Public Service Board of Appeal.

96. Appeals in discipline cases.

PART 6

Pensions

97. Pensions laws and protection of pension rights.

98. Power to withhold pensions, etc.

CHAPTER VII

CITIZENSHIP

99. Persons who become citizens on 22nd February 1979.

100. Persons born in Saint Lucia on or after 22nd February 1979.

101. Persons born outside Saint Lucia on or after 22nd February 1979.

102. Registration.

103. Acquisition, deprivation and renunciation.

104. Interpretation.

CHAPTER VIII

JUDICIAL PROVISIONS

Section

105. Original jurisdiction of High Court in constitutional questions.

106. Reference of constitutional questions to High Court.

107. Appeals to Court of Appeal.

108. Appeals to Her Majesty in Council.

109. Interpretation.

CHAPTER IX

PARLIAMENTARY COMMISSIONER

110. Appointment, etc. of Commissioner.

111. Deputy Parliamentary Commissioner.

112. Functions of Commissioner.

113. Restrictions on matters for investigation.

114. Discretion of Commissioner.

115. Report on investigation.

116. Power to obtain evidence.

117. Prescribed matters concerning Commissioner.

CHAPTER X

MISCELLANEOUS

118. The Integrity Commission.

119. Declaration of assets.

120. Supreme law.

121. Functions of Governor-General.

122. Resignations.

123. Re-appointment and concurrent appointments.

124. Interpretation.

SCHEDULE 1

Alteration of Constitution and Supreme Court Order

PART I

Provisions of Constitution referred to in section 41(2)

PART II

Provisions of Supreme Court Order referred to in section 41(2)

SCHEDULE 2

Rules concerning constituencies

SCHEDULE 3

Matters not subject to investigation by Parliamentary Commissioner

WHEREAS the People of Saint Lucia—

(a) affirm their faith in the supremacy of the Almighty God;

(b) believe that all persons have been endowed equally by God with inalienable rights and dignity;

(c) recognise that the enjoyment of these rights depends upon certain fundamental freedoms namely, freedom of the person, of thought, of expression, of communication, of conscience and of association;

(d) maintain that these freedoms can only be safeguarded by the rule of law;

(e) realise that human dignity requires respect for spiritual values; for private family life and property; and the enjoyment of an adequate standard of economic and social well-being dependent upon the resources of the State;

(f) respect the principles of social justice and therefore believe that the operation of the economic system should result in the material resources of the community being so distributed 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;

(g) express their commitment to democracy, in particular the principle of a government freely elected on the basis of universal adult suffrage.

(h) consider that individually, each person has duties towards every other and to the community and is under obligation to observe and promote the rights, freedoms and values recognised in this Constitution;

(i) pledge their support for international peace and security, for friendly relations among nations and the promotion of universal respect for human rights and freedoms; and their co-operation in solving by peaceful means international problems of an economic, social or political character;

(j) desire that this Constitution shall reflect and make provision for ensuring and protecting these rights, freedoms and values.

NOW, THEREFORE, the following provisions shall have effect as the Constitution of Saint Lucia:

CHAPTER I

PROTECTION OF FUNDAMENTAL RIGHTS AND FREEDOMS

Fundamental rights and freedoms.

1. Whereas every person in Saint Lucia is entitled to the fundamental rights and freedoms, 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, equality before the law and the protection of the law;

(b) freedom of conscience, of expression and of...

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