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THE CONSTITUTION OF ANTIGUA AND BARBUDA

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WHEREAS the People of Antigua and Barbuda-

proclaim that they are a sovereign nation founded upon principles that acknowledge the supremacy of God, the dignity and worth of the human person, the entitlement of all persons to the fundamental rights and freedoms of the individual, the position of the family in a society of free men and women and free institutions;
respect the principles of social justice and, therefore, believe that the operation of their economic system should result in the material resources of their community being so distributed as to serve 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;
assert their conviction that their happiness and prosperity can best be pursued in a democratic society in which all persons may, to the extent of their capacity, play some part in the national life;
recognise that the law symbolises the public conscience, that every citizen owes to it an undivided allegiance not to be limited by any private views of justice or expediency and that the State is subject to the law;
desire to establish a framework of supreme law within which to guarantee their inalienable human rights and freedoms, among them, the rights to liberty, property, security and legal redress of grievances, as well as freedom of speech, of the press and of assembly, subject only to the public interest:

NOW, THEREFORE, the following provisions shall have effect as the Constitution of Antigua and Barbuda:-

CHAPTER I
THE STATE AND THE CONSTITUTION

THE STATE AND ITS TERRITORY.

1.-

Antigua and Barbuda shall be a unitary sovereign democratic State.
The territory of Antigua and Barbuda shall comprise the islands of Antigua, Barbuda and Redonda and all other areas that were comprised in Antigua on 31st October 1981 together with such other areas as may be declared by Act of Parliament to form part of the territory of Antigua and Barbuda.

CONSTITUTION IS SUPREME LAW.

2.- This Constitution is the supreme law of Antigua and Barbuda and, subject to the provisions of this Constitution, if any other laws is inconsistent with this Constitution, this Constitution shall prevail and the other law shall, to the extent of the inconsistency, be void.

CHAPTER II
PROTECTION OF FUNDAMENTAL RIGHTS AND FREEDOMS OF THE INDIVIDUAL

FUNDAMENTAL RIGHTS AND FREEDOMS OF THE INDIVIDUAL.

3.- Whereas every person in Antigua and Barbuda is entitled to the fundamental rights and freedoms of the individual, that is to say, the right, regardless of race, place of origin, political opinions or affiliations, 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-

life, liberty, security of the person, the enjoyment of property and the protection of the law;
freedom of conscience, of expression (including freedom of the press) and of peaceful assembly and association; and
protection for his family life, his personal privacy, the privacy of his home and other property and from deprivation of property without fair compensation,
the 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 other or the public interest.

PROTECTION OF RIGHT TO LIFE.

4.-

No person shall be deprived of his life intentionally save in execution of the sentence of a court in respect of a crime of treason or murder of which he has been convicted.
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 such circumstances as are permitted by law, of such force as is reasonably justifiable-
1. for the defence of any person from violence or for the defence of property;
2. in order to effect a lawful arrest or to prevent the escape of a person lawfully detained;
3. for the purpose of suppressing a riot, insurrection or mutiny; or
4. 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.

5.-

No person shall be deprived of his personal liberty save as may be authorised by law in any of the following cases, that is to say-
1. in consequence of his unfitness to plead to a criminal charge;
2. in execution of the sentence or order of a court, whether established for Antigua and Barbuda or some other country, in respect of a criminal offence of which he has been convicted;
3. in execution of an order of the High Court or of the Court of Appeal or such other court as may be prescribed by Parliament on the grounds of his contempt of any such court or of another court or tribunal;
4. in execution of the order of a court made in order to secure the fulfilment of any obligation imposed on him by law;
5. for the purpose of bringing him before a court in execution of the order of a court;
6. upon reasonable suspicion of his having committed or of being about to commit a criminal offence under any law;
7. under the order of a court or with the consent of his parent or guardian, for his education or welfare during any period ending not later than the date when he attains the age of eighteen years;
8. for the purpose of preventing the spread of an infectious or contagious disease;
9. in the case of a person who is, or is reasonably suspected to be, of unsound mind, addicted to drugs or alcohol, or a vagrant, for the purpose of his care or treatment or the protection of the community;
10. for the purpose of preventing the unlawful entry of that person into Antigua and Barbuda, or for the purpose of effecting the expulsion, extradition or other lawful removal of that person from Antigua and Barbuda or for the purpose of restricting that person while he is being conveyed through Antigua and Barbuda in the course of his extradition or removal as a convicted prisoner from one country to another; or
11. to such extent as may be necessary in the execution of a lawful order requiring that person to remain within a specified area within Antigua and Barbuda or prohibiting him from being within such an area or to such extent as may be reasonably justifiable for the taking of proceedings against that person relating to the making of any such order or relating to such an order after it has been made, or to such extent as may be reasonably justifiable for restraining that person during any visit that he is permitted to make to any part of Antigua and Barbuda in which, in consequence of any such order, his presence would otherwise be unlawful.
any person who is arrested or detained shall be informed orally and in writing as soon as reasonably practicable, in language that he understands, of the reason for his arrest or detention.
Any person who is arrested or detained shall have the right, at any stage and at his own expense, to retain and instruct without delay a legal practitioner of his own choice, and to hold private communications with him, and in the case of a minor he shall also be afforded a reasonable opportunity for communication with his parent or guardian.
When a person is arrested, excessive bail shall not be required in those cases where bail is being granted.
Any person who is arrested or detained-
1. for the purpose of bringing him before a court in execution of the order of a court; or
2. upon reasonable suspicion of his having committed or being about to commit a criminal offence under any law,
and who is not released shall be brought before the court within forty-eight hours after his detention and, in computing time for the purposes of this subsection, Sundays and public holidays shall be excluded.
If any person arrested or detained as mentioned in subsection (5) (b) of this section is not tried within a reasonable time, the, without prejudice to any further proceedings which may be brought against him, he shall be released either unconditionally or upon reasonable conditions, including in particular such conditions as are reasonably necessary to ensure that he appears at a later date for trial or for proceedings preliminary to trial and, subject to subsection (4) of this section, such conditions may include bail.
Any person who is unlawfully arrested or detained by any other person shall, subject to such defences as may be provided by law, be entitled to compensation for such unlawful arrest or detention from the person who made the arrest or effected the detention, from any person or authority on whose behalf the person making the arrest or effecting the detention was acting or from them both:
Provided that a judge, a magistrate or a justice of the peace or an officer of a court or a police officer acting in pursuance of the order of a judge, a magistrate or a justice of the peace shall nor be under any personal liability to pay compensation under this subsection in consequence of any act performed by him in good faith in the discharge of the functions of his office and any liability to pay any such compensation in consequence of any such act shall be a liability of the Crown.
For the purposes of subsection (1) (b) of this section, a person charged with a criminal offence in respect of whom a special verdict has been returned that he was guilty of the act or omission charged but was insane when he did the act or made the omission shall be regarded as a person who has been convicted of a criminal offence and the detention of that person in consequence of such a verdict shall be regarded as detention in execution of the order of a court.

PROTECTION FROM SLAVERY AND FORCED LABOUR

6.-

No person shall be held in slavery or servitude.
No person shall be required to perform forced labour.
For the purposes of this section, the expression "forced labour&quote; does not include-
1. any labour required in consequence of the sentence or order of a court;
2. any labour required of any person while he is lawfully detained that, though not required in consequence of the sentence or order of a court, is reasonably necessary in the interests of hygiene or for the maintenance of the place at which he is detained;
3. any labour required of a member of a disciplined force in pursuance of his duties as such or, in the case of a person who has conscientious objections to service as a member of a naval, military or air force, any labour that person is required by law to perform in place of such service;
4. any labour required during any period of public emergency or, in the event of any other emergency or calamity that threatens the life and well-being of the community, to the extent that the requiring of such labour is reasonably justifiable in the circumstances of any situation arising or existing during that period or as a result of that other emergency or calamity, for the purpose of dealing with that situation.

PROTECTION FROM INHUMAN TREATMENT

7.-

No person shall be subjected to torture or to inhuman or degrading punishment or other such treatment.
Nothing contained in or done under the authority of any law shall be held to be inconsistent with or in contravention of this section to the extent that the law in question authorises the infliction of any description of punishment that was lawful in Antigua on 31st October 1981.

PROTECTION OF FREEDOM OF MOVEMENT

8.-

A person shall not be deprived of his freedom of movement, that is to say, the right to move freely throughout Antigua and Barbuda, the right to reside in any part of Antigua and Barbuda, the right to enter Antigua and Barbuda, the right to leave Antigua and Barbuda and immunity from expulsion from Antigua and Barbuda.
Any restrictions on a person's freedom of movement that is involved in his lawful detention shall not be held to be inconsistent with or in contravention of this section.
Nothing contained in or done under the authority of any law shall be held to be inconsistent with or in contravention of this section to the extent that the law in question makes provision-
1. for the imposition of restrictions on the movements or residence within Antigua and Barbuda of any person or on any person's right to leave Antigua and Barbuda that are reasonably required in the interests of defence, public safety or public order;
2. for the imposition of restrictions on the movements or residence within Antigua and Barbuda or on the right to leave Antigua and Barbuda of persons generally or any class of persons in the interest of defence, public safety, public order, public morality, or public health or, in respect of the right to leave Antigua and Barbuda, of securing compliance with any international obligation of Antigua and Barbuda particulars of which have been laid before the House and except so far as that provision or, as the case may be, the thing done under the authority thereof is shown not to be reasonably justifiable in a democratic society;
3. for the imposition of restrictions, by order of a court, on the movement or residence within Antigua and Barbuda of any person or on any person's right to leave Antigua and Barbuda either in consequence of his having been found guilty of a criminal offence under a law or for the purpose of ensuring that he appears before a court at a later date for trial of such a criminal offence or for proceedings relating to his extradition or lawful removal from Antigua and Barbuda;
4. for the imposition of restrictions on the freedom of movement of any person who is not a citizen;
5. for the imposition of restrictions on the acquisition or use by any person of land or other property in Antigua and Barbuda;
6. for the imposition of restrictions upon the movement or residence within Antigua and Barbuda or on the right to leave Antigua and Barbuda of any public officer that are reasonably required for the proper performance of his functions;
7. for the removal of a person from Antigua and Barbuda to be tried or punished in some other country for a criminal offence under the law of that other country or to undergo imprisonment in some other country in execution of the sentence of a court in respect of a criminal offence under a law of which he has been convicted; or
8. for the imposition of restrictions on the right of any person to leave Antigua and Barbuda that are reasonably required in order to secure the fulfilment of any obligations imposed on that person by law and except so far as that provision or, as the case may be, the thing done under the authority thereof is shown not to be reasonably justifiable in a democratic society.
If any person whose freedom of movement has been restricted by virtue of such a provision as is referred to in subsection (3) (a) of this section so requests at any time during the period of that restriction not earlier than two months after the restriction was imposed or two months after he last made such a request, as the case may be, his case shall be reviewed by an independent and impartial tribunal consisting of a president who shall be a legal practitioner of not less than seven years standing appointed by the Chief Justice and two other members appointed by the Governor-General acting in his discretion.
On any review by a tribunal in pursuance of subsection (4) of this section of the case of any person whose freedom of movement has been restricted, the tribunal may make recommendations concerning the necessity for or expediency of the continuation of that restriction to the authority by whom it was ordered and, unless it is otherwise provided by law, that authority shall be obliged to act in accordance with any such recommendations.

PROTECTION FROM DEPRIVATION OF PROPERTY

9.-

No property of any description shall be compulsorily taken possession of, and no interest in or right to or over property of any description shall be compulsorily acquired, except for public use and except in accordance with the provisions of a law applicable to that taking of possession or acquisition and for the payment of fair compensation within a reasonable time.
Every person having a interest in or right to or over property which is compulsorily taken possession of or whose interest in or right to or over any property is compulsorily acquired shall have the right of access to the High Court for-
1. the determination of his interest or right, the legality of the taking of possession or acquisition of the property, interest or right and the amount of any compensation to which he is entitled; and
2. the purpose of obtaining payment of that compensation:
  Provided that if Parliament so provides in relation to any matter referred to in paragraph (a) of this subsection the right of access shall be by way of appeal (exercisable as of right at the instance of the person having the interest in or right to or over the property) from a tribunal or authority, other than the High Court, having jurisdiction under any law to determine that matter.
The Chief Justice may make rules with respect to the practice and procedure of the High Court or any other tribunal or authority in relation to the jurisdiction conferred on the High Court by subsection (2) of this section or exercisable by the other tribunal or authority for the purposes of that subsection (including rules with respect to the time within which application or appeals to the High Court or applications to the other tribunals or authority may be brought).
Nothing contained in or done under the authority of any law shall be held to be inconsistent with or in contravention of subsection (1) of this section-
1. to the extent that the law in question makes provision for the taking of possession or acquisition of any property, interest or right-
  1. in satisfaction of any tax, rate or due;
  2. by way of penalty for breach of the law or forfeiture in consequence of breach of the law;
  3. as an incident of a lease, tenancy, mortgage, charge, bill of sale, pledge or contract;
  4. in the execution of judgements or orders of a court in proceedings for the determination of civil rights or obligations;
  5. in circumstances where it is reasonably necessary so to do because the property is in a dangerous state or likely to be injurious to the health of human beings, animals or plants;
  6. in consequence of any law with respect to the limitation of actions;
  7. for so long as may be necessary for the purposes of any examination, investigation, trial or enquiry or, in the case of land, for the purposes of the carrying out thereon of work of soil conservation or the conservation of other natural resources or work relation to agricultural development or improvement (being work relating to such development or improvement that the owner or occupier of the land has been required, and has without reasonable excuse refused or failed, to carry out),
  and except so far as the provision or, as the case may be, the thing done under the authority thereof is shown not to be reasonably justifiable in a democratic society;
2. to the extent that the law in question makes provision for the taking of possession or acquisition of any of the following property (including and interest in or right to or over property), that is to say-
  1. enemy property;
  2. property of a deceased person, a person of unsound mind or a person who had not attained the age of eighteen years, for the purpose of its administration for the benefit of the persons entitled to the beneficial interest therein;
  3. the property of a person adjudged bankrupt or a body corporate in liquidation, for the purpose of its administration for the benefit of the creditors of the bankrupt or body corporate and, subject thereto, for the benefit of other persons entitled to the beneficial interest in the property; or
  4. property subject to a trust, for the purpose of vesting the property in persons appointed as trustees under the instrument creating the trust or by a court or by order of a court for the purposes of giving effect to the trust.
Nothing contained in or done under the authority of any law enacted by Parliament shall be held to be inconsistent with or in contravention of this section to the extent that the law in question makes provision for the compulsory taking of possession of any property, or the compulsory acquisition of any interest in or right or over property, where that property, interest or right is held by a body corporate established by law for public purposes in which no monies have been invested other than monies provided by Parliament or any legislature established for the former colony or Associated State of Antigua.
For the purposes of this section, "use" is "public" if it is intended to result or results in a benefit or advantage to the public and, without prejudice to its generality, includes any use affecting the physical, economic, social or aesthetic well-being of the public.

PROTECTION OF PERSON OR PROPERTY FROM ARBITRARY SEARCH OR ENTRY

10.-

Except with his own consent, no person shall be subjected to the search of his person or his property or the entry by others on his premises.
Nothing contained in or done under the authority of any law shall be held to be inconsistent with or in contravention of this section to the extent that the law in question makes provision-
1. that is reasonably required in the interests of defence, public safety, public order, public morality, public health, public revenue, town and country planning or the development and utilisation of property in such a manner as to promote the public benefit;
2. that authorises an office or agent of the Government, a local government authority or a body corporate established by law for public purposes to enter on the premises of any person in order to inspect those premises or anything thereon for the purpose of any tax, rate or due in order to carry out work connected with any property that is lawfully on those premises and that belongs to the Government, or to that authority or body corporate, as the case may be;
3. that is reasonably required for the purpose of preventing or detecting crime;
4. that is reasonably required for the purpose of protecting the rights or freedoms of other persons; or
5. that authorises, for the purpose of enforcing the judgement or order of a court in any proceedings, the search of any person or property by order of a court or entry upon any premises by such order,
- and except so far as that provision or, as the case may be, anything done under the authority thereof is shown not to be reasonably justifiable in a democratic society.

PROTECTION OF FREEDOM OF CONSCIENCE

11.-

Except with his own consent, no person shall be hindered in the enjoyment of his freedom of conscience, and for the purposes of this section the said freedom includes freedom of thought and of religion, freedom to change his religion or belief, and freedom, either alone or in community with others, and both in public and in private, to manifest and propagate his religion or belief in worship, teaching, practice and observance.
Except with his own consent (or, if he is under the age, of eighteen years, the consent of his parent or guardian) no person attending any place of education shall be required to receive religious instruction or to take part in or attend any religious ceremony or observance if that instruction, ceremony or observance relates to a religion other than his own.
No person shall be compelled to take any oath which is contrary to his religion or belief or to take any oath in a manner which is contrary to his religion or belief.
Nothing contained in or done under that authority of any law shall be held to be inconsistent with or in contravention of this section to the extent that the law in question makes provision that is reasonably required-
1. in the interests of defence, public safety, public order, public morality or public health; or
2. for the purpose of protecting the rights and freedoms of other persons, including the right to observe and practice any religion without the unsolicited intervention of members of any other religion,
- and except so far as that provision or, as the case may be, the thing done under the authority thereof is shown not to be reasonably justifiable in a democratic society.
Reference in this section to a religion shall be construed as including references to a religious denomination, and cognate expressions shall be construed accordingly.

PROTECTION OF FREEDOM OF EXPRESSION INCLUDING FREEDOM OF THE PRESS

12.-

Except with his own consent, no person shall be hindered in the enjoyment of his freedom of expression.
For the purposes of this section the said freedom includes the freedom to hold opinions without interference, freedom to receive information and ideas without interference, freedom to disseminate information and ideas without interference (whether the dissemination be to the public generally or to any person or class of persons) and freedom from interference with his correspondence or other means of communication.
For the purposes of this section expression may be oral or written or by codes, signals, signs or symbols and includes recordings, broadcasts (whether on radio or television), printed publications, photographs (whether still or moving), drawings, carvings and sculptures or any other means of artistic expression.
Nothing contained in or done under the authority of any law shall be held to be inconsistent with or in contravention of this section to the extent that the law in question makes provision-
1. that is reasonably required-
  1. in the interests of defence, public safety, public order, public morality or public health; or
  2. for the purpose of protecting the reputations, rights and freedoms of other persons, or the private lives of persons concerned in legal proceedings and proceedings before statutory tribunals, preventing the disclosure of information received in confidence, maintaining the authority and independence of Parliament and the courts, or regulating telephony, posts, broadcasting or other means of communication, public entertainment's, public shows; or
2. that imposes restrictions upon public officers that are reasonably required for the proper performance of their functions,
- and except so far as that provision or, as the case may be, the thing done under the authority thereof is shown not to be reasonably justifiable in a democratic society.

PROTECTION OF FREEDOM OF ASSEMBLY AND ASSOCIATION

13.-

Except with his own consent, no person shall be hindered in the enjoyment of his freedom of peaceful assembly and association, that is to say, his right peacefully to assemble freely and associate with other persons and in particular to form or belong to trade unions or other associations for the promotion and protection of his interests.
Nothing contained in or done under the authority of any law shall be held to be inconsistent with or in contravention of this section to the extent that the law in question makes provision-
1. that is reasonably required-
  1. in the interests of defence, public order, public morality or public health; or
  2. for the purpose of protecting the rights or freedoms of other persons; or
2. that imposes restrictions upon public officers that are reasonably required for the proper performance of their functions,
- and except so far as that provision or, as the case may be, the thing done under the authority thereof is shown not to be reasonably justifiable in a democratic society.

PROTECTION FROM DISCRIMINATION ON THE GROUNDS OF RACE, SEX ETC.

14.-

Subject to the provisions of subsections (4), (5) and (7) of this section, no law shall make any provision that is discriminatory either of itself or in its effect.
Subject to the provisions of subsections (6), (7) and (8) of this section, no person shall be treated in a discriminatory manner by any person acting by virtue of any law or in the performance of the functions of any public office or any public authority.
In this section, the expression "discriminatory" means affording different treatment to different persons attributable wholly or mainly to their respective descriptions by race, place of origin, political opinions or affiliations, colour, creed, or sex whereby persons of one such description are subjected to disabilities or restrictions to which persons of another such description are not made subject or are accorded privileges or advantages that are not accorded to persons of another such description.
Subsection (1) of this section shall not apply to any law so far as the law makes provision-
1. for the appropriation of public revenues or other public funds;
2. with respect to persons who are not citizens; or
3. whereby persons of any such description as in mentioned in subsection (3) of this section may be subjected to any disability or restriction or may be accorded any privilege or advantage that, having regard to its nature and to special circumstances pertaining to those persons or to persons of any other such description, is reasonably justifiable in a democratic society.
Nothing contained in any law shall be held to be inconsistent with or in contravention of subsection (1) of this section to the extent that it makes provision with respect to qualifications (not being qualifications specifically relating to race, place of origin, political opinions or affiliations, colour, creed or sex) for service as a public officer or as a member of a disciplined force or for the service of a local government authority or a body corporate established by any law for public purposes.
Subsection (2) of this section shall not apply to anything that is expressly or by necessary implication authorised to be done by any such provision of law as is referred to in subsection (4) or (5) of this section.
Nothing contained in or done under the authority of any law shall be held to be inconsistent with or in contravention of this section to the extent that that law in question makes provision whereby persons of any such description as in mentioned in subsection (3) of this section may be subjected to any restriction on the rights and freedoms guaranteed by sections 8, 10, 11, 12 and 13 of this Constitution, being such a restriction as is authorised by paragraph (a) or (b) of subsection (3) of section 8, subsection (2) of section 10, subsection (4) of section 11, subsection (4) of section 12 or subsection (2) of section 13, as the case may be.
Nothing in subsection (2) of this section shall affect any discretion relating to the institution, conduct or discontinuance of civil or criminal proceedings in any court that is vested in any person by or under this Constitution or any other law.

PROVISION TO SECURE PROTECTION OF THE LAW

15.-

If any person is charged with a criminal offence then, unless the charge is withdrawn, he shall be afforded a fair hearing within a reasonable time by a independent and impartial court established by law.
Every person who is charged with a criminal offence-
1. shall be presumed to be innocent until he is proved or has pleaded guilty;
2. shall be informed orally and in writing as soon as reasonably practicable, in language that he understands, of the nature of the offence with which he is charged;
3. shall be given adequate time and facilities for the preparation of his defence;
4. shall be permitted to defend himself before the court in person or by a legal practitioner of his own choice;
5. shall be afforded facilities to examine in person or by his legal representative the witnesses called by the prosecution before the court and to obtain the attendance and carry out the examination of witnesses to testify on his behalf before the court on the same conditions as those applying to witnesses called by the prosecution; and
6. shall be permitted to have without payment the assistance of an interpreter if he cannot understand the language used at the trial of the charge, and except with his own consent the trial shall not take place in his absence-
  1. except where, under the provisions of any law entitling him thereto, he is given adequate notice of the charge, the date, time and place of the trial or continuance thereof and afforded a reasonable opportunity of appearing before the court;
    Provided that where the foregoing conditions have been complied with, and the court is satisfied that owing to circumstances beyond his control he cannot appear, the trial shall not take place or continue in his absence; or
  2. unless he so conducts himself as to render the continuance of the proceedings in his presence impracticable and the court has ordered him to be removed and the trial to proceed in his absence.
When a person is tried for a any criminal offence the accused person or any person authorised by him in that behalf shall, if he so requires and subject to payment of such reasonable fees as may be prescribed by law, be given within a reasonable time after judgement a copy of any record of the proceedings made by or on behalf of the court.
No person shall be held to be guilty of a criminal offence on account of any act or omission that did not, at the time it took place, constitute such an offence, and no penalty shall be imposed for any criminal offence that is more severe in degree or description than the maximum penalty that might have been imposed for that offence at the time when it was committed.
No person who shows that he has been tried by a competent court for a criminal offence and either convicted or acquitted shall again be tried for that offence or for any criminal offence of which he could have been convicted at the trial for the offence, save upon the order of a superior court in the course of appeal or review proceedings relating to the conviction or acquittal.
No person shall be tried for a criminal offence if he shows that he has been pardoned for that offence.
No person who is tried for a criminal offence shall be compelled to give evidence at the trial.
Any court or other authority prescribed by law for the determination of the existence or extent of any civil right or obligation shall be established by law and shall be independent and impartial; and where proceedings for such a determination are instituted by any persons before such a court or other authority, the case shall be given a fair hearing within a reasonable time.
Except with the agreement of all that parties thereto, all proceedings of every court and proceedings for the determination of the existence or extent of any civil right or obligation before any other authority, including the announcement of the decision of the court or other authority, shall be held in public.
Nothing in subsection (9) of this section shall prevent the court or other authority from excluding from the proceedings persons other than the parties thereto and the legal practitioners representing them to such an extent as the court or other authority-
1. may by law be empowered to do and may consider necessary or expedient in circumstances where publicity would prejudice the interests of justice or in interlocutory proceedings or in the interests of public morality, the welfare of persons under the age of eighteen years or the protection of the private lives of persons concerned in the proceedings; or
2. may by law be empowered or required to do in the interests of defence, public safety, public order or public morality.
Nothing contained in or done under the authority of any law shall be held to be inconsistent with or in contravention of-
1. subsection (2) (a) of this section, to the extent that the law in question imposes upon any person charged with a criminal offence the burden of proving particular facts;
2. subsection (2) (e) if this section, to the extent that the law in question imposes reasonable conditions that must be satisfied if witnesses called to testify on behalf of an accused person are to be paid their expenses out of public funds; or
3. subsection (5) of this section, to the extent that the law in question authorises a court to try a member of a disciplined force for a criminal offence notwithstanding any trial and conviction or acquittal of that member under the disciplinary law of that force so however, that any court so trying such a member and convicting him shall in sentencing him to any punishment take into account any punishment awarded him under that disciplinary law.
In the case of any person who is held in lawful detention, the provisions of subsection (1), paragraphs (d) and (e) of subsection (2), and subsection (3) of this section shall not apply in relation to his trial for a criminal offence under the law regulating the discipline of persons held in such detention.
Nothing contained in or done under the authority of any law shall be held to be inconsistent with or in contravention of subsection (2) of this section to the extent that it authorises the trial of a defendant by a magistrate for a summary offence to take place in the defendant's absence.
In this section "criminal offence" means a criminal offence under any law.

DEROGATION'S FROM FUNDAMENTAL RIGHTS AND FREEDOMS UNDER EMERGENCY POWERS

16.- Nothing contained in or done under the authority of a law enacted by Parliament shall be held to be inconsistent with or in contravention of section 5 or section 14 of this Constitution to the extent that the law authorises the taking during any period of public emergency of measures that are reasonably justifiable, for dealing with the situation that exists in Antigua and Barbuda during that period.

PROTECTION OF PERSONS DETAINED-UNDER EMERGENCY LAWS

17.-

When a person is detained by virtue of any such law as is referred to in section 16 of this Constitution the following provisions shall apply, that is to say-
1. he shall, with reasonable promptitude and in any case not more than seven days after the commencement of his detention, be informed in a language that he understands and in detail of the grounds upon which he is detained and furnished with a written statement in English specifying those grounds in detail;
2. not more than fourteen days after the commencement of his detention a notification shall be published in the Official Gazette stating that he has been detained and giving particulars of the provision of law under which his detention is authorised;
3. not more than one month after the commencement of his detention and thereafter during the detention at intervals of not more than six months, his case shall be reviewed by an independent and impartial tribunal established by law and presided over by a suitably qualified legal practitioner of at least seven years standing appointed by the Chief Justice;
4. he shall be afforded reasonable facilities to consult a legal representative of his own choice who shall be permitted to make representations to the tribunal appointed for the review of the case of the detained person; and
5. at the hearing of his case by the tribunal appointed for the review of his case he shall be permitted to appear in person or by a legal practitioner of his own choice.
On any review by a tribunal in pursuance of this section of the case of a detained person, the tribunal may make recommendations concerning the necessity or expediency of continuing his detention to the authority by which it was ordered but, unless it is otherwise provided by law, that authority shall not be obliged to act in accordance with any such recommendations.
Nothing contained in subsection (1) (d) or subsection (1) (e) of this section shall be construed as entitling a person to legal representation at public expense.

ENFORCEMENT OF PROTECTIVE PROVISIONS

18.-

If any person alleges that any of the provisions of sections 3 to 17 (inclusive) of this Constitution has been, is being or is likely to be contravened in relation to him (or, in the case of a person who is detained, if any other person alleges such a contravention in relation to the detained person), then, without prejudice to any other action with respect to the same matter that is lawfully available, that person (or that other person) may apply to the High Court for redress.
The High Court shall have original jurisdiction-
1. to hear and determine any application made by any person in pursuance of subsection (1) of this section; and
2. to determine any question arising in the case of any person that is referred to it in pursuance of subsection (3) of this section,
- and may make such declaration and orders, issue such writs and give such directions as it may consider appropriate for the purpose of enforcing or securing the enforcement of any of the provisions of sections 3 to 17 (inclusive) of this Constitution:
Provided that the High Court may decline to exercise its powers under this subsection if it is satisfied that adequate means of redress for the contravention alleges are or have been available to the person concerned under any other law.
If in any proceedings in any court (other than the Court of Appeal, the High Court or a court-martial) any question arises as to the contravention of any of the provisions of sections 3 to 17 (inclusive) of this Constitution, the person presiding in that court may, and shall if any party to the proceedings so requests, refer the question to the High Court unless, in his opinion, the raising of the question is merely frivolous or vexatious.
Where any question is referred to the High Court in pursuance of subsection (3) of this section, the High Court shall give its decision upon the question and the court in which the question arose shall dispose of the case in accordance with that decision or, if that decision is the subject of an appeal to the Court of Appeal or to Her Majesty in Council, in accordance with the decision of the Court of Appeal or, as the case may be, of Her Majesty in Council.
There shall be such provision as may be made by Parliament for conferring upon the High Court such powers in addition to those conferred by this section as may appear to be necessary or desirable for the purpose of enabling that court more effectively to exercise the jurisdiction conferred upon it by this section.
The Chief Justice may make rules with respect to the practice and procedure of the High Court in relation to the jurisdiction and powers conferred on it by or under this section (including rules with respect to the time within which applications may be brought and references shall be made to the High Court).

PROTECTION FROM DEROGATION'S FROM FUNDAMENTAL RIGHTS AND FREEDOMS GENERALLY

19.- Except as is otherwise expressly provided in this Constitution, no law may abrogate, abridge or infringe or authorise the abrogation, abridgement or infringement of any of the fundamental rights and freedoms of the individual herein before recognised and declared.

DECLARATION OF PUBLIC EMERGENCY

20.-

The Governor-General may, by Proclamation which shall be published in the Official Gazette, declare that a state of public emergency exists for the purposes of this Chapter.
Every declaration shall lapse-
1. in the case of a declaration made when Parliament is sitting, at the expiration of a period of seven days beginning with the date of publication of the declaration; and
2. in any other case, at the expiration of a period of twenty-one days beginning with the date of publication of the declaration, unless it has in the meantime been approved by resolutions of both Houses of Parliament.
A declaration of public emergency may at any time be revoked by the Governor-General by Proclamation which shall be published in the Official Gazette.
A declaration of public emergency that has been approved of by resolutions of the Houses of Parliament in pursuance of subsection (2) of this section shall, subject to the provisions of subsection (3) of this section, remain in force so long as the resolutions of those Houses remain in force and no longer.
A resolution of a House of Parliament passed for the purposes of this section shall remain in force for three months or such shorter period as may be specified therein:
Provided that any such resolution may be extended from time to time by a further such resolution each extension not exceeding three months from the date of the resolution effecting the extension and any such resolution may be revoked at any time by a resolution of that House.
Any provision of this section that a declaration of emergency shall lapse or cease to be in force at any particular time is without prejudice to the making of a further such declaration whether before or after that time.
A resolution of a House of Parliament for the purposes of subsection (2) of this section and a resolution extending any such resolution shall not be passed unless it is supported by the votes of a majority of all members of that House.
The Governor-General may summon the Houses of Parliament to meet for the purposes of subsection (2) of this section notwithstanding that Parliament stands dissolved, and the persons who were members of the Senate and the House immediately before the dissolution shall be deemed, for those purposes, still to be members of those Houses, but, subject to the provisions of sections 33 and 42 of this Constitution (which relate to the election of the President, Vice-President, the Speaker, and the Deputy Speaker) a House of Parliament shall not, when summoned by virtue of this subsection, transact any business other than debating and voting upon a resolution for the purpose of subsection (2) of this section.

INTERPRETATION AND SAVINGS

21.-

In this Chapter, unless the context otherwise requires- "contravention", in relation to any requirement, includes a failure to comply with that requirement, and cognate expressions shall be construed accordingly;
"court" means any court of law having jurisdiction in Antigua and Barbuda other that a court established by a disciplinary law, and includes Her Majesty in Council and, in section 4 of this Constitution, a court established by a disciplinary law;

"disciplinary law" means a law regulating the discipline of any disciplined force;

"disciplined force" means-
1. a naval, military or air force;
2. the Police force; or
3. a prison service;
"member", in relation to a disciplined force, includes any person who, under the law regulating the discipline of that force, is subject to that discipline;
"legal practitioner" means a person entitled to practice as a barrister in Antigua and Barbuda or, except in relation to proceedings before a court in which a solicitor has no right of audience, entitled to practice as a solicitor in Antigua and Barbuda.
In relation to any person who is a member of a disciplined force raised under any law, nothing contained in or done under the authority of the disciplinary law of that force shall be held to be inconsistent with or in contravention of any of the provisions of this Chapter other than sections 4, and 7 of this Constitution.
In relation to any person who is a member of a disciplined force raised otherwise than as aforesaid and lawfully present in Antigua and Barbuda, nothing contained in or done under the authority of the disciplinary law of that force shall be held to be inconsistent with or in contravention of any of the provisions of this Chapter.
In this Chapter "public emergency" means any period during which-
1. Her Majesty is at war; or
2. there is in force a declaration of emergency under section 20 of this Constitution, or there are in force resolutions of both Houses of Parliament supported by the votes of not less than two-thirds of all the members of each House declaring that democratic institutions in Antigua and Barbuda are threatened by subversion.
A Proclamation made by the Governor-General shall not be affective for the purposes of section 20 of this Constitution unless it contains a declaration that the Governor-General is satisfied-
1. that a public emergency has arisen as a result of the imminence of a state of war between Her Majesty and a foreign State or as a result of the occurrence of any earthquake, hurricane, flood, fire, outbreak of pestilence, outbreak of infectious disease or other calamity whether similar to the foregoing or not; or
2. that action has been taken or is immediately threatened by any person or body of persons of such a nature and on so extensive a scale as to be likely to endanger the public safety or to deprive the community, or any substantial portion of the community, of supplies or services essential to life.

CHAPTER III
THE GOVERNOR-GENERAL

ESTABLISHMENT OF OFFICE

22.- There shall be a Governor-General of Antigua and Barbuda who shall be a citizen appointed by Her Majesty and shall hold office during Her Majesty's pleasure and who shall be Her Majesty's representative in Antigua and Barbuda.

ACTING GOVERNOR-GENERAL

23.-

During any period when the office of Governor-General is vacant or the holder of the office of Governor-General is absent from Antigua and Barbuda or is for any other reason unable to perform the functions of his office those functions shall be performed by such person as Her Majesty may appoint.
Any such person as aforesaid shall not continue to perform the functions of the office of Governor-General if the holder of the office of Governor-General has notified him that he is about to assume or resume those functions.
The holder of the office of Governor-General shall not for the purposes of this section, be regarded as absent from Antigua and Barbuda or as unable to perform the functions of his office-
1. by reason that he is in passage from one part of Antigua and Barbuda to another; or
2. at any time when there is a subsisting appointment of a deputy under section 25 of this Constitution.

OATHS

24.- A person appointed to hold or act in the office of Governor-General shall, before entering upon the duties of that office, take and subscribe the oath of allegiance and the oath of office.

DEPUTY TO GOVERNOR-GENERAL

25.-

When the Governor-General-
1. has occasion to be absent from the seat of government but not from Antigua and Barbuda;
2. has occasion to be absent from Antigua and Barbuda for a period that he considers, in his discretion, will be of short duration,
- he may, acting in accordance with the advice of the Prime Minister, appoint any person in Antigua and Barbuda to be his deputy during such absence or illness and in that capacity to perform on his behalf such of the functions of the office of Governor-General as may be specified in the instrument by which he is appointed.
The power and authority of the Governor-General shall not be abridged, altered or in any way affected by the appointment of a deputy under this section, and subject to the provisions of this Constitution, a deputy shall conform to and observe all instructions that the Governor-General, in his discretion, may from time to time address to him:
Provided that the question whether or not a deputy has conformed to and observed any such instructions shall not be enquired into by any court of law.
A person appointed as deputy under this section shall hold that appointment for such period as may be specified in the instrument by which he is appointed, and his appointment may be revoked at any time by the Governor-General, acting in accordance with the advice of the Prime Minister.

PUBLIC SEAL

26.- The Governor-General shall keep and use the Public Seal for sealing all things that shall pass under the Public Seal.

CHAPTER IV
PARLIAMENT

PART 1
ESTABLISHMENT AND COMPOSITION OF PARLIAMENT

ESTABLISHMENT OF PARLIAMENT

27.- There shall be a Parliament in and for Antigua and Barbuda which shall consist of Her Majesty, a Senate and a House of Representatives.

THE SENATE

COMPOSITION OF THE SENATE

28.-

The Senate shall consist of seventeen persons who, being qualified for appointment as Senators in accordance with the provisions of this Constitution, have been so appointed in accordance with the provisions of this section and such temporary members (if any) as may be appointed in accordance with the provisions of section 32 of this Constitution.
Ten Senators shall be appointed by the Governor-General acting in accordance with the advice of the Prime Minister.
Four Senators shall be appointed by the Governor-General acting in accordance with the advice of the Leader of the Opposition.
Subject to subsection (7) of this section, one Senator shall be appointed by the Governor-General in his discretion from outstanding persons or persons representing such interests as the Governor-General considers ought to be represented in the Senate.
One Senator shall be appointed by the Governor-General acting in accordance with the advice of the Barbuda Council.
One Senator, being an inhabitant of Barbuda, shall be appointed by the Governor-General in accordance with the advice of the Prime Minister.
Before appointing any person representing interests under subsection (4) of this section the Governor-General shall consult such persons as in his discretion he considers can speak for the interests concerned and ought to be consulted.

QUALIFICATIONS FOR APPOINTMENT AS SENATORS

29.- Subject to provisions of section 30 of this Constitution any person who at the date of his appointment-

is a citizen of the age of twenty-one years or upwards;
has resided in Antigua and Barbuda for a period of twelve months immediately preceding the date of his appointment; and
is able to speak and, unless incapacitated by blindness or other physical cause, to read the English language with sufficient proficiency to enable him to take an active part in the proceedings of the Senate,

- shall be qualified to be appointed as a Senator.

DISQUALIFICATION FROM APPOINTMENT AS SENATORS

30.-

No person shall be qualified to be appointed as a Senator who-
1. is, by virtue of his own act, under any acknowledgement or allegiance, obedience or adherence to a foreign power or state;
2. is a member of the House;
3. is an undischarged bankrupt, having been declared bankrupt under any law;
4. is a person certified to be insane or otherwise adjudged to be of unsound mind under any law;
5. is under sentence of death imposed on him by a court or has been sentenced to imprisonment (by whatever name called) for a term of or exceeding twelve months and has not either suffered the punishment to which he was sentenced or such other punishment as may be competent authority have been substituted therefor, or received a free pardon;
6. is disqualified for election to the House by or under any law by reason of his connection with any offence relating to elections;
7. holds or is acting in any public office or in the office of judge of the Supreme Court or Ombudsman, or is a member of the Constituencies Boundaries Commission, the Judicial and Legal Services Commission, the Public Service Commission or the Police Service Commission;
8. has, within the period of ten years immediately preceding the proposed date of his appointment as a Senator, been convicted on indictment by a court of competent jurisdiction of theft, fraud or other such crime involving dishonesty and who-
  1. has not appealed against that conviction; or
  2. has appealed against that conviction and whose appeal has not been allowed; and
  3. has not received a free pardon in respect of the offence; or
9. is a minister of religion.
Without prejudice to the provisions of subsection (1) (g) of this section, Parliament may provide that person shall not be qualified for appointment as a Senator in any of the following cases-
1. if he holds or is acting in any office that is specified by Parliament and the functions of which involve responsibility for, or in connection with the conduct of an election or the compilation or revision of any register of electors for the purposes of an election;
2. subject to any exceptions and limitations prescribed by Parliament, if-
  1. he holds or is acting in any office or appointment prescribed by Parliament either individually or by reference to a class of office or appointment;
  2. he belongs to any armed force of Antigua and Barbuda or to any class of person that is comprised in any such force; or
  3. he belongs to the Police Force or to any class of person that is comprised in the Police Force.
For the purpose of subsection (1) (e) of this section-
1. two or more sentences of imprisonment that are required to be served consecutively shall be regarded as separate sentences if none of those sentences exceeds twelve months, but if any one of such sentences exceeds that term they shall be regarded as one sentence; and
2. no account shall be taken of a sentence of imprisonment imposed as an alternative to or in default of the payment of a fine.

TENURE OF OFFICE OF SENATORS

31.-

Every Senator shall vacate his seat in the Senate-
1. at the next dissolution of Parliament after he has been appointed;
2. if he is with his consent nominated as a candidate for election to the House;
3. if he ceases to be a citizen;
4. if he is absent from the sittings of the Senate for such period or periods and in such circumstances as may be prescribed by the rules of procedure of the Senate;
5. subject to the provisions of subsection (2) of this section, if any circumstances arise that, if he were not a Senator, would cause him to be disqualified for appointment as such by virtue of subsection (1) of section 30 of this Constitution or of any law enacted in pursuance of subsection (2) of that section;
6. if the Governor-General, acting in accordance with the advice of Prime Minister in the case of a Senator appointed in accordance with that advice, or in accordance with the advice of the Leader of the Opposition in the case of a Senator appointed in accordance with that advice, or in accordance with the advice of the Barbuda Council in the case of a Senator appointed in accordance with that advice, or in his discretion in the case of a Senator appointed by him in his discretion, declares the seat of that Senator to be vacant;
7. if, having been appointed under the provisions of section 28(6) of this Constitution, he ceases to be an inhabitant of Barbuda.
1. If circumstances such as are referred to in subsection (1) (e) of this section arise because a Senator is convicted of a felony or of any other offence involving dishonesty, sentenced to death or imprisonment, adjudged to be of unsound mind, or declared bankrupt or is convicted of any offence relating to elections in circumstances that disqualify him for election to the House, and if it is open to the Senator to appeal against the decision (either with the leave of a court or other authority or without such leave), he shall forthwith cease to perform his functions as a Senator but, subject to the provisions of this subsection, he shall not vacate his seat until the expiration of thirty days thereinafter:
  Provided that the President may, at the request of the Senator, from time to time extend that period for further periods of thirty days to enable the Senator to pursue an appeal against the decision, so, however, that extensions of time exceeding in the aggregate one hundred and fifty days shall not be given without the approval, signified by resolution, of the Senate.
2. If on the determination of an appeal, such circumstances continue to exist and no further appeal is open to the Senator, or if, by reason of the expiration of any period for entering an appeal or notice thereof or the refusal of leave to appeal or for any other reason, it ceases to be open to the Senator to appeal, he shall forthwith vacate his seat.
3. If at any time before the Senator vacates his seat such circumstances as aforesaid cease to exist his seat shall not become vacant on the expiration of the period referred to in paragraph (a) of this subsection and he may resume the performance of his functions as a Senator.

APPOINTMENT OF TEMPORARY SENATORS.

32.-

Whenever a Senator is incapable of performing his functions as a Senator by reason of his absence from Antigua and Barbuda or by reason of his suspension under section 31(2) of this Constitution or by reason of illness, the Governor-General may appoint a person qualified for appointment as a Senator to be temporarily a member of the Senate during such absence, suspension or illness.
The provisions of section 31 of this Constitution shall apply to a member of the Senate appointed under this section as they apply to a Senator appointed under section 28 of this Constitution and a appointment made under this section shall in any case cease to have effect if the person appointed is notified by the Governor-General that the circumstances giving rise to his appointment have ceased to exist.
In the exercise of the powers conferred upon him by this section, the Governor-General shall act-
1. in accordance with the advice of the Prime Minister in relation to a Senator appointed in pursuance of section 28(2) or 28(6) of this Constitution;
2. in accordance with the advice of the leader of the Opposition in relation to a Senator appointed in pursuance of section 28(3) of this Constitution;
3. in his discretion in relation to a Senator appointed by him pursuant to section 28(4) of this Constitution; and
4. in accordance with the advice of the Barbuda Council in relation to a Senator appointed in pursuance of section 28(5) of this Constitution.

PRESIDENT AND VICE-PRESIDENT.

33.-

When the Senate first meets after any general election and before it proceeds to the despatch of any other business, it shall elect a Senator to be President, and if the office of President falls vacant at any time before the next dissolution of Parliament, the Senate shall, as soon as practicable, elect another Senator to be President.
When the Senate first meets after any general election and before it proceeds to any other business except the election of the President, it shall elect a Senator to be Vice-President; and if the office of Vice-President falls vacant at any time before the next dissolution of Parliament, the Senate shall, as soon as practicable, elect another Senator to be Vice-President.
The Senate shall not elect a Senator who is a Minister or Parliamentary Secretary to be President of Vice-President.
No business (other than the election of a President) shall be transacted in the Senate at any time when the office of the President is vacant.
A person shall vacate the office of President or Vice-President-
1. if he ceases to be a Senator, except that the President shall not vacate his office by reason only that he has ceased to be a Senator on a dissolution of Parliament until the Senate first meets after that dissolution; or
2. if he is appointed to be a Minister or Parliamentary Secretary or;
3. in the case of the Vice-President, if he is elected to be President.
1. If, under section 31(2) of this Constitution, the person who is President or Vice-President is suspended from the performance of his functions as a Senator, he shall also cease to perform his functions as President or Vice-President, as the case may be, and those functions shall, until he vacates his seat in the Senate or resumes the performance of his functions as Senator, be performed-
  1. in the case of the President, by the Vice-President or if the office of Vice-President is vacant or the person who is Vice-President is suspended from the performance of his functions as a Senator under section 31(2) of this Constitution, by such Senator (not being a Minister or a Parliamentary Secretary) as the Senate may elect for the purpose; and
  2. in the case of the Vice-President, by such Senator (not being a Minister or Parliamentary Secretary) as the Senate may elect for the purpose.
2. If the President or Vice-President resumes the performance of his functions as a Senator in accordance with the provisions of section 31(2) of this Constitution, he shall also resume the performance of his functions as President or Vice-President, as the case may be.

ATTENDANCE OF ATTORNEY-GENERAL AT PROCEEDINGS OF SENATE.

34.- The President, Vice-President or other member presiding in the Senate may request the Attorney-General to attend any proceedings of the Senate if he considers that the business before the Senate in those proceedings makes the presence of the Attorney-General desirable; and where he is so requested the Attorney-General may take part in the proceedings of the Senate solely for the purpose of giving explanations concerning matters before the Senate in those proceedings and he shall not vote in the Senate.

ATTENDANCE AT PROCEEDINGS OF SENATE OF MINISTERS WHO ARE MEMBERS OF THE HOUSE.

35.-

The President, Vice-President or other member presiding in the Senate may request a Minister who is a member of the House to attend any proceedings of the Senate if he considers that the business before the Senate in those proceedings falls within the portfolio of the Minister concerned and if he considers the presence of such Minister desirable.
A Minister who is so requested to attend any proceedings of the Senate may take part in the proceedings solely for the purpose of giving explanations concerning matters falling within his portfolio and he shall not vote in the Senate.

THE HOUSE OF REPRESENTATIVES

COMPOSITION OF THE HOUSE.

36.-

Subject to the provisions of this section, the House shall consist of a number of elected members equal to the number of constituencies from time to time established by Order under Part 4 of this Chapter, who shall be elected in such a manner as may, subject to the provisions of this Constitution, be prescribed by or under any Act of Parliament.
If the person holding the office of Speaker is not otherwise a member of the House, he shall be a member of the House by virtue of holding that office.
If the person holding or acting in the office of Attorney-General is not otherwise a member of the House he shall be a member of the House by virtue of holding or acting in that office but shall not vote in the House.

ATTENDANCE AT PROCEEDINGS OF THE HOUSE OF MINISTERS WHO ARE SENATORS.

37.-

The Speaker, Deputy Speaker or other member presiding in the House may request a Minister who is a Senator to attend any proceedings of the House if he considers that the business before the House in those proceedings falls within the portfolio of the Minister concerned and if he considers the presence of such Minister desirable.
A Minister who is so requested to attend any proceeding of the House may take part in the proceedings solely for the purpose of giving explanations concerning matters falling within his portfolio and he shall not vote in the House.

QUALIFICATIONS FOR ELECTION AS A MEMBER OF THE HOUSE.

38.- Subject to the provisions of section 39 of this Constitution, any person who at the date of his election-

is a citizen of the age of twenty-one years or upwards;
has resided in Antigua and Barbuda for a period of twelve months immediately preceding the date of his election; and
is able to speak and, unless incapacitated by blindness or other physical cause, to read the English language with sufficient proficiency to enable him to take an active part in the proceedings of the House.

- shall be qualified to be elected as a member of the House.

DISQUALIFICATION'S FROM ELECTION AS A MEMBER OF THE HOUSE.

39.-

No person shall be qualified to be elected as a member of the House who-
1. is, by virtue of his own act, under any acknowledgement of allegiance, obedience or adherence to a foreign power or state;
2. is a Senator or temporary member of the Senate;
3. is an undischarged bankrupt, having been declared bankrupt under any law;
4. is a person certified to be insane or otherwise adjudged to be of unsound mind under any law;
5. is under sentence of death imposed on him by a court or has been sentenced to imprisonment (by whatever name called) for a term of or exceeding twelve months and has not either suffered the punishment to which he was sentenced or such other punishment as may by competent authority have been substituted therefor, or received a free pardon;
6. is disqualified for appointment to the House by or under any law by reason of his connection with any offence relating to elections;
7. holds or is acting in any public office or in the office of judge of the Supreme Court or Ombudsman or is a member of the Constituencies Boundaries Commission, the Judicial and Legal Services Commission, the Public Service Commission or the Police Service Commission;
8. has, within the period of ten years immediately preceding the proposed date of his election as a member of the House, been convicted on indictment by a court of competent jurisdiction of theft, fraud, or other such crime involving dishonesty and who-
  1. has not appealed against that conviction, or
  2. has appealed against that conviction and whose appeal has not been allowed; and
  3. has not received a free pardon in respect of the offence; or
9. is a minister of religion.
Without prejudice to the provisions of subsection (1) (g) of this section, Parliament may provide that a person shall not be qualified for election as a member of the House in any of the following cases-
1. if he holds or is acting in any office that is specified by Parliament and the functions of which involve responsibility for, or in connection with, the conduct of an election or the compilation or revision of any register of electors for the purposes of an election;
2. subject to any exceptions and limitations prescribed by Parliament, if-
  1. he holds or is acting in any office or appointment prescribed by Parliament either individually or by reference to a class of office or appointment; or
  2. he belongs to any armed force of Antigua and Barbuda or to any class of person that is comprised in any such force.
For the purpose of subsection (1) (e) of this section.
1. two or more sentences of imprisonment that are required to be served consecutively shall be regarded as separate sentences if none of those sentences exceeds twelve months but if any of such sentences exceeds that term they shall be regarded as one sentence; and
2. no account shall be taken of a sentence of imprisonment imposed as an alternative to or in default of the payment of a fine.

ELECTION OF MEMBERS OF THE HOUSE.

40.-

Each of the constituencies established in accordance with the provisions of section 62 of this Constitution shall return one member to the House who shall be directly elected in such manner as may, subject to the provisions of this Constitution, be prescribed by or under any law.
Every Commonwealth citizen of the age of eighteen years or upwards who possesses such qualifications relating to residence or domicile in Antigua and Barbuda as parliament may prescribe shall, unless he is disqualified by any law from registration as a voter for the purpose of electing a member of the House, be entitled to be registered as such a voter in accordance with the provisions of any law in that behalf and no other person may be registered.
Every person who is registered as a voter in pursuance of subsection (2) of this section in any constituency shall, unless he is disqualified by any law from voting in that constituency in any election of members of the House, be entitled so to vote in accordance with the provisions of any law in that behalf.
In any election of members of the House the votes shall be exercised freely and shall be given by secret ballot in such manner as parliament may prescribe.

TENURE OF SEATS OF MEMBERS OF THE HOUSE.

41.-

Every member of the House shall vacate his, seat in the House-
1. at the next dissolution of Parliament after he has been elected;
2. if he ceases to be a citizen;
3. if he is absent from the sittings of the House for such period or periods and in such circumstances as may be prescribed in the rules of procedure of the House;
4. subject to the provisions of subsection (2) of this section, if any circumstances arise that, if he were not a member of the House, would cause him to be disqualified from election as such by virtue of section 39(1) of this Constitution; or
5. if, having been elected to the House by virtue of being a member of a political party, he resigns his party whip and withdraws his allegiance from that party:
Provided that he shall not be required to vacate his seat so long as he remains an independent member of the House.
1. If circumstances such as are referred to in subsection (1) (d) of this section arise because a member of the House is convicted of a felony or of any other offence involving dishonesty, sentenced to death or imprisonment, adjudged to be of unsound mind, or declared bankrupt, or is convicted of any offence relating to elections in circumstances that disqualify him for election to the House, and if it is open to the member to appeal against the decision (either with the leave of a court or other authority or without such leave), he shall forthwith cease to perform his functions as a member of the House but, subject to the provision of this section, he shall not vacate his seat until the expiration of a period of thirty days thereafter:
  Provided that the Speaker may, at the request of the member from time to time, extend that period for further periods of thirty days to enable the member to pursue an appeal against the decision, so, however, that extensions of time exceeding in the aggregate one hundred and fifty days shall not be given without the approval, signified by resolution, of the House.
2. If on the determination of any appeal, such circumstances continue to exist and no further appeal is open to the member, or if, by reason of the expiration of any period for entering an appeal or notice thereof or the refusal to leave to appeal or for any other reason, it ceases to be open to the member to appeal, he shall forthwith vacate his seat.
3. If at any time before the member of the House vacates his seat such circumstances as aforesaid cease to exist, his seat shall not become vacant on the expiration of the period referred to in paragraph (a) of this subsection and he may resume the performance of his functions as a member of the House.
Where an elected member of the House vacates his seat in the House pursuant to the provisions of paragraph (b) to (e) of subsection (1) of this section or of subsection (2) of this section or where the seat of an elected member of the House is vacant for any other reason except a dissolution of Parliament, there shall be a by-election to fill the seat in the House vacated by that member and the by-election shall be held no later than one hundred and twenty days after the day on which the seat of the member of the House became vacant unless Parliament is sooner dissolved.

SPEAKER AND DEPUTY SPEAKER.

42.-

When the House first meets after any general election and before it proceeds to the despatch of any other business, it shall elect a person to be the Speaker; and if the office of Speaker falls vacant at any time before the next dissolution of Parliament the House shall, as soon as practicable, elect another person to that office.
The Speaker may be elected either from among the members of the House or from among persons who are not members of the House but are qualified to be elected as such.
When the House first meets after any general election, and before it proceeds to any other business except the election of the Speaker, it shall elect a member of the House to be Deputy Speaker, and if the office of Deputy Speaker falls vacant at any time before the next dissolution of Parliament the House shall, as soon as practicable, elect another such member to that office.
The House shall not elect a member who is a Minister or Parliamentary Secretary to be a Speaker or Deputy Speaker of the House.
No business (other than the election of a Speaker) shall be transacted in the House at any time when the office of Speaker is vacant.
A person shall vacate the office of Speaker-
1. in the case of a Speaker elected from among persons who are not members of the House-
  1. when the House first meets after any dissolution of Parliament; or
  2. if he ceases to be a citizen;
  3. if any circumstances arise that would cause him to be disqualified for election as a member of the House by virtue of any of the provisions of section 39 of this Constitution; or
2. in the case of a Speaker elected from among the members of the House-
  1. if he ceases to be a member of the House except that the Speaker shall not vacate his office by reason only that he has ceased to be a member of the House on a dissolution of Parliament until the House first meets after the dissolution; or
  2. if he is appointed to be a Minister or Parliamentary Secretary.
A person shall vacate the office of Deputy Speaker-
1. if he ceases to be a member of the House;
2. if he is appointed to be a Minister or a Parliamentary Secretary; or
3. if he is elected to be Speaker.
1. If, by virtue of section 41(2) of this Constitution, the Speaker or Deputy Speaker is required to cease to perform his functions as a member of the House, he shall also cease to perform his functions as Speaker or Deputy Speaker, as the case may be, and those functions shall, until he vacates his seat in the House or resumes the performance of the functions of his office, be performed-
  1. in the case of the Speaker, by the Deputy Speaker or, if the office of Deputy Speaker is vacant or the Deputy Speaker is required to cease to perform his functions as a member of the House by virtue of section 41(2) of this Constitution, by such member of the House (not being a Minister or Parliamentary Secretary) as the House may elect for the purpose; or
  2. in the case of the Deputy Speaker, by such member of the House (not being a Minister or Parliamentary Secretary) as the House may elect for the purpose.
If the Speaker or Deputy Speaker resumes the performance of his functions as a member of the House in accordance with the provisions of section 41(2) of this Constitution, he shall also resume the performance of his functions as Speaker or Deputy Speaker, as the case may be.

CLERKS TO HOUSES OF PARLIAMENT AND THEIR STAFFS.

43.-

There shall be a Clerk to the Senate and a Clerk to the House but the two offices may be held by the same person.
Subject to the provisions of any law enacted by Parliament, the office of Clerk of each House of Parliament and the offices of the members of their staff shall be public offices.

DETERMINATION OF QUESTIONS OF MEMBERSHIP.

44.-

The High Court shall have

CHAPTER I THE STATE AND THE CONSTITUTION

CHAPTER II PROTECTION OF FUNDAMENTAL RIGHTS AND FREEDOMS OF THE INDIVIDUAL

CHAPTER III THE GOVERNOR-GENERAL

CHAPTER IV PARLIAMENT

CHAPTER I
THE STATE AND THE CONSTITUTION

CHAPTER II
PROTECTION OF FUNDAMENTAL RIGHTS AND FREEDOMS OF THE INDIVIDUAL

CHAPTER III
THE GOVERNOR-GENERAL

CHAPTER IV
PARLIAMENT