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 that material resources of the community as to subserve the common good, that there should be adequate means of livelihood for all, that labour shoul 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 persons may, to the extent of their capacity, play some part in the institutions of the national life and this develop and maintain due respect for lawfully-constituted authority;
d) recognise that men and institution remain free only when freedom is founded upon respec 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 Dominicana of fundamental human rights and freedoms;
NOW, THEREFORE, the following provisions shall have effect as the Constitution of the Commonwealth of Dominicana:
CHAPTER 1
PROTECTION OF FUNDAMENTAL RIGHTS AND FREEDOMS
Fundamental rights and freedoms.
1.- Whereas every person in Dominicana is entitled to the fundamental rights and freedoms, that is to say, the rights 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 withouth compensation,
the provisions of this Chapter shall have effect for the purpose of affording protectio to those rights and freedoms subject to such limitations of that protection as are contained in those provisions, being limitations deisgned to ensure that the enjoyment of the said rights and freedoms by any person does not prejudice the rights and freedoms of others of the public interest.
Protection of right to life.
2.- (1) A person shall not be deprived of his life intentionally save in execution of the sentence of a court in respect of a criminal offence under the law of Dominica of which he has been convicted.
(2) A person shall not be regarded as having been deprived of his life in contravention of his section if he dies as the result of the use, to such extent and in such circumstnces as are permitted by law, of such force as is reasonably justifiable-
a) for the defence of any person from violence or for the defence of property;
b) in order ro effect a lawful arrest or to prevent the escape of a person lawfully detained;
c) for the purpose of suppressing a riot, insurrection or mutiny; or
d) in order 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 rights to personal liberty.
3.- (1) A person shall not be deprived of his personal libertyshave as may be authorised by law in any of the following cases, that is to say:-
a) in consequence of his unfitness to plead to a criminal charge or in execution of the sentence or order of a court, whether established for Dominica or some other country, inrespect of a criminal offence of which he has been convicted;
b) in execution of the order of the High Court or the Court of Appeal punishing him for contempt of the High Court or the Court of Appeal or of another court or tribunal;
c) in execution of the order of a court made to secure the fulfilment of any obligation imposed on him by law;
d) for the purpose of bringing him before a court in execution of te order of a court;
e) upon a reasonable suspicion of his having committed, ot being about to commit, a criminal offence under the law of Dominica;
f) under the order of a court or with the consent of tis parent or guardian, for his education or welfare during an period ending not later that the date when he attains the age of eighteen years;
g) for the purpose of preventing the spread of an infectious or contagious desease;
h) in the case of a prson 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 of the protectio of the community;
i) for the purpose of preventing his unlawful entry into Dominica, or for purpose of effecting his expulsion, extradition or other lawful removal from Dominica or for the purpose of restraining him while he is being conveyed through Dominica in the cours of his extradition or removal as a convicted prisoner from one country to another; or
j) to such extent as amy be necessary in the execution of a lawful order requiring him to remain with a specified area within Dominica, or prohibiting him from being within such an area, or to such extent as may be reasonably justifiable for the taking of proceedings against him with a view 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 him during any visit that he is permitted to make to any part of Dominica in which, in consequence of any such order, his presence would otherwise be unlawful.
(2) Any person who is arrested or detainded shall be informend as asoon as is reasonably practicable and in any case no later than twenty-four hours after such arrest or detention, in a language that he understands, of the reasons for his arrest or detention.
(3) Any person who is arrested or detained-
a) for the purpose of bring him before a court in execution of the order of a court; or
b) upon reasonable suspicion of his having committed, or being about to commit, a criminal offence under the law of Dominica,
and who is not released,shall be brought before a court without undue delay and in any case not later than seventy-two hours after such arrest or detention.
(4) Where any person is brought before a court in execution of the order of a court in any proceeding or upon suspicion of his having committed or being about to commit an offence, he shall not be therafter further held in custody in connection with those proceedings or that offence save upon the order of a court.
(5) If any person arrested or detainde as mentioned insubsection (3)(b) ofthis section is not tried within a reasonable time, then, without prejudice to any further proceedings that may be brought against him, conditions, including in particular such conditions as are reasonably necesary to ensure that he appears at a later date for trial or for proceedings preliminary to trial.
(6) Any person who is unlawfully arrested or detained by any other person shall be entitled to compensation therefor from that other person or from any other person or authority on whose behalft that other person was acting.
(7) For the purposes of subsection (1(a) of this section a person charged before a court with a criminal offence in respect of whom a special verdict has been returned that the 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 a person in consequence of such a verdict shall be regarded as detention in execution in execution of the order of a court.
Proction form slavery and forced labour.
4.- (1) No person shall be held in salvery or servitude.
(2) No person shall be required to perform force labour.
(3) For the purposes of this section ,the espression "forced labour" does not include-
a) any labour required in consequence of the sentence or order of a court;
b) labour required of any person while he is lawfully detainde 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;
c) any labour of a member of a disciplined force inpursuance of his duties as sch or, inthe case of a preon 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 inplace of such service;
d) any labour required during any period of public emergency or inthe event of any other emergency or calamity that threatens the life and well-being of te communcity, to te extet that the requiring of such labour is reasonably justifiable inteh 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 tratment.
5.- No person shall be subject to torture or to inhuman or degrading punishment or other treatment.
Protection from deprivation of property.
6.- (1) No property of any description shall be compulsorily taken prossession of, and no interest in or right over property of any description shall be compulsory acquired, except where provisions is made by a law applicable to that taking of possession or acquisition for the payment, within a reasonable time, of adequate compensation.
(2) Every person having an interest in or right over property htat is compulsorily taken possession of or whose interest inor right over any property is compulsorily acquired sall have a right of direct access to the High Court for-
a) determining the nature and extent of that interest or right;
b) determining whether that taking of possession or acquisition was duly carried out in accordance with a law authorising the taking of possession or acquisition;
c) determining what compensation he is entitled to under the law applicable to that taking of possessionor acquisition;
d) obtaing that compensation:
Provided that if Parliamnt so provides in relation to any matter referred to in paragraph (a) or (c) 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 inor rtight over the porperty) from a tribunal or authority, other than the High Court, having jurisdiction under any law to determine that matter.
(3) The Chief Justice may make rules with respect to the practice and procedure of the High Court or, subject to such provision as may have been made in that behalf by Parliament, with respect to the preactice and procedure of 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 applications or appeals to te High Court or applications othte other tribunal or authority may be brough).
(4) No person who is entitled to compensation under this section shall be prevented from remiting, within a reasonable time after he has received any amount of that compensation in the form of a sum of money or, as the case may be, has received any such amount insome other form and has convented any of that amount into a sum of money, the whole of that sume of money (free from any education, charge or tax made or levied in respect of its remission) to any country of his choice outside Dominica.
(5) Nothing contained in or done under the authority of ay law shall be held to be inconsistent with or in contravention of subsecion (4) of this section to the extent that the law in question authorises-
a) the attachment, by order of a court, of any amount of compensation to which a person is entitled in satisfaction of the judgment of a court or pending the determination of civil proceedings to which he is a party; or
b) the imposition of reasonable restrictions on the manner in which any sum of money is to be remitted.
(6) Nothing contained in or done under the authority of any law shall be held to be inconsistent with or incontravention of subsection (1) of this section-
a) to the extent that the law in question makes provision for the taking of possession or acquisition of any property, interest of right-
i) in satisfaction of any tax, rate or due;
ii) by way of penalty for breach of any law or forfeiture inconsequence of breach of any law;
iii) as an incident of a lease, tenancy, mortgage, charge, bill of sale, pledge or contract;
iv) in the execution of judgements or orders of a court in proceedings for the determination of civil rights or obligations;
v) 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;
vi) in consequence of any law with respect to the limitation of actins; or
vii) for so long only as may be necessary for the purposes of any examination, investigation, trial or inquiry 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 relating to agricultural development or
improvement (being work relating to such development or imporvement 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 that provision or,as the case may be, the thing done under the authority thereof is shown no to be reasonably justifiable in a democratic society; or
b) to the extent that the law in question makes provision for he taking of possession or acquisition of any of the following property (including an interest in or right over property), htat is to say-
i) enemy property;
ii) property of a deceased person , a person of unsound mind or a person who has not attained the age of eighteen years for hte purpose of its administration for teh benefit of the persons entitled to the benefit of the persons entitled to the beneficial interest therein:
iii) property of a person adjudged bankrupt or a body corporate in liquidation, fo the purpose of its administration fot the benefit of the creditors of the bankrupt or body corporate and, subject thereto, fo the benefitial interest in the property; or
iv) property subject to a trust, for the purpose of vesting the property in persons appointed as trustees under the instrument creating the trust o by a court or, by order of a court, for the purpose of giving effect t othe trust.
(7) 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 over property where that property, interest or right is held by a body corporate established by alw for
public purposes inwhich no monies have bee investigated other than monies provided by any legislature established for Dominica.
(8) In this section-
"property" means any land or other thing capable of being owned or held in possession and includes any right relating thereto, whether under a contract, trust or law or otherwise and whether present or future absolute or conditional:
"acquisition" in relation to an interest in or right over property, means transferring htat interes or right to another person or extinguishing or ourtailing that interest or right.
Protection from arbitrary search or entry
7.- (1) Except with his own consent,a person shallnot be subject to the search of his peron or his property or the entry by others onhis premises.
(2) Nothihg contained in or done under the authority of any law shall be held to be inconsistent with or incontravention of thissection to the extent that the law inquestion makes provision-
a) that is reasonably required in the interest of defence, public safety, public order, public morality, public health, town and country planning, the development and utilisation of mineral resources of he development and utilisation of mneral resources or the development or utilisation of mineral resources or hte development or utilisation of any property for a purpose beneficial to the community;
b) that is reasonably required for the purpose of protecting the rights or freedoms of other persons;
c) that authorities an officer or agent of the Government of Dominca, a local goverment authority or a body corporate established by alw for public purpose to enter on the premises thereon for the purpose of any tax, rate or due or in order to carry out work connected with any property that is lawfully
on those premises and that belongs to that Government, authority or body corporate, as the case may be; or
d) that auhtorises, for the purpose of enforcing the judgment or order of a court in any civil proceedings, thesearch 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 reasoably justifiable ina democratic society.
Provided to se protection of law
8.- (1) If any person is charged with a criminal offence, then, unless the charge is withdrawn, the case shall be afforded a fair hearing within a reasonable time by an independent and impartial court established by law.
(2) every personwho is charged witha crimianl offence-
a) shall be presumed to be innocent until he is proved or has pleaded guilty:
b) shall be informed as soon as reasonably practicable, ina language that he understands and in detail, of he nature of tha offence charged;
c) shall be given adequate time and facilities for the preparation of his defence;
d) shall be permitted to defend himself before the court in person or, at ahis own expense, by a legal practitioner of his own choice;
e) shall be afforded facilities to examine in person or by his leal representative the witnesses called by the prosecution before the court, and to obtain the attendance and carry out the examination of witnesses to testify onhis behalf before the court on the same conditions as those applying to witnesses called by the prosecution; and
f) shall be permitted to have without parment hte assistant of an interpreter if he cannot understand the language used at the trial.
and the trial shall not take place in his absence unless he so conducts himself as to rende rthe continuance o the proceedings inhis presence impracticable and ht ecpurt has ordered him to be removed and the trial to proceed inhis absence:
Provided that hte trial may take place inhis absence inany case in which it is so provided by law under which, he is entitled to adequate notice of hte charge an the date, time and place of the trial and to a reasonalbe opportunity of appearing before the court.
(3) When a person is tried for any criminal offence the accused person or any prson authorised by him in that behalf shall, if he so requires and subject to payment of such reasonable fee as amy be prescribed by law, be given within a reasonable time after judgement a copy for the use of the accused person of any record of the proceedings made by or on behalf of the court.
(4) 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 and offence, and no penalty shall be imposed for any criminal offence that is severer in degree or description than the maximun penalty that might have been imposed for that offence at the time when it was committe.
(5) A person who shows that he has been tried by a competent court for a criminal offence and either convicted or acquitted shall not again be tried for that offence or for ny other criminal offence of which he could have been convicted at the trial for that offence, save upon the order of a superior court int e course of appeal or review proceedings relating to the conviction or acquittal.
(6) A person shall not be tried for a criminal offence if he has been pardoned for that offence.
(7) A person who is tried for a criminal offence shall not be compelled to give evidence at the trial;
Provided that nothing inthis subsection shall prevent the prosecution or the court from commenting onhis failure to give evidence on his own behalft or prevent the court from drawing inferences from any such failure.
(8) 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 hy any person before such a court or other authority, the case shall be given a fair hearing within a reasonable time.
(9) Where the existence or extent of any civil right or obligation has been determined in proceedings in any court or before any other authority any party to those proceeding shall, if he so requires and subject to payment of such reasonable fee as amy be prescribed by law, be entitled to obtain within a reasonable time after the judgement or other determination a copy of any record of the proceedings made by or on behalf of the court or other cuthority.
(10) Except with the agreement of all the parties thereto, all proceedings of every court and proceedins for th edeterminatio of the existence or extent of any civil right or obligation before any other auhtoiryt, including the announcement of the decision of the court or other authority, shall be held in public.
(11) Nothing insubsection (10) of this sectio shall prevent the court or other adjudicating authority from excluding from the proceedings persons other than the parties thereto and the legal practitioner representing them to such extent as the court or other authority-
a) may by law be empowered to do and may consider necessary or expedient in circumstnaces where publicity would prejudice the interests of justice or in interlocutory proceedings or in the interests of public morality, the welfare of persons undere the age of eighteen years of te protection of the private lives of persons concerned in the proceedings; or
b) may be law be empowered or required to do in the interests of defence, public safety or public order.
(12) Nothing contained in or done under the authority of any law shall be held to be inconsistent with or in contravention of-
a) subsection (2)(a) of this section to the extent that the law in question imposes upon any persn charged with a criminal offence the burden of proving particular facts;
b) subsection (2)(e) of 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
c) 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 unde the disciplinary law of that force, so , however, tha tany court so trying sch a member ans convicting him shall in sentencing him to any punishment take into account any punishment awarded him under that disciplinary law.
(13) 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.
(14) In this section "criminal offence" means a criminal offence under the law of Dominica.
Protection of freedom of conscience.
9.- (1) Except with his own consent, a person shall not be hindered in the enjoyment of his freedom of conscience, including freedom thought and of religiion, freedom ot change his religion or belief and freedom, either alone or incommunity with others, and both inpublic and in private, to manifest and propagate his religion or belief in worship, teaching, practice and observance.
(2) Except with his own consent (or, if he is a person under the age or eighteen years, the consent of his guardian) a person attending anyplace of education, detained in any prison or correctibe institution or serving in a naval, military or air
force shall ot be required to receive religious instruction or to take part in or attend any religious ceremony or observace if that instruction ceremony or observance relates to a religion which is not his own.
(3) Every religious community shall be entitled, at its own expense, to establish and maintain places of education and to manage any place of education with it maintains; and no such community shall be prevented from providing religious instruction for persons of that comunity in the course of any education provided by that community whether or not it is in receipt of a government subsidy or other form of financial assistance designed to meet in whole or in part the cost of such course of education.
(4) A person shall not be compelled to take any oath which is contrary to is religion or belief or to take any oath in a manner which is contrary to his religion or belief.
(5) 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 provisions which is reasonably required-
a) in the interests of defence, public safety, public order, public morality or public health;
b) for the purpose of protecting ythe rights and freedoms of other persons, including the right to observe and practise any religion without the unlosicited interventio nof members of any ohter religion; or
c) for the purpose of reegulating educational institutions inthe interests of the persons who received or may receive instructions in them,
and except so far as that provision or, as the case may be, the thing sone under the authority thereof is shown not to be reasonably justifiable in a democratic society.
(6) References 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 o expression.
10.- (1) Except with his own consent, a person shall not be hindered in the enjoyument of his freedom of expression, including freedom to hold opinions without interference, freedom to receive ideas and information without interference freedom to communicate ideas and information without interference (whether the communication be to the public generally or to any person or chall of persons) and freedom from interference with his correspondence.
(2) Nothing contained inor 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-
a) that is reasonably required inte interests of defence, public safety, public order, public porality or public health;
b) that is reasonably required for the purpose of protecting the reputations, rights and freedoms of other persons or the private lives of persons concerned in legal proceedings, preventing the disclosure of information received in confidence, maintaining the authoiryt and independence of the courts or regulating the technical adminiatratio or the techmical operation of telephony, telegraphy, posts, wireless broadcasting or teevision; or
c) that imposes restrictions upon public officers that are reasoanbly required for the porper 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.
11.- (1) Except with his own consent, a person shal not be hindered in the enjoyment of his freedom of assembly and association, that is to say, his right to assembly freely ad associate with other persons and in particular to form or belong to trade unions or other associations for the protection of his interests.
(2) 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-
a) that is reasonably required in the interests of defence, public safety, public order, public morality or public helath;
b) that is reasonably required for the purpose of protecting the rights or freedoms of other persons; or
c) that imposes restricitons 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 movement.
12.- (1) A person shall not be deprived of his freedom of movement that is to say, the right to move freely throughout Dominica, the right to reside in any part of Dominica, the right to enter Dominica, the right to leave DOminica and immunity from expulsion from Dominica.
(2) Any restriction on a person's freedom of movement that is involved in his lawful detention shall to be held to be inconsisitent with or incontravention of this section.
(3) Nothing contained in or done undere the authoirty of any alw shall be held to be inconsistent with or in contraventio of this section to the extent that the law in question makes provision-
a) for the imposition of restriciton on the movement or residence within Dominica of any person or on any person's right to leave Dominica that are reasonably required in the interests of defence, public safety or public order;
b) for the imposition of restriction on the movement or residence within Dominica or on the right to leave Dominica of persons generally or any class of persons in the interests of defence, public safety, public order, public morality or public health or in respect of the right to leave Dominica, of securing compliance with any international obligation of the Government particulars of which have been laid before the House of Assembly and except so far as that provision or, as the case may be, the thing done under he auhtority thereof is shown not to be reasonably justifiable in a democratic society;
c) for the imposition of restrictions, by order of a court, on the movement or residence within Dominica of any person or on any person's right to leave Dominica either in ocnsequence of his having been found guilty of a criminal offence under the law of Dominica or for the purpose of ensuring that the appears before a court at a later date for trial of such a criminal offence or for proceeding preliminary to trial or for proceedings relating to his extradition or lawful removal from Dominica;
d) for the imposietion of restriction on the freedom of movement of nay person who is not a citizen of Dominica;
e) fo the imposeitionof restrivtions on the acquitisition or use by any person of land or other property inDOminica;
f) for the imposition of restrictions upon the movement or residence within DOminica or onteh right to leave DOminica of any public office that are reasonably required fo the proper performance of his functions;
g) fot the removal of a person form Dominica to be tried or punished insome other country fo ra crimianl offence undet he alaw of hta other country for a criminal offence undet he law of that other country or to undergo imprisonment insome other country inexecution of the sentence of a court in respect of a criminal offence under the law of Dominica of which he has been convicted; or
h) for the imposition of restriction on the right of any person to leave Dominica that are reasonably required in order to secure the fulfiment of any obligations imposed ontha peson by alw 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.
(4) If any peson whose freedom f movemen 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 twenty-one days after the order was made or three months after he last made such a request, as the case may be, his case shall be reviewed by an independent and impartial tribunal presided over by a person appointed by the Chief Justice from among persons who are legal practitioners.
(5) Onany review by a tribunal inpursuance of subsectin (4) of this secionof the case of any person whose freedom of movement has been restricted, the tribunal may make recommendations concernign the necessity or expediency of he continuation of that restriction to the authority by whomit was ordered and, unless it is otherwise provided by law, ta authority shall be obliged to act in accordance with any suich recommendations.
13.- (1) Subject to the providiosn of subsections(4), (5) and (7) of this section, no law shallmake any provision that is discrimiantory either of itself or in its effect.
(2) Subject to the provisions of subsections (6), (7) and (8) of hti section , no person shall be trated in a discriminatory manner by any person or authority.
(3) Inthis section, the expression "discriminatory" means affordins different treatment to different pesons attributable wholly or minly to their resoective descriptions by sex, race, place of origin, political opinions, colour or creed wherby persons of oe such description are subject to disabilities or restrictions to which persons of
another such description are not made subject or are accorded privileges or advantages which are not accorded to pesons of another such description.
(4) Subsection (1) of this section shall not apply to any law far as that law makes provision-
a) for the appropriation of public revenues or other public funds;+
b) with respect to persons who are not citizens of DOminica;
c) for the application, in the case of persons of any such description as is mentioned insubsectin (3) of this section (or of pesons connected with such persons) of the law with respect to adoption, marriage, divorce, burial, devolution of property on death or other like matters which is the personal law of persons of that description;
d) wheraby pesons of any such description as is mentioned is subsection (3) of htis sectionmay be subject to any disability or restriction or may be accorded any privilege or advantage that having regard to its nature and to spacial circumstances pertaining to thaose persons or to persns of any other such description, is reasonably justifiable in a democratic society.
(5) Nothing contained inany law shall be held to be inconsistent with or in contraventionos subsection (1) of this section to the extent that it makes provision with respect to standards or qualifications (not being standards or qualifications specifically relation to sex, race, place of origin, political opinions, colour or creed) to be required of any perosn who is appointed to or to act in any office or employment.
(6) Subsection (2) of this section shall not apply to anything which is expressly or by necessary implication authorised to be done by any sucit provision of law as is referred to insubsection (4) or subsection (5) of this section.
(7) Nothing contained in or done under the authority of any law shall be held to be inconsistent with or incontravention of this section to the extent that the law inquestion makes provision whereby persons of nay such description as is mentioned insubsection (3) of this sectionmay be subject to ay restriction on the rights and freedoms guaranteed ayb sections 7, 9, 10, 11 and 12 of this Cosntitution, being such a restriction as is authorised by section 7(2) section 9(5), section 10(2), section 11(2) or paragraph (a), (b), or (h) of section (12(3), as the case may be.
(8) Nothing insubsection (2) of this section shall affect any discretion relating to the institution, conduct or discontinuance of civil or criminal proceedings inany court that is vested inany person by or under this Constituion or any other law.
Derogation from s.3 s.13 under emergency powers.
14.- Nothing contained inor done under the authority of a law enacted by Parliament shall be held to be incosistent with or incontravention of section 3 or section 13 of this Cosntitution ot the extent that the law authorised the taking during any period of public emergency of measures that are reasonably justifiable for dealing with the situation that exists in Dominica during htat period.
Protection of persons detained under emergency laws.
15.- (1) When a person is detainded by virtue of any such law as is referred to in section 14 of this Constitution the following provisions shall apply, that is to say:-
(a) he shall, as soon as reasonably practicable and in any case not more than seven days after the commencement of his detention, be furnished with a statement in writing in a language that he understands specifying indetail the grounds upon which he is detained;
b) not more than fourteen days agfter the commencement of his detention, a notification shall be published in the Officeial Gazzette stating that he has been detained and giving particulars of hte provision of law under which his detention is authorised;
c) not more than one month after the commencement of his detention and thereafter during his detention at intervals of not more than three months, his case shall be reviewed by an independent and impartial tribunal eatablished by law and presided over by a person appointed by the Chief Justice from among persons who are legal practitioners;
d) he shall be afforded reasonable facilities to consult a legal practitioner of his own choice who shall be permitted to make representations to the tribunal appointed fo the review of the case of the detained person; and
e) 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 to be represented by a legal practitioner of his own choice.
(2) On any review by a tribunal in pursuance of this section for the case of a detained person, the tribunal may make recommendations concerning the necessity of continuing his detention to the authority by which it was ordered byt, unless it is otherwise provided by law, that authority shall not be obliged to act in accordance with any such recommendations.
(3) Nothing contained insubsecion (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.
16.- (1) If any person alleges tat any of the provisions of sections 2 to 15 (inclusive) of this Constitution has been, is being or is likely to be contravened in relation ot him (or, in the case for 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 wich is lawfully available, that person (or tha tother person) may apply to the High Court for redress.
(2) The High COurt shall have original jurisdiction-
a) to hear and determine any application made by any peson in pursuance of subsection (1) of this section; and
b) to determine any question arising in the acase of any person which is referred to it in pursuance of subsection (3) of this section,
and may make such declarations 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 2 to 15 (inclusive) of this Cosntitution:
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 alleged are or have been available to the person concerned under any other law.
(3) If in any proceedings in any court (other than the Court of APpeal or tha High Court or a court-martial) any question arises as to the contravention of and of the provisions of sections 2 to 15 (inclusive) of this Constitution, the person presiding in that court may, and shall if any party to te proceedings so requests, refer the question is merely frivolous or vexatious.
(4) WHere any question is referred to the High Court in pursuance of subsection (3) of this section, the High Court shall give its desicion 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 if the subject of an appeal to te Court of Appeal or to the Judicial Committee, in accordance with the decisio of the Court of Appeal or as the case may be, of the Judicial Committee.
(5) The High Court shall have such powers in addition to those conferred by this sectio as amy be conferred upon it by Parliament fot he purpose of enabling it more effectively to exercise the jurisdiction conferred upon it by this section.
(6) 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 te time within which applications may be brought and references shall be made to the High Court).
Interpretation and savings.
17.- (1) In this Chapter, unless the context otherwise requires-
"contravention" in relation to any requirement, includesa failure to comply with that requirement, and cognate experssions shall be construed accordingly;
"court" menas any cpurt of law having jurisdiction in Dominica other than a court established by a disciplinary law, and includes the Judicial Committee and in section 2 and 4 of this Constitution a couret established by a disciplinary law;
"disciplinary law" means a law regulating the discipline of any disciplined force;
"disciplined force" means-
a) a naval, military or air force;
b) the Police Force;
c) a prison service; or
d) any such other force or service as amy be prescribed by Parliament.
"legal practitioner" means a person entitled to be in or to enter Dominica and entitled to practice as a barrister in Dominica or, except in relation to proceedings before a court in which a solicitor has nor right of audience, entitled to practise as a solicitor in DOminica;
"member"" in relation to a discipline forcel, includes any person who, under the law regulating the discipline of that force, is subject to that discipline.
(2) In this Chapter "period of public emergency" means any period during which-
a) Dominica is engaged in any war; or
b) there is in force a procalmation by the president declaring that a state of public emergenct exists; or
c) there is in force a resolution of the House suppoited by the votes of not less than two-third of all the members of th House declaring that democratic institutions in DOminicana are threatened by subversion.
(3) A proclamation made by the President shall not be effective for the purposes of subsectio (2) of this section unless it is declared therein that the President is satisfied-
a) that a public emergency has arisen as a relult of the imminence of a state of war beterrn Dominica and a foreingn state or as a result of the occurrence of any earthquake, hurricane, flood, fire, outbreak of pestilence, outhbreak of infectious disease or other calamity whether similar to the foregoing or not; or
b) that action has been taken or is immediately threatened by any person of such a nature and on so extentive 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 tolife.
(4) A proclamation made by the President for the purposes of this section-
a) shall, unless previously revoked, remain in force for twenty-one days or for such longer period, not exceeding six months, as te House may determine by a resolution suported by the votes of a majority of all the members of the House;
b) may abe extended from time to time by a resolution of the House passed in like manner as is prescribed in paragraph (a) of this subsection for further periods, not exceeding in respect of each such extension a period of six months; and
c) may be revoked at any time by a resolution supported by the votes of a majority of all the members of the House of Assembly.
(5) A resolution passed by the House for the purposes of subsection (2) of this section may be revoked at any time by a resolution of the House supported by the votes of a majority of all the members thereof.
(6) In relation to any person who is a member of a disciplined force of Dominica, nothing contained inor done under the authoirty of te disciplinary law of htat force shall be held to be inconssistent with or in contravention of any of the provisions of this Chapter other than sections 2, 4 and 5 of this Constitution.
(7) In relation to any person who is a member of a disciplined force of a country other than DOminica that is lawfully present in Dominica, nothing contained in or done under the authority of the disciplinary law of that force shall be ehld to be inconsistent with or incontravention of any of the provisions of this Chapter.
CHAPTER II
THE PRESIDENT
Establishment of office.
18.- (1) There shall be a President of Dominica who shal be elected by the House and shall hold office for a term of five years.
(2) The President shall have such functions as are prescribed by this Constitution and such additional functions (if any) as may be prescribed by Parliament:
Provided that no such additional functions shall be conferred upon him without his consent signified by writing underhis hand addressed to the Speaker.
Elections
19.- (1) Whenever the office of President is vacant or the term of officeof the President is due to espire within not more than ninety days, the Prime Minister shall consult with the Leader of the Opposition as to their joint nomination of a suitable candidate for election as President.
(2) If the Prime Minister and the Leader of the Opposition submit to the Speaker by writing under their hands a joint nomination of a cnadidate for election as President to which that candidate has consented, the Speaker shall inform the House of the nomination, and declare that candidate to have been duly elected without putting the question to the vote.
(3) Infthe Prime Mnisters is unalbe to agree with the Leader of the Opposition as to their joint nomination of a candidate for eectio as President, he shallnotify the Speaker to that effect and the Speaker shall inform the House accordingly.
(4) The Prime Minister of the Leaer of th Opposition or any three member of the House may, during the period expiring fourteen days after the day on which the House has been so informed, submit to the Speaker by writing under their hands nominations of candidates for election as President and the Speaker shall at the first meeting of the House after the expiration of that period and before the House proceeds to any other businessinform the House of the nomination he has received and to which the candidates concerned have consented.
(5) An election of the President at which the candidates shall be those of whose nomination the House has been informed by th Speaker, shall thereafter beheld at the meeting of the House referred to in subsection (4) of htis section (or if proceedings under section 22 of this COnstituion are pending before the Court of Appeal, at a meeting of the House held as soon as is practicable after those proceedings) and the Speaker shall declae the candidate who has at that electio received the votes of a majority of all the members of th House to have been duly elected:
Provided that-
a) if that election the House has been informed of hte nomination of only one candidate the Speaker shall declare that candidate to have been duly elected without putting the question to the vote; and
b) when the question of the election of the President from among two or more candidates is put to the vote, the votes shall be given by ballot insuch manner as not to disclose how any particular member of te House votes.
(6) Where a person consents to be nominated for election as President he shall do so by writing under his hand addressed to the Speaker.
(7) A person who has been declared to have been duly elected as President under this section shall assume office as such on the day after the day on which his predecessor vacates the office of President or, if that office is already vacant, he shall assume office on the day after the day on which he was declared to have been duly elected.
Qualifications for office nmnation.
20.- (1) A person shall be qualified to be nominated for election as President if, and shall not be so qualified unless, he is a citizen of Dominica of the age of forty years or upwards who at the date of his nomination has been resident in Dominica for five years immediately preceding his nimination.
(2) For the purposes of subsection (1) of this section a person shall be deemed to reside in DOminica if he holds and office in te servixe of hte Govenrment and lives outside Dominica because he is required to do so for the proper discharge of his functions.
Disqualifications for elections and holding office.
21.- (1) A person shall not be qualified to be elected as President if-
a) he has already held the office of President for two terms; or
b) he is disqualified to be elected or appointed as a Representative or Senator by virtue of subsection (1)(a), (b), (c), (d), (e) or (f) of section 32 of this Constitution or by virtue of any law enacted in pursuance of subsection (2), (3) or (5) of that section.
(2) A person shall not be qualified to hold the office of President if he holds any other office of emoliment whether in the public service or otherwise nor engage in any other occupation for reward.
Determination of questions as to qualifications.
22.- (1) The Court of Appeal shall have jurisdiction ot hear and determine any question whether any person is qualified to be nominated for election, or elected, as President.
(2) AN application to the Court of Appeal for the determination f any question under this sectionmay be made by the Attorney-General or by any other member of the House and, if it is made by a member other than the Attorney-General, the Attorney-geneal may intervene and may then appear of be represented in the proceedings.
(3) The powers, practice and procedure of the Court of Appeal in respect of any application for the determination f any question under this section, including (without prejudice to the generality of the fore going) the time inwhich and the conditions upon which an application may be made, shall ve regulated by such provisions as may be made by Parliament.
(4) No appeal shalllie from any decision of the Court of APpeal under this section.
(5) A certificate under the hand of the Speaker stating that a person was declared to have been duly electd under section 19 of this Constitution shall be conclusive evidence of the fact so stated and shall not be questioned in any court of law.
(6) In the exercise of his functions under this section, the Attorney-General shallnot be subject to the directions or control of any other person or authority.
Tenure of office.
23.- (1) Subject to the provisions of this section and of section 25 of this Constitution, the President shall vacate his office at the expiration of a term of five years from the date on which he was declared to have been duly elected.
(2) Where a person is electe to fill a vacancy in the office of President occurring before the expiration of the term of office of his predecissor he shall hold office only for the unexpired portion of that term.
(3) Parliament may extend the term of office of the President under subsection (1) or (2) of this section for a period nor exceeding six months in order to avoid the holding of an electionto the offic eof President during a period while Parliament is dissolved or at a time within one month before the beginning or one month after the end of such a period.
Removal from office.
24.- (1) the President may be removed from office under section 25 of this Constitution where-
a) he wilfully violates any provision of the Constitution;
b) he behaves in such a way as to bring his office into hatred, ridicule or contempt;
c) he behaves in a way that endangers the security of DOminica;
d) because of physical or mental incapacity, he is unable to perform the functions of his office;
e) any circumstances arise that, if he were not President, would cause him to be disqualified to be elected as such by virtue of subsection (1)(b) of section 21 of this Constituion; or
f) he is appointed to any sch office, or engages in any such occupation, as is referred to in subsection (2) of that section.
Procedure for removal from office.
25.- (1) The office of the President shall become vacant if-
a) the House (acting upon a motion signed by not less than one-third of all the members of the House proposes the removal of the President from office on grounds of complaint specified with full particulars i the resolution;
b) a tribunal consisting of the Chief Justice and two other judges of the Supreme Court appointed by the Chief Justice, being as far as practicable the most senior judgesl, investigates the complaint and makes a report on the facts thereof to the House; and
(c) the House, after considering the report, by resolution supported by the votes of not less than two.thirds of all the members of the House declares that the President shall be removed from office.
(2) parliamtn may make provision with respect to the powers, practice and procedure of tribunals established for the purpose of subsection 1(b) of this section and, subject as aforesaid, any such tribunal may by regulation or otherwise regulated its own procedure.
(3) Where a resolution is passed in accordance eith subsection (1)(a) of this section, the President shall forthwith cease to perform thefunctions of this office; but he may resume the performance of those functions if, after the House has considered a report mad eto it under subsection (1)(b) of this seciton, no such resolution as is referred to in subsection (1)8c) of this section is passed.
Oath.
26.- A peson electd to hold the office of Presiden or designated or wlwcted ot act as president shall before entering upon te duties of the office of President take and subscribe the oath of office, such oath being administered by the Chief Justice or such other judge of the Supreme Court as may be designated by te Chief Justice.
Protection in respect of legal proceedings.
27.- (1) Whilst any person hold office or is actin as President no criminal proceedings shall be instituted or continued against him in respect of anything done or omitted to be done by him either inhis officeal capacity or in his private capacity and no civil proceedings shall be instituted or continyed in respect of which relief is claimed against him in respect of any thing done or omitted to be done in his private capacity.
(2) Where provisions is made by law limiting the time within which proceedings of any description may be brought aginst any person, the period during which any person has held office or acted as President shall ot be taken into account in calculating any period of time described by that law which determines whether any such proceedings as are mentioned in subsection (1) of this section may be brought agaist that person.
Acting President.
28.- (1) Whenever the holder of the office of President is unable to perform the functions of his office by reason of his absence form Dominica, by reason of illness of by reason that he is suspended from the exercise of those functions under section 25(3) of htis Cosntitution, those functions shall be performed-
a) by such person as amy with his consent have been designated in that behalf by the holder of the office of President, acting afer consultation with the Prime Minister and the Leader of the Oposition, by writing under his hand; or
(b) if there is no person so designated or if the person so designated is unable to act, by such person as may have been elected in that behalf by the House in accordance with the like procedure as is prescribed by section 19 of this Constituion for the election of the President.
(2) A person shall not be qualified to act as President unless he is qualified to be elected as, and to hold the office of President:
provided that the Speaker of the Deputy Speaker may act as President, in which case ha shall cease to perform the functions of tis office during any period during which he is so acting.
(3) A person acting as President under this section shall cease to act when he is notified-
a) that another person has been deisgnated or elected to act; or
b) that the holder of the office of President is about to resume the performance of the functions of this office.
CHAPTER III
PARLIANTEN
Part 1
Establishment of Parliament
Composition
29.- There shall be a Parliament of Dominica which shall consist of the President and a HOuse of Assembly.
Composition of House of Assembly.
30.- (1) The House shall consist of-
a) such nomber of Representatives as corresponds with the number of constitutencies for the time being established in accordance with the provisions of section 57 of this Constitution, who shall be elcted in accordance with the provisons of section 33 of this Constitution;
(b) nine Senators appointe or elected in accordance with the provisions of section 34 of this Constitution.
(2) if a person who is not a member of te House is elected to be Speaker he shall, by virtue of holding the office of Speaker, be a member of the House
(3) At any time when the office of Attorney-general is a public office, the Attorney-General shall, by virtue of holding or acting in that office, be a member of the House.
Qualifications for Representatives and Senators.
31.- (1) Subject to the provisions of section 32 of this Cosntitution, a person shall be qualified to be elected as a Representative if, and shall ot be so qualified unless, he-
a) is a citizen of DOminica of the age of twenty-one years or upwards;
b) has resided in DOminica for a period of twelve months immediately before the date of his nomination for election or is domiciled and resident in Dominica at that date; and
c) is able to speak and, unless incapacitated by blindness or other physical cause, to read the English language with a degree of proficiency sufficent to enable him to take an active part in the proceedings of the House.
(2) Subject to the provisions of section 32 of this Cosntitution, a person shall be qualified uless,he-
a) is a Commonwealth citizen of the age of twenty-one years or upwards;
b) is domiciled and resident in Dominica at the date of his appointment or nomination for election; and
c) is able to speak and, unless incapacitated by blindness or other physical cause, to read the English language with a degree of proficiency sufficient to enable him to take an active part in the proceedings of the House.
Disqualifications for Representatives and Senators.
32.- (1) A person shallnot be qualified to be elected or appointed as a Representative or Senator (hereinafter in this section referred to as a member) if he-
a) is by virtue of his own act, under any acknowledgment of allefiancel, obedience or adherence ot a foreign poer or state;
b) is a minister of relifion;
c) is an undischarged bankrupt, having been adjudged or otherwise declared bandrupt under any law inforce in DOminica;
e) is under sentence of detah imposed on him bya court of lae in any part of the COmmonwealth or is serving a sentence of imprisonment (by whatever name called) exceeding twelve months imposed on him by such a court or substituted by ompetetnt authority for some other sentence imposed on him be such a court, or is under such a sentence of imprisonment the execution of which has been suspended;
f) subject to such exceptions and limitations as may be prescribed by Parliamtn, ahs an interest in any government contract and has not, within seven days of his nomination as a candidate for election or, as the case may be, at least seven days before the date of his prospective appointment, disclosed the nature of the contract and of his interest therein by means of a notice published int he Officcial Gazette and in a daily or weekly newspaper circulating in DOminica; or
g) holds or is acting in the office of President.
(2) If it is so provided by Parliament, a person shall not be qualified to be elected or appointed as a membe 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 any election of members or the compilation of any register of votes for the purpose of electing Represetnatives.
(3) If it is so provided by parliamtn, a peros who is convicted by any court of law of any offence othat is prescribed by parliante and that is connected with the election of memgber or who is reported guilty of such an offence by the court trying and election petition shal not be qualified, for such period (not exceeding seven years) following his conviction or, as the case may be, following the report of the court as may be so prescribed, to be elected or appointed as a member.
(4) A perso nsall nt be qualified to be elected as a Represetnatibe if he is aSenator or is nominated for election a sa Senator; and a person shall ot be qualified to be appointed or elected as a Senator if he is a Representative or is nominated for election as a Representative.
(5) If it is so provided by Parliament and subject to such exceptions and limitations (if any) as Parliament may prescribe,a person shall not be qualified to be electd or appointed as a member if-
a) he holds or is acting in ancy office or appointment (whether specified individually or by reference ot a class of office or appointment);
b) he belongs to any of the armend forces of DOminica or to any class of person that is comprised in any such force; or
c) he belongs to any police force orto any class of person that is comprised in any such force.
(6) In subsection (1) of this section-
"government contract" means any contracat made with the Government or with a department of the Government or with an officer of the Government contracting as such;
"minister of religion" means any person in holy orders and any other person the functions of awhose principal occupation include teaching or praching in any cogregation for religious worship.
(7) For the purposes of paragraph (e) of subsection (1) of this section-
a) 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 exceedis that term they shall be regarded as one sentence; and
b) no account shall be taken of a sentence of imprisonemtn imposed as an alternative to or in default of the payment of a fine.
Election of Represetatives.
33.- (1) Each of the constituencies established in accordace with the provisions of section 57 of this Constitution shall return one Representative 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.
(2) a) Every Commonwealth citizen of the age of eighteen years or upwards who possesses such qualifications relating to residence or domicile in Dominica as Parliament may prescribed shall, unless he is disqualified by Parliamtn from registration as a voter for the purpose of electing Representative, 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.
b) Every peson who is registered as aforesaid in any constituency shall, unless he is disqualified by Parliament from voting in that constituency in any election of Representative, be entitled so to vote, in accordance with the provisions of any law in that behalf, and no other person may so vote.
(3) In any election of Representative the votes shall be given by ballot in such manner as not to disclose how any particular perosn votes.
Appointment or election of Senators.
34.- (1) Of the Senators-
a) forve shall be appointed by te President, acting inaccordance with the advice of the Prime Minister; and
b) four shall be appointed by the President, acting in accordance with the advice of the Leader of the Opposition;
Provided that, if it is so prescribed by Parliament, the Senators shall, instead of being appointed under the foregoing provisions of this section, be elected, in accordance with such provision as may be made by Parliament in that behalf.
(2) Where Parliament makes provision for voting for the purpose of electing Senators, the persons entitled to vote shall be the perons entitled to vote for the purpose of electing Representatives and no other persons and the votes shall be given by ballot ins uch manner as not to disclose how any particular perosn votes.
Tenure of office of Representatives and Senators
35.- (1) A representative or a Senator (hereinafter inthis section referred to as a member ) shall vacate his seat inthe House at the next dissolution of Parliament after his election or appointment.
(2) A Senator appointed in accordance with the provisions of paragraph (a) of sectio 34 of this COnstitution shall vacate his seat int he House if his appointment is revoked by th President, acting in accordace with the advice of the Prime Minister, and a Senator appointd in accordance with the provisions of paragraph (b) of that section shall vacate his seat in the House if his appointment is revoked by the President, acting in accordance with the advice of the Leader of the Opposition.
(3) A member shall also vacate his seat in the House-
a) if he is absent from the sitting of the House for such period and in such circumstances as may be prescribed in the rules of procedure of the House;
b) inthe case of a Representative, if he ceases to be a citizen of DOminica or, in thecase of a Senator if he ceases ot be a Commonwealth citizen;
c) subject to the provisions of subsection (4) of this section, if any other circumstances arise that, if he were not a member, would cause himto be disqualified to be elected or appointed as such by virtue of subsection (1) of section 32 of this Constitution or by virtue of any law enected in pursuance of subsection (2), (3) or (5) of that section;
d) if he is elected to be President; or
e) if (not being the Speaker or the Deputy Speaker) he is elected to act as Presidetn.
(4) a) If any circumstances such as are referred to in paragraph (c) of subseftion (3) of this sectio arise because any member is under sentence of death or imprisonment, adjudged to be of unsound mind, declared bankrupt or convicted or reported guilty o f an offence relating to elections and if it is open to
the member to appeal against the decision (either eith the leave of a court of alw or other authority or withour such leave)l, he shall forthwith cease to perform his functions as a member but, subject to the provisions of this section, he shall not vacate his seat until the expiration of a period of thirty days thereafer.
provided that the Speaker may, at the request of the member, from time to time extetn that period for further periods of thirty days to ever, that extensions of time exceeding in the aggregate one hundred and fifty days shall ot be given without the approval, signified by resolution, of the House.
b) If, on the determination of any appeal, such circumstances continue to exist and no further appeal is open to the ember, or if, by reason of he 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 member to appeal, he shall forthwith vacate his seat.
c) If at any time before the member vacates his seat such circumstances 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 fucntions as a member.
Speaker.
36.- (1) When the House first meets after any general election of Representatives and before it proceedis to the despatch of any other business, it shall elect a person to be the Speaker of the House; and if the office of Speaker falls vacant at any time before the next dissolution of Paliament, the House shall, as soon as practicable, elect another perosn to that office.
(2) The Speaker may be elected either from among the members of hte House who are not members of the Cabinet or Parliamentary Secretaries or from among persons who are not members of the House;
Provided that a person wh ois not a member of the House shallnot be elected as Speaker if-
a) he is not a COmmonwealth citizen; or
b) he is a perosn disqualified to be elected or appointed as a Representative or Senator by virtue of subsection (1) of section 32 of this Constitution or by virtue of any law enacted in pursuance of subsection 82), (3) or (5) of that section.
(3) No business shall be transacted in the House (other than the election of a Speaker) at any time when the office of Speaker is vacant.
(4) A peron shall vacate the office of Speaker-
a) in the case of a Speaker who was elected from among the members of the House-
i) if he ceases to be a member of the House:
Provided that the Speaker shall not vacate his office by reason only that he has cease to be a member of the House on a dissolution of Parliament, until the House first meets after the dissolution; or
ii) if he becomes a member of the Cabinet or a Parliamentary Secretary;
b) in the case of a Speaker who was elected from among persons who were not members of the House-
i) when te House first meets after any dissolution of Parliament;
ii) if he ceases to be a Commonwealth citizen;
iii) if any circumstances arise that would acause him to be disqualified to be elected or appointed as a Representative or Senator by virtue of subsection (1) of section 32 of this Constitution or by virtue of any law enacted in pursuance of subsection (2), (3) or 85) of that section; or
iv) if he is elected to be President.
(5) If, by virtue of section 35(4) of this Cosntitution, the Speaker (being a Representative or a Senator) is required to cease to perform his functions as a member of the House he shall also cease to perform his functions as Speaker; and if the Speaker resumes the performance of his functions as a member of the House, in accordance with the provisions of that section, he shall also resume the performance of his functions as Speaker.
(6) A t any time when, by virtue of secio 28(2) or sefction 35(4) of this Cosntitution, the Speaker is unable to perform the functions of his office, those functions shall, until he vacates his seat in the House or resumes the performance of the functions of his office, be performed by th Deputy Speaker or, if the office of Deputy Speaker is vacant or the Deputy Speaker is required to cease to perform his function sa sa member of the House by virtue of sectio n28(2) or 35(4) of this Constitution, by such member of the House (not being a member of hte Cabinet or a Parliamentary Secretary) as the Hose may elect for the purpose.
Deputy Speaker.
37.- (1) When the House first meets after any general electio of Represetnatives and before it proceeds to the despatch of any other business except the electio fo te Speaker, the House shall elect a member of the House, who is not a member of the Cabinet or a Parliamentary Secretary, to be Deputy Speaker of the House, and if the office of Deputy Speaker falls vacant at any time beforte the next dissolution of Parliament, the House shall, as soon as convenient, elect another member of the House to that office.
(2) A person shall vacate the office of Deputy Speaker-
a) if he ceases to be a member of the House;
b) if he becomes a membaer of the Cabnet or a Paliamentary Secretary; or
c) if he is elected to be Speaker.
(3) Id, by virtue of section 35(4) of this Constitution, the Deputy Speaker is required to cease to perform his functions as a member of the House he shall also cease to perfom his funcitons as Deputy Speaker resumes the performance with the provisions of th section, he shall also resume the performance of his fucntions as Deputy Spekaer.
(4) At any time when , by virtue of section 28(2) or section 35(4) of this Constitution, the Deputy Spekaer is unable to perform the functions of this office, theose fucntions shall, until he vacates his seat in the House or resumes the performance of the functions of this office, be performed by such member of the House (not being a member of the Cabinet or a Parliamentry Secretary) as the House may elect for the purpose.
Responsibility for elections.
38.- (1) The Electoral Commissionshall be responsible for the registration of voters for the purpose of electing representatives and for the conduct of election s of Represetnatives and Senators and shall have such powers and other functions relating to such registration and elections as may be prescribed by law.
(2) In the discharge or its functions the Electoral Commissionshall be assisted by a Chief Elections Officers, whose office shall be a public office, and the COmmission may give such directions as it considers necessary or expedient to the Officer, who shall comply with such directions or cause them to be complied with.
(3) For the purposes of the exercise of his functions uder subsection (2) of this section, the Chief Elections Officer may give such directions as he considers necessary or expedient to any registering officer, presiding officer or returning officer relating to the exercise by that officer of his functions under any law regulating the registration of voters or the conduct of elecitons, and any officers to whom directions are given under this subsection shall comply with those directions.
(4) The Electoral COmmission may make such reports to the President concerning the matters for which it is reaponsible under his seciton, or any draft
bill or instrument that is referred ot it under section 51 of this Constitution, as it may think fit and if the COmission so request in any such report other than a report on a draft bill or instrumetn that report shall be laid before the House.
(5) Without prejudice to the provisions of subsection (2) of this section, in the exercise of his functions uder this section the CHief Elections Officer shall not be subject to the directins or control of any other perosn or authority.
(6) The QUestion whether the Chief Elections Officer has acted in accordance with the directions of the Electoral CXOmmission shallnot be enquired into in any court of law.
Clerk of House and his staff.
39.- (1) The High Court shallhave jurisdiction to hear and determine any question whether-
a) any person has been validly electd as a Representative or Senator;
b) any person has been validly appointed as a Senator;
c) any person who has been elected as Speaker from among persons who were not members of the House was qualified to be so elected or has vacate the office of Speaker; or
d) any member of the House has vacate his seat or is required, under the provisions of section 35(4) of this Cosntituion, to cease to perform any of this functions as a member of the House.
(2) An application to the High Court for the determination of any question under subsection (1)(a) of this section may be made by any erosn entitled to vote inteh election to which the application relates or by any person who was a candidate at athat electio or by the Attorney-General and, if it is made by a person other than the Attorney-general, athe Attorney-general may intervene and amay then appear or be represented in the proceedings.
(3) An appoication to the High Court for the determinationof any question under subsection (1)(b) or subsection (1)(c) of this section may be made by any elected amember of the House or by the Attorney-General and, if it is made by a person other than the Attorney-General, the Attorney-general lmay intervene and may then appear or be represented in eh proceedings.
(4) An application to the High Court for the determination of any question under subsection (1)(d) of this section may be made-
a) by any elected member of the House or by te Attorney-General; or
b) in the case of the seat of an elected member of the House, by any person registered insome constituency as a voter for the purpose of selecting Representatives,
and, if it is made by a person other than the Attorney-General, the Attorney-General may intervene and may then appear or be represented in the proceedings.
(5) The circumstances and matter in which and the imposition of conditions upon which any applicationa my be made to the High COurt for the determination of any quesrion under this section and the powers, practice and procedure of the High Court in relation to any such application ahsll be regulated by suchj provision as may be made by Parliament.
(6) An appeal shall lie as of right to the Court of Appeal from any final decision of the High Court determining such a question as is referred to in subsection (1) of this seciton,
(7) No appeal shall slie from any desision of the Court of Appeal in exercise of the jurisdiction conferred by subsection (6) of this section and no appleal shall lie from any decision of the High Court in proceedings under htis section other than a final decision determining such a question as is referred to in subsection (1) of this section.
(8) Inthe exercise of his functions uder this section, the Attorney-general shall not be subject to the dierection or control of any other person or authority.
Part 2
Legislation and procedure of Parliament
Power to make laws.
41.- Subject to the provisions of this Constituionl, Parliament may make laws for the peace, order and good government of Dominica.
Alteration of COnstituion and SUpreme Court Order.
42.- (1) Parliament may alter any of the provisions of this Constituion or of the Supreme COurt Order in teh manner specified in the following provisions of this section.
(2) A bill to alter this section, Schedule 1 to this Cosntituion or any of the provisions of this Cosntituion specified in Part 1 of that Schedule or any of the provisions of the Supreme COurt Order specified in Part ii of that Schedule shall not be regarded as being passed by the House of Assembly unless on its final reading inthe House the bill is supported by the votes of not less tan three-quarters of all the elected members o fhte House; and a bill to alter any of hte provisions of this Cosntituion or , as the case may be, of the Supreme Court Order not so specified shall not be regarded as being passed by the House unless on its final reading in that House the bill is supported by the votes of not less than two thirds of all the elected members of the House.
(3) A bill to alter any of the provisions of this Constituion or the SUpreme COurt Order shall not besubmitted to the President for his assent-
a) unless there has been an interval of nor less htan ninety days between the introduction of the bill in the House of Assembly and the begining of the Proceedings int eh House onteh second reading of the bill; and
b) if the bill provides for the alteration of this section, Schedule 1 to this Constitution or any other provisions of this Cosntitution or the SUpreme COurt Order specified int hat Schedule COurt Order specified inthat Schedule, uless after it has been passed by
the House the bill has been approved on a referendum, held in accordance with such provision as may be made in that behalf by parliament, by a majority of the votes validly cast ont hat referendum.
(4) The provisions of paragraph (b) of subsection (3) of this section shall not apply in relation to any bill to alter-
a) section 106 of this Constitution in order to give effect ot any agreement between DOminica and the United Kingdom concerning appeals from any court having jurisdiction in DOminica to the Judicial COmmittee;
b) any of the provisions of the Supreme COurt Order in order to give effect to any international agreement to which Dominica is a party relating to the Supreme COurt or any other court (or ant office or authority having functions in respect of any such court) constituted in common for DOminica and for other countries also parties to the agreement.
(5) Every person who, at the time when the referendum is held, would be entitled to vote for the purpose of electing Representatives shall be entitled to vote on a referendum held for the purposes of this section in accordance with such procedure as amy be prescribed by Parliament for the purposes of the referendum ad no other person shall be entitled so to vote.
(6) In any referendum for the purposes of this section the votes shal be given by ballot insuch manner as not to disclose how any particular person votes.
(7) The conduct of nay referendum fot the purposes of this sectionshall be the responsibility of the Electoral COmmissionand the provisions of sections 38 and 51 of this Constitution shal apply in relation to the referendum and legislation relating thereto as they apply in relation to the exercise of their functions with respect to elections of Representatives and legislation relating thereto.
(8) a) a bill to alter any of the provisions of this Constitutionor the SUpreme Court Order shall not be submitted to the President for this
assent unless it is accompanied by a certificate under the hand of the Speaker that the provisions of subsections (2) and (3) of this section have been complied with.
b) The certificate of the Speaker under this subsectionshall be conslusive that the provisions of subsections (2) ans (3) of this section ahve been complied with and shall not be enquired into in any court of law.
c) Inthis subsection references to the Speaker shall, if the person holding the office of Speaker is for any reason unable to perform the functions of hs office and no other person is performing them, include references to the Deputy Speaker.
(9) Inthis sectionand Schedule 1 to this Cosntitution references to any of te provisions of this Constitution or the Supreme Court Order include references to any law that laters that provision.
Freedom of speech.
43.- Without prejudice to any provisions made by Parliament relating to the powers, privileges and immunities of the House and its committees, or the privilefes and immunites of the members and officers of the House and of other persons concerned inteh business of th House or its committees, no civil or criminal proceedings may be instituted against any member of the House for words spoken before, or written in a report to,the House or a committee thereof or by reason of any matter or thing brought by him therin by petition, bull, resolution, motion or otherwise.
Oaht by members.
44.- (1) Every member of hte House shall, before taking is seat in the house, taken and subscrihbe before the House the oath of allegiance but a member may before taking that oath take part in the election of the Speaker.
(2) Any person elected to the office of Speaker shall, ig he has not already taken and subscribed the oath of allegiance under subsection (1) of this section, take and subscribe that oath before the House before entering upon the duties of his office.
Preseding.
45.- There shall preside at any sitting of the House-
a) the Speaker;
b) in the absence of the Speaker, the Deputy Speaker; or
c) in the absence of the Speaker and the Deputy Speaker, such member of he House (not being a member of he Cabinet or a Parliamentary Secretary) as the House may elect for that purpose.
Voting.
46.- (1) Save as otherwise provided in sections 17(2), 17(4), 19(5), 25(1) and 42(2) of this Cosnstitution, any question proposed for decision int he House shall be determined hby a majority of the votes of the membetrs present and voting:
Provided that question of no confidence int he Government shal be determined by a majority of the votes of all the elected members of the House.
(2) A question shall not be regarded as having been validly determined by a vote in the House unless at least twelve members, or such greater number of membes as Parliament may prescribe, take part in the voting.
(3) The references to all the members of the House in sections 17(2), 174), 19(5) and 25(1) of this Constitution shal not include the Speaker if he was elected from among persons who were not members of the House.
(4) A Speaker who was elected from among the members of he House or other member presiding int e House shall not bote unless onany question the votes are equally divided , inwhich case he shall have and exercise a casting vote:
Provided tha in the case of the question of the final reading of such a bill as is referred to in section 42(2) of this Cosntituion he shall, if he is an elected member of th House, have an original vote but no casting vote.
(5) A Speaker who ws elected from among persons who were not members of he House shall have neither an original nort a casting vote.
(6) If, upon any question before the House, the votes of the members areequally divided and no casting vote may be exercised, the motion shall be lost.
Effect of vacancies, etc.
47.- The House may act notwithstanding any vacancy in its membership (including any vacancy no filled when the House first meets after any general electio of Representatives or Senators) and the presence or participation of any person not entitled to be present at or to participate in the proceedings of the House shall not invalidate those proceedings.
Penalty for sitting if unqualified.
48.- (1) Any person who sits or votes in the House knowing or having reasonable grounds for knowing that he is not entitled to do so shall be guilty of an offence and liable to a fine not exceeding one hundred dollarsl, or such other sum as may be prescribed by Parliament, for each day on which he so sits or votes in the HOuse.
(2) Any prosecution for an offence under this section shall be instituted inthe High COurt and shall not be so instituted except by the Director of Public Prosecutions.
Mode of exercise of legislative power.
49.- (1) The power of Parliament to make laws shall be exercised by bills passd by the House ad assented to by the President.
(2) When a bill is submitted to the President for assent in accordance with the privisions of this Constitution he shall signify that he assents.
(3) When the President assents to a bill that has been submitted to him in accordance with the provisons of this Constitution the bill shall become law and the President shall thereupon cause it to be published inthe Officeal Gazette as law.
(4) No law made by Parliament shall come in to aoperation until it has been published inthe Official gazette but Parliametn may postpone the coming into operation of any such law and may make laws with retrospective effect.
Restrictions with regard to certain financial measures.
50.- Except on the recommendation of the President signified by a Minister, teh House shall not-
a) proceed upon any bill (including any amendment to a bill) that, int he opinion of hte person presiding, makes provisons for any of the following purposes:-
i) for the impostion of taxation or the alteration of taxation oterwise than by reduction;
ii) for the imposition of any charge upon the Consolidate Fund or any other public fund of DOminica or the alteretion of any such charge otherwise than by reduction;
iii) for the paymetn, issue or withdrawal from the COnsolidated Fund or any other public fund DOminica of any monies not charged thereon or any increase int he amount of such payment, issue or withdrawal; or
iv) for the composition or remission f any debt due to the Government; or
b) proceed upon any motion (including any amendment to a motion) the effect of which, in the opinion of the person presiding, would be to make provision for any of those purpose.
Scrutiny of electoral legislation:
51.- Every proposed bull and every proposed regulation or other instrument having the force of law relating to the registration of electors for the purpose of electing Representatives or to the election of Represetnatives and Senator shall be referred to the Electoral COmmission ans to the CHief Eleections Officer at such tiem as shall give them sufficient opportunity to make comments thereon before the bill is introduced in the House or, as the ase may be, the regulation or other instrument is made.
Regulation of Procedure in House.
52.- Subject to the provisions of this Cosxntitution, the House may regulated its own procefurte and may in particular make rules for the orderly conduct of its own proceedings.
Part 3
Summoning, prorogation and dissolution
Sessions.
53.- (1) Each session of Parliament shall be held at such place within Dominica and shall commence at such time as the President may be Proclamation appoint.
(2) There shall be a session of Parliament once at least in every year, so that a period of six months shall not intervene between the last sitting of the House i one session and the first sitting thereof in the next session.
Prorogation and sissolution.
54.- (1) The President may at any time prorogue or dissolve parliament.
(2) Subject to the provisions of subsection (3) of this section Parliament, unless sooner dissolved, shall continue for five years fromthe date of the first sitting of the House after any dissolution and shall then stand dissolved.
(3) At any time when Dominica is at war, Parliament may extent the period of five years specified in subsection (2) of this section for not more than tw3elve months at a time:
provided that the life of Parliament shall not be extended under this subsection for more than five years.
(4) In the exercise of his powers to dissolve Parliament, the president shall act in accordance with the advice of the Prime Minister:
Provided that if the office of the Prime Minister is vacant and the President, acting in his own deliberqate judgment, considenrs that there is no prospect of his being able within a reasonable time to appoint to that office a person who can command the support of the majority of the elected members of the House, the President shall dissolve parliament.
(5) If, after a dissolution of Parliament and before the holding of the general election of Representatives, the Prime Minister advises the President tha, owing to the existence of a state of war or of a stateof emergency in DOminica, it is necessary to recall parliament, the President shall summon the Parliament that has been dissolved to meet, but, unless the life of Parliament is extended under the provisions of subsection (3) of this section, the general election of Representatives shall proceed and the Parliament that has been recalled shall, if not sooner dissolved, again stand dissolved on the date appointed for the nomination of candidates in that general election.
Holding of elections.
55.- (1) A general election of representatives or, where provision has been made by Parliament for the election of the Senators, a general electio fo Senators shall be held at such time within three months after any dissolution of Parliament as the President may appoint for that election.
(2) As soon as practicable after the holding of any general election of Representatives the President shall, unless provision has been made by Parliament for their election, proceed to the appointment of he Senators in accordance witht the provisions of section 34 of this Constitution.
(3) Where the seat of a Representative or Senator falls vacant other wise than by reasoon of a dissolution of the House-
a) if the vacant seat is that of a Representative, a by-election shall be held;
b) if the vacant seat is that of a Senator who has been appointed, an appointment shall be made; or
c) if the vacant seat is that of a Senator who has been elected, such electoral proceedings as amy be prescribed shall be taken,
to fill the vacancy within three months of the occurrence of the vacancy unless the House is sooner dissolved.
Part 4
COnstituency BOundaries and Electoral Commissions
Constituency Boundaries Commission and Electoral Commission.
56.- (1) There shall be a Constituency Boundaries Commissionand an Electoral COmmission for Dominica each of which is hereinafter int his section refered to as a Commission).
(2) The Constitutency Boundaries Commissionshall consist of
a) the Speaker, as chairman;
b) two members appointed by the President, acting i accordance with the advice of the Prime Minister; and
c) two members appointed aby the President, acting in accordance with the advice of the Leader of the Opposition.
(3) The Electoral Commission shall consist of-
a) a chairman appointed by te President, acting in his own deliberate judgment;
b) two membes appointed by the President, acting in accordance with the advice of the Prime Minister; and
c) Two members appointed by the President, acting in accordance with the advice of eh leaderof the opposition:
Provided tha for the Purposed of paragraph (b) or (c) of this subsection (and withouth prejudice to the rpovisions of section 63(2) of this Constitution), the President shall act in his own deliberate judgment and without the advide of the Prime Minister or, as the case may be, the advice of the Leader of teh Opposition, if, having requested that advice, he does nor cçreceived it within thirty days.
(4) A person shall to be qualified to be appoitned as a member of a Commission if he is a member of hte House or a public officer not, in the case of hte chairman of he Electoral Commission, unless he holds one of the specified qualifications and has held one or other of those qualifications for a total period of not less than seven years.
(5) Subject to the provisions of this section, a member of a Commission who has been appointed shall vacate his office-
a) When the House first meets after the next dissolution of Parliament after his appointment;
b) if any circumstances arise that, if he were not a member of the Commission, would cause him to be disqualified for appointment as such.
(6) A member of a Commission who has been appointed amy be removed from office but only for inability to discharge the funcions thereof (whether arising from inability to discharge the functions thereof (whether arising from infirmity of mind or body or any other cause) or for misbehaviour, and shall not be so removed except in accordance with he provisions of this section.
(7) A member of a Commission who has been appointed shall ve removed fromoffice by the President if the questionof his removal fromovvid has been referres to a tribunal appointed under subsection (8) of this section and the tribunal has recommended to the President that he ought to be removed fro moffice for inability as aforesaid or for misbehaviour.
(8) If the Prime Minister, in the case of a mambe of he Constitutency Boundaries Commission appointed in accordance with paragraph (b) of subsection (2)
of this sectionl, ot the Leader of the Opposition, in the case of a member of that Commission appointed in accordance with paragraph (c) of that subsectionl, represents to the President or if, in the case of the chairman of the Electoral COmmission, the President or if, in the case of the chairman of eh Electoral Commission, the President, actin in his own deliberate judgment, and, in the case of any oeht member of that Commission, the President, act6ing after consultation witht hte Prime Ministe and the Leader of teh Opposition, considers that the question or removal of a member of he Commission from office for inability as aforesaid or for misbehaviour ought to be investigated, then-
a) the President shall appoint a tribunal, which shall consist of a chairman and not less than two other members, selected by the Chief Justice, from among persons who hold or have held office as a judge of a court having unlimited jurisdiction in civil and criminal matters in some part of the COmmonwealth or a court having jurisdictioni appeals from any such cort; and
b) the tribunal shall enquire into the matter and report on the facts thereof to the President and recommend to the President whether the member of the Commission ought to be removed from office for inability as aforesaid or for misbehaviour.
(9) A Commission may regulate its own procedure, and, with the consent of hte Prime Minister, confer powers and impose duties on any public officer or on any authority of the Government of DOminica for the purpose of the discharge of its functions.
(10) A Commission may, subject to its rules of procedure, act nowithstanding any vacancy in its membership and its proceedings shall ot be invalidated by the presence or participation of any person not entitled to be present at or to participate in those proceedings:
Provided that any decision of hte COmmissionshallrequire the concurrence of a majority of all its members.
(11) In the exercise of its fnctions under this Constitution a COmmissionshall not be subject to the direction or control of any ohter person or authoirty.
Part 5
Delimitation of constituencies
Review of constitutency boundaries.
57.- (1) The Electoral Boundaries Commission (hereinafter in this section referred to as the Commission) shall, in accordance with the provisions of htis section, reviwe the number and boundaries of the constituencies into which DOminica is divided an submit to the President reports either-
a) Showing he constituencies into which ir recommends that Dominica should be divided inorder to give effect to the rules ser out in Schedule 2 to this Constitution; or
b) stating that, in this opinion, on alterationis required to the existing numve or boundaries of contituencies in order ot give effect to those rules.
(2) Reports under subsection (1) of this sectionshall be submitted by the Commissionat intervals of not less than two nor more than five years.
(3) As soon as amy be after the Commission has submitted a report under subsection (1)(a) of this section, the Prime Minister shall lay before the House for its approval the draft of an order by the President for giving effect, whether with or withouth modifications, to the recommendations contained int eh report, and that draft order may make provision for any matters that appear to the Prime Minister to be incidental to or cosequential upon the other provisions of the dreft.
(4) Where any such draft order gives effect o any such recommendations with modifications, the Prime Minister shall lay before the House together with the draft order a statement of he reasons for the modifications.
(5) If the motion for the approval of any drafgt order laid before the House under this secionis reject by the House, or is withdrawn by leave of that Hose, the Prime Minister shall amend the draft order and lay the amended draft before the House.
(6) If any draft order laid before the House under this section is approved by resolution of the House, the Prime Minister shall submit it to the Presidetn who shall make an order interms of the draft; and that order shall come into force upon the next dissolutionof Parliament after it is made.
(7) The question of the validity of any order by the President purporting to be made under this section and reciting tha a draft thereof has been aproved by resolution of the House shall not be enquired into in any court of law.
(8) Parliament may provided for any appeal to the High Court against a recommendation or statemen made to the President by the COmmission in pursuance or paragraph (a) or (b) of subsection (1) of this section.
CHAPTER IV
THE EXECUTIVE
Executive authority of Dominica.
58.- (1) The executive authority of DOminica is vested inthe President.
(2) Subject to the provisions of this Cosntitution, the executive authority of DOminica may exercised by th President either directly or through officers subordinate to him.
(3) Nothing inthis sectionshall prevent parliament form cinferring functins on pesons or authorities other than the President.
Ministers of the Government.
59.- (1) There shall be a Prime Minister of Dominica, who shall be appointed by te President.
(2) Whenever the President has occasion to appoint a Prime Minister he shall appoint an elected member of he House who appears to him likely to command the support of the majority of he elected members of the House.
(3) There shall be, in additionot the office of Prime Minister, such other office of Minister of the Government as may be established by Parliament or, subject tot he provisions of any law enacted by parliament, by the President, acting in accordance with the advice of the Prime Minister.
(4) Appointments tot he office of Ministers, other than the office of Prime Minister, shall be made by teh Presidetn, acting in accordance with the advice of he Prime Minister, form oamong the members of the House:
Provided that not more than three Ministers shall be appointedfrom among Senators who have been appointed as such.
(5) If occassion arises for making an appointment to the office of Prime Minister or any other Minister while Parliametn is dissolved, then, notwithstanding the provisions of subsections (2) and (4) of this section (but subject to the provision to subsection (4)), a person who was an elected member of hte House immediately before the dissoltuion may be appointed as Prime Minister or any other Minister and a person who was a Senator immediately before the dissolution, having been appointed as such, may be appointed as any Minister other than Prime Minister.
(6) The President shall remove the Prime Minister from office if a resolution of no confidence inteh Governmetn is passed by the House and the Prime does not within three days either resign from his office or advise the Presdient to dissolve Parliametn.
(7) If, at any time between the holding of a general election of Representatives and the first meeting of hte House thereafter, teh Presidet considers thant in consequence of changes inthe membership of he house resulting fromthat election and of any general election of Senator the Prime Minister will not be able to command the support of the majority of eh elected members of he House the President may remove the Prime Ministe form office.
(8) The office of any Minister shall become vacant-
a) if the holder of the office ceases to be a member of he House otherwise than by reason of the dissolution of Parliament;
b) in the case of he Prme Minister, if, when the House first meets after the dissolution of Parliament, he is not then an elected member of the House; or
c) in the case of any other Minsite , if when the House first meets after the dissoltuionof parliament, he is not then a member of the House.
d) if, by virtue of section 35(49 of this Cosntitution, he is required to cese to perform his functions as a member of the House.
(9) The office of a Minister other than the Prime Minister shall become vacant-
a) if the President, acting in accordance wth the advice of he Prime Ministe, so directs;
b) if nthe Prime minister resigns fromoffice within three days after a resolution of no confidence inthe Government has been passed by teh House or is removed from office nder subsection (6) of this section;or
c) onthe appointment of any person to the office of Prime Minster.
(10) In the exercise of hte power conferred upon him by subsections (2), (5) and (7) of this section the President shall act in his own deliberate judgment.
Cabinet of Ministers.
60.- (1) There shall be a Cabinet of Ministers for Dominica which shall consist of he Prime Ministe and the other Ministers.
(2) At any time when the office of Attorney-general is a public office, the Attorney-general shall, by virtue of holding or acting inthat office, be a member of the Cabinet in addition to the Minsters.
(3) The functions of the Cabinet shall be to advise the Presidetn in te government of DOminica and the Cabinet shalll be collectively responsibel to Parliament for any advise given to the President by or under the general authority of the Cabinet and for all things done by or under the authority of any Minster inthe execution of his office.
(4) The provisions of subsction (3) of this section shall ot apply in relation to-
a) the appointmenta nd removal from office of ministers, temporary Ministers and Parliamentary Secretaries, the assign ent of responsibility to any Ministe under section 61 of this Constitution, or the authorisation of another mIniste to peform the functions of the Prime Minster during absence or illenes;
b) the dissolution of Parliament; or
c) the matters referrd to in section 73 of this Cosntitution (which relate to the prerogative of mercy).
Allocation of portfolios to Ministers.
61.- The President, acting in accordance with the advice of he Prime Minister, may, by directions n writing, assign to the prime Minsiter or any ther Minster responsobility for any business of th Government, including the administration of any department of goverment:
Provided that responsibility for finance shall be assigned to a Minister who is a elected member of the House.
Performance of funcins of Ministers during absence or illness.
62.- (1) Whenever the Pirme Minister is absenct form Dominica or by reason of illness is uanlbe to perform the functions conferred upon him by this Cosntitution, the President may authorise some other Minster to perform those function (other than the funciton conferred by this section) and tha Minister may perform those functions until his authority is revoked by the President.
(2) Whenever a Minster other than the Prime Minster is absent from Dominica but by leave of hte President is not performing the functions of his officeor by reason of illness is unable to perform those function, the President may authorize some other Minister to perform those functions or may appoint a member of the House of Assembly to be a temporary Minister in order to perform those functions ; and that Minister or temporary
Minister may erform those functions until his authority or, as the case may be, his appointment is revoked by the President:
Provided that the officeof a temporary Minister shall become vacant if any circumstances arise that, if he were a Minister, would cause him to vacate office as such.
(3) The ppowers of the President undet his sectionshall be exercised by him in accordance with the advice of the Prime Minister:
Provided tha if the President, acting inhis own deliberate judgment, considers that it is impracticable to obtain the advice of the Prime MInister owing to his absence or illenss he may exercise those powers without that advice and in his own deliberate judgment.
Exercise of President's functions.
63.- (1) In the exercise of his functions the President shall act in accordance with the advice of the Cabinet or a Minister acting under the general authority of the Cabinet except in cases where he is required by this Constitution or any other law to act in accordance wth the advice of, or after consultation with, any person or authority other than the Cabinet:
Proveded that the foregoing provisions of this subsection shall not apply where tha President is auhtorised to act in his own deliberate judgment inaccordance with the following provisions of this Cosntitution-
a) section 56 (which relaties to the Constituency Boundaries Commission and the Electoral COmmission);
b) sections 59 and 62 (which relate to Ministers);
c) section 66 (which relates to the Leader of the Opposition);
d) section 85 (which relates to the appointment, etc., of public officers);
e) section 87 (which relates to the Chief Elections Officer);
f) section 93 (which relates to the Public Service Board of Appeal); and
g) section 108 (which relates to the Parliamentary COmmissioner).
(2) During any period in which there is a vacancy in the office of Leader of the Opposition by reason of the fact that no person is both qualified for appointment to thal office in accordance with this Constitution and willing to accept appointment, or if the President, acting in his own deliberate judgment, considers that it is not practicable for his to ovtain the advice of the Leader of the Oppostition within the time within which it may be necessary for him to act,, he may act without that advice and in his own deliberate judgment in the exercise of any power conferred upon him by this Constitution in respect of whcih it is provided that he shall act on the advice of, or after consultation with, the Leader of the Opposition.
(3) Nothng in subsection (1) of this section shall require the President to act in accordance with the advice of the Cbinet or a Minister in exercise of the functions conferred upon him by the following provisions of this Constitution-ñ
a) the proviso to section 54(4) (which requires the President to dissolve Parliament in certain circumstances);
b) setion 59(6) (which requires the President to remove the Prime Minister from office in certain circumstances);
c) section 64 (which entitles the President to informantion);
d) sections 56(5), 66(4), 84(6), 87(7), 88(8), 89(7), and 108(7) (which require the President to remove the holders of certain offices from office in certain circumstances).
President to be informed concerning matters of government.
64.- The Prime MInister shall keep the President fully informed concerning the general conduct of the government of Dominica and shall furnish the President with such information as he may request with respect to any particular matter relating to the government of DOminica.
Oaths o be taken by Ministers; etc.
65.- A Minister or a Parliamentary Secretary shall not enter upon the duties of his office unless he has taken and subscribedthe oat of allegiance, the oath of office ans the oath of secrecy.
Leader of the Opposition.
66.- (1) There shall be a Leader of the Opposition who shall be appointed by th President.
(2) Whenever there is occasion fo teh appointment of a Leader of the Opposition the President shall appoint the elected member of the House who appears to him most likely to command the support of a majority of the elected members of hte House who do not support the Government: or, if no electd member of te House appears to him to command such support, the elected membe of eh House who appears to him to command the support of the largest single group of memebers of the House who so not support the Government:
Provided that if a member of the House was elected at a general election in which he stood as a supprted of a political party and the majority of members of the House elected at that time (whether as Representatives or Senator) stood as supportes of that party,l hs shall, so long as he remains a member of hte House by virtue of that election, not be eligible for appointment as Leader of the Opposition.
(3) If occasion arises to appoint a Leader of ht Oppostion during the period between a dissolution of parliament and the day on which the ensuing election of Representative is held , and ppointment may be mad eas if Parliament had not been dissolved.
(4) The office of Laeade of the Opposition shall become vacant-
a) if he ceasesto be a membe of the House otherwise than by reason of a dissolution of Parliament;
b) if, when the House first meets after a dissolution of Parliament, he isnot then a member of the House;
c) if, unde the provisions of section 35(4) of this Cosntitution, he is required to cease to perfrom his functions as a member of the House; or
d) if he is removed from office by the President under the provisions of subsection (4) of this section.
(5) If it appears to the President that the Leader of te Oppostion is no longer able to command the support of a maforeity of the elected member os the Hose who do not suppor the Government or (if no electedmember of the House appears to him to be ale to command such support) the support of the largest single group of member of the House who do not support the Goverment, he shall remove the Leader of the Oppostion from office.
(6) The powers of the President under this section shall be exercised by him inhis own deliberate judgment.
Parliamentary Secretaries.
67.- (1) The President, actng in accordance with the advice of the Prime Minister, may appoint Parliamentary Secretaries from among the member of the House to assist MInisters inthe performance of their duties:
Provided that, if occasion arises for making an appointment while Parliament is dissolbed a persom who was a member of hte Hose immediately before the dissoltuion may be appointed as a Parliamentary Secretary.
(2) The office of a Parliamentary Secretary shall become vacant-
a) if the President, acting in accordance with the advice of te Prime Miister, so directs;
b) if the Prime Minister resigns from office within three days a resolution of no confidence in the Government has been passed by the House or is removed fromoffice under section 59(6) of this Constitution;
c) upon the appointment of any person to the office of Prime Minister;
d) if the holder of the office ceases to be a member of the House otherwise than by reason of a dissolution of Parliament;
e) if, when the House first meets after the dissoltuion of Parliametn, he is not then a meber of the House; or
f) if, by virtue of section35(4) of tis Cosntitution, he id required to cease to peform his functions as a member of the House.
Permanent secretaries.
68.- Where a ny Minister has been charged with responsibility for any department of government, he shall exercise general direction and control over that department of government shall be under the supervision of a public office whose office is referred to in this Constituion as the office of a permanent secretary;
Provided that tho or more government departments may be placed underthe supervision of one permanent secretary.
Secretary to the Cabinet.
69.- (1) There shall be a Secretary to the Cabinet whose office shall be a public office.
(2) The Secretary to the cabinet, who shall have charge of the Cabinet Office, shall be responsible, in accordance with such instructions as may be given to him by te Prime Miister, for arranging the business for, and keeping the minutes or, the Cabinet and for conveying the decisions of the Cabinet to the appropriate person or authority and shall have such other functions as the Prime Minister may direct.
Constitution of offices, etc.
70.- Subject to the provisions of this Cosntitution and of any other law, the President may constitute offices for Dominica, make appointments to any such office and terminate any such appointment.
Attorney General.
71.- (1) There shall be an Attorney-general who shall be the principal legal adviser to the Government:
(2) The office or Attorney general, shall b either a public officer of the office of a MInister.
(3) At any tiem when the office of Attorney-general is a public office the same person may, if qualified, be appointed to hold or act in the offide of Attorney-general and the office of Director of Public Prosectuins.
(4) Where the offices of Attorney-general ans Director of Public Prisectuions are held by the same person the following provisions of tis Cosntitution shall have effect as if references therein to the Director included references to the Attorney-Genera, that is to say, sections 86, 88(5), (6), (7), (8), (9) and (109, 96(3) ansd 121(8)(a); but the provisions of tis subsection shall be without prejudice to the powers of Parliametn or, subject to the provisons of any law enacted by Parliament, the President to determine that the office of Attorney-general shall be the office of a Minister.
Control of public prosecutions.
72.- (1) There shall be a Director of Public Prosectuiosn whose office shall be a public office.
(2) The Director of Public Prosecutions shall have power in any case in whihc he considers it desirable so to do-
a) to institute and undertake crimian proceedings against any person befoere any court of law (other than a court-martial) in respect of any offence alleged to have been committed by that person;
b) to take over ad continue any such criminal proceedings that have been instituted or undertaken by any other person or authority; and
c) to discontinue at any stage before judgment is delivered any such criminal proceedings institued or undertaken by himself or any other person or authority.
(3) The powers of the Director of Public Prosecutions under subsection (2) of this section may be exercised by him in person or through other persons acting under and in accordance with his general or special instructions.
(4) The powers conferred on the Director of Public Prosections by paragraphs (b) and (c) of subsection (2) of ths secitonshall be vested in him to the exclusion or nay other person or authority:
Provided that where any other person or authority has instituted criminal proceedings, nothing in this subsctionshall prevetn the withdrawal of those proceedings, to any other court (including the Judicial Committee) shall be deemed to be aprt of those proceedings:
Provided that the power conferred to the Director of Public Prosectuions by subsection (2)(c) of this seciton shall not be exercised in relarionto any appeal by a person convicted in any criman proceedings or to any case stated or wuestion of law reserved at the instance of such a person.
(6) Inthe exercise of the powers vested i himby subsection (2) of this section, the Director of Public Prosectuions shall ot be subject to the direction or cotnrol of any other person or authority:
Provided that the powers vested inhim by paragraph (c) of that subsection (2) shall e exercised by him in accordance with such general or special directions (if any) as the Attorney-general may give him.
Prerogative of mercy.
73.- (1) The president may-
a) grant a perdon, either free or subject to lawful conditions, to any person convicted of any offence;
b) grant to any person a respite, ither indefinite or for a specifed period, of the execution of any punishment imposed on that person for any offence;
c) substitute a less severe from of punishment for nay punishment imposed on any person for any offence; or
d) remit the whole or any part punishment imposed on any person for any offence or of any penalty or forfeitere otherwise due to the Goverment of Dominica on account of any offence.
(2) The powers of the President under subsection (1) of this section shall be exercised by him in accordance wth the advice of usch Miister as may from time to time be designated by th President, acting in accordance with the advice of the Prime MIister.
Advisory Committee on Prerogative of Mercy.
74.- (1) Theres ahll be an Advisory COmmittee on the Prerogative of Mercy for DOminica (hereinafter in thissection referredto as teh Committee) which shall consist of-
a) the Miister for he time being designated under section 73(2) of this Constitution, who shall be chairman;
b) the Attorney-General; and
c) not more than four other members appointed by the President by writing under his hand.
(2) A member of te Committee appointed uder subsection(1)(c) of this sectionshall hold his seat thereon for such period as may be specified in teh instrumetn by which he was appointed:
Provided that his seat shall become vacant-
a) inthe case of a person who at the date of his appointment was a Minister, if he ceases to be a Minister; or
b) if the President, by writing under his hand, so directs.
(3) The Committee may act notwithstanding any vacancy in its members hip or the absence of any member ans its proceedings shall ot be invalidatd by the presence or participation of any person not entitled to be present at or to participate inthose proceedings.
(4) The Committee may regulate its own procedure.
(5) Inthe exercise of this functions uder this section, the President shall act in acordance with the advice of the Prime Minister.
FUnctions of Advisory Committee.
75.- (1) Where any person has been sentenced to death (otherwise than by a court-martial) for an offence, the Minsiter for the time being designated uder section 73(2) of this Cosntitution shall cause a written report of the case from teh trieal judge (or the Chief Justice, if a report from the trial judge cannot be obtained) together with such other informationderived from the record of the case or elsewhere as he may require, to be taken into consideration at a meeting of tha Afdvisory Committee he shall decide in his own deliberate judgment whether to advise the President to exercise any of his powers under section 73(1) of this Cosntitution.
(2) The Minister for the time bing designated under section 73(2) of this Cosntitutionmay consult with theadvisory Committee on the under that byt he shall not be obliged to act in accordance with the recommendation of the Committee.
CHAPTER V
FINANCE
Consolidated Fund.
76.- All revenues or other raised or received by Dominica (not being revenues or other oneys that are payable, by or under any law for the time being inforce in Dominica, into some other fund established for a specific pupose) shall be paid into and form a Consolidaed Fund.
Withdrawals from Consolidated Fund or other public funds.
77.- (1) NO moneys shall withdrawn from the Consolidated Fund except-
a) to meet expenditure that is charged upon the Fund by this Cosntitution or by any law enacted by parliament; or
b) whwre the issue of those moneys has been authorised by an appropriation law or by a law made in pursuance of seciton 79 of this Cosntitution.
(2) Where any moneys are charged by this Constitution or any law enacted by Parliament upon the Consolidated Fund or any other public fund, they shall be paid out of that fund by the Government to the person or athority to who payment is due.
(3) NO moneys shall be withdrawn from any public fund other than the Consolidated Fund unless the issue of those moneys has been authorised by or under any law.
(4) Parliament may prescribe the manner in which withdrawls may be made from the Consolidated Fund or any other public fund.
Authorisation of expenditure from Consolidated Fund by appropiation law.
78.- (1) The Minster for the time being respondibe for finance shall cause to be prepared and laid before teh House of Assembly before, or not later than forty-five days after, the commencement of each financeal year estimates of hte revenues and expenditure of Dominica for tha financial year.
(2) When the estimates of expenditure (other than expenditure charged upon the Consolidated Fund by this Constituion or by any law enacted by Parliament) have been approved by the House of Assembly, a bill, known as a n appropriation bill, shall be introduced in the House, providing for th eissue from the Consolidated Fund of the sums necessary to meet that espenditure and the appropriation of those sums, under separate votes for the several servises required, to the purposes specified therein.
(3) If in respect of any financial year it is found-
a) that the amount appropriated by the appropriation law to any purpose is insufficient or that a need has arised for expenditure for a purpose to which no amount has been apropriated by that law;or
b) that any moneys have been expended for any purpose in excess of the amount appropriated to that purpose by the appropriation law or for a purpose to which no amount has been proproated by that law.
a suplementary estimate showing the sums required or spendt shall be laid before the House and,when the supplementary estimate has been aproved by the House, a suplementary appropriation bull shall be introduced in te Huse providing for hte issue of such sums from the Consolidated Fund and appropriating them to the purposes spedified therein.
Authorisation of expenditure in advantace of appropriation,
79.- There shall be such provision as may be made by Parliament under which, if the appropriationlaw in respect of any financeial year has not come into operation by the begining of tha financial year, the Minister for the time beng responsible for finance may authorise the withdrawal of moneys from the Consolidated Fund for the purpose of meeting expenditure necessary to carry on the services of the Government of DOminica until the expiration of four months from the beginning of that financial year or the coming into operation of the lae whichever is the earlier.
Contingencies Fund.
80.- (1) There shall be such provision as may be made by Parliament for the establishement of a COntingencies Fund and for authorising the Minister for the time bing responsibe for finance, if satisfied that there has arisen an urgent and unforeseen need for expenditure for which no ther provision exist, to make advances from that Fund to meet that need.
(2) Where any advance is made from the Contingencies Fund, a supplememtary estimate shall as soon as posible be laid before the House and when the supplementary estimate has been aproves by the House, a supplementary appropriation byll shall be introduced as soon as posible in the House for the purpose of replacing the amount so advanced.
Remuneration of certain officers.
81.- (1) There shall be paied to the holders of the offices to which this section applies such allowances as amy be prescribed by orn under a law enacted by Parliametn.
(2) The salaries and allowances prescribed in pursuance of this section in respect of the holders of hte offices ot whih this section applies shall be a charge on te Consolidated Fund.
(3) The salary prescribed in pursuance of htis sectionin respect of the holder of any office to which this section applies and his other terms of service (other than alliwances that are not taken into account in computing, under any law in ta behalft, any pension payabe in respect of his service inthat office) shall not be altered to his disdvantage after his appointment.
(4) When a person's salary or other terms of service depend upon hi option, the salary or terms for which he opts shall,fo rth purposes of subsection (3) of tis section, be deemed to be more advantageous to him than any other for which he might have opted.
(5) This section applies to the office sof the Presidetn, member of he Public Serice Board of Appeal, the Director of Public Prisecutions, the Dirtector of Audit, the Parliamentary COmmissioner, the Deputy Parliametnary Commissioner and the Chief Elections Officer.
(6) Nothng intis sectionshall be construed as prejudicing the provisions of section 95 of this Constituion (which protects pensions rights in respect of service as a public officer).
PUblic debt.
82.- (1) All debt charges for which DOminica is liable shall be a charge on the Consolidated Fund.
(2) For the purposes of this section debt charges include interest, sinking fund charges, the repayment or amortization of debt and all expenditure in connection with the raising onçf loans on the security of the Consolidated Fund and the service and redemption of the debt created thereby.
Audit of public accounts, etc.
83.- (1) There shall be a Director of Audit whose office shall be a public office.
(2) The DIrector of Audit shall, at least once inevery year, audit and report on the public accounts, of Dominica, hte accounts of all officers and authorities of the Government, the accounts of all courts of law inDominica (including any accounts of the Court of Appeal or the HIgh COurt maintained in Dominica), the accounts of every COmmission established by this Constituion ans the accounts of the Parliamentary COmmissioner and the Clerk of the House.
(3) The Director of Audit and any officer authorised by him shall have acess to all books, records, returns, reports and other documanets which inhs opinion relate to any of hte accoutns referred to in subsection (29 of this section.
(4) Thedirector of Audit shal submit every report made by him in pursuance of subsection (2) of this secionto the Minister for the time being responsibe for finance who shall, not later than seven days after the House of Assembly first meets after he has received the report, law, it before the House.
(5) If the Minister fails to lay a report before the House of Assembly in accordance with the provisions of subsection(4) of ths secitont he Directort of Audit shall transmit copies of that report to the Speaker of the House who shall, as soon as practicable, present tham to the House.
(6) The DIrector of Audit shall exercise such other funtions in relation to the accounts of the Goverment or teh accounts of other authorities or bodies established by law for pulic purpose as may be prescribed by or under any law enacted by parliament.
(7) In the exercise of this functions uder subsection (2), (3), (4) and (5) of this seciton, the Director of Audit shall not be subjec to the direction or control of any other person or authority.
CHAPTER VI
THE PUBLIC SERVICE
Part 1
The Publid Service COmmission
Public Service COmmission.
84.- (1) There shall be a Public Serice Commission for Dominica (hereinafter in this section referred to as the Commission) which shall consist of-
a) a chairman and deputy chairman appointed by the President, acting in accordance with the advice of the Prime Ministe;
b) two members appointed by the President, acting in accordance with thea dvice of te Prime Minister , form amongst persons selected by the appropriate representative body; and
c) not more than three other members appointed by teh President, acting in accordance with the advice of the Prime Minister;
provided that the Prime Minister shall consult the Leader of the Oppostition before tendering any advice to the President for the purposes of paragraph 8b) or (c) of this subsection.
(2) A person shall ot be qualified to be appointed as a membe of the Commission if-
a) he is, or has at any tme during the five years immediately preceding his appoitnment been, a member of the House;
b) he is, or has at any time during the year preceding his appointent been a judge or the Supreme COurt or a public officer.
(3) A member of the COmmissionshall not, within the period of three years commencing with the day on which he last held or acted in the office of member of the COmmission, be eligible for appointment to or to act ina ny public office.
(4) Subject to the provions of this section, the office of a membe of hte Commissionshall become vacant-
a) at the expiration of three years from thedate of his appointmet;or
b) if any circumstances arise that, if he were not a membe of the Commission,would cause him to be disqualified to be appointedas such under subsection (2) of this section.
(5) A member of tha Commission may be removed from office only for inability to execise the functin of this office (whether arising from infirmity of body or mind or any other cause) or for misbehaviour and shallnot be so removed except in accordance with the provisions of this section.
(6) A member o the Commissionshall be removed fromoffice by the President if the question of his removal from office has been referres to a tribunal appointed uder subsection (7) of this sectin and the tribunal has recommended to the President that he ought to be removed from office for inability as aforesaid or for misbehaviour.
(7) If the Prime Minsiter represents to the President that hte question of removing a member of the Commission under this section ought to be investigated, then-
a) the President shall appoit a tribunal which shal consist of a chairman and not less than two other members, selected by the Chief Justiv from among persons who hol or have hed office as a judge of a cour having unlimimted jurisdictionin civil and crimianl cmatters insome partof he Commonwealth or a court having jurisdiction in appeals from such a court, and
b) the tribunal shall enquire into the matter and report on the facts thereof to the President and recommend to him whether the member ought to be removed under this section.
(8) If the questin of ermoving a member of the COmmissionhas been referred to a tribunal under thissection, the President, actinfg in accordance with the advice of the prime Minster, may suspend
that member form the exercise of he functions of his office ans any such suspension may at any time be revoked by the President, acting in accordance with such advice as aforesaid, and shall in any case cease to have effect if the tribunal recommends to the President that member should not be removed.
(9) If the office of chairman of he COmmissionis vacant or if the holder of that office is for any reason unable to exercise the funtions of tis office, then, until a person has bee appointed to and has assumend the funtions of that office or until the prson holdinthat offie has resumed those functions, as the case may be, they shall be exercised by te deputy chairman or, if hte office of deputy chairman is vacant or the holder of that office is for any resaon unable to exercise the frntions of this office, by such other member of the Commission as may fo rht time being be designated by the President, acitng in accordance with the advice of the Prime Minsite.
(10) If at any time there arte less than teo members of the COmmission besides the chairman or if any sich member is acting as chairman or is for any reason unable to exercise the funtions of this office, the President, actin in accordance with the advice of the Prime Minister may appoint a person who is qalified to be appointea as a member of the Commission to act a s a membe , and any person so appointed shall, subject ot he provisons of subsection (4) of this section, continue to act until the office inwhich he is actin has been filled or,as the case may be, until the holder thereof has resumed his funtion or until his appoinment to act has been revoked by the President, acting in accordance woith the advice of the Prime Minister.
(11) A member of the Commission shall not enere upon teh duties of his office until e has taken and subscribed the oath of allegiance and the oat of office.
(12) The COmmission shall, in the exercisse of its functions undr this Constitution, not be subject to the direction or control of any other person or authority.
(13) The Commission may be regulation or otherwise regulate its own procefure and, with the consent of the Prime Minister, may confer powers or impose duties onany public officer or on any authority of the Goverment of DOminica for the purpose of the exercise of its functions.
(14) The COmmission may, subject to its rules of procedure, act notwithstanding any vacancy in tis membership or the absencrof any member and its proceedings shall not be invalidated by the presence or participation of any person not entitled to be present at or to participate in those peoceedings:
Provided that any decision of the Comiision shall require the concurrence of a majority of all its members.
(15) In this section "the apropriate representative body" means such body as is deisgnated by the President,acting in accordance with the advice of the Prime Minster, a st he principal body in Dominica representing he interests of public officers (other than police officers).
Appointment, etc.,of public officers.
85.- (1) The power to appoint persons to hold or act in offices inteh public service (including the power to confirm appointments), and, subject to the rogvisionsof section 93 of this Cosntitution, the power to exercise disciplinary control over persons holidn or acting insuch officers and the power to remove such persons form office shall vest in the Public Service Commission.
(2) The Public Serice COmmissionmay, by directions in writing and subjec to such conditions as it thinks fit, delegate any of its powers under subsection (1) of this sectin ot any one or more membes of the Commissionor , with the consent of he Prime Minister, to any public officer.
(3) The provisions of this sectionshall not apply in realtion to the following offices, that is to say-
a) any office to which section 86 of this Constitution applies;
b) the offie of Chief Electins Officer;
c) the office of Director of Public Prosecutions;
d) the office of DIrector of Audit;
e) any office to which seciton 90 of this Constituion applies; or
f) any office in the Police FOrce.
(4) No peson shall be appointed uder shit section to of to act in any office on the President's persoanl staff except with the concurrence of teh President, acting in his own deliberate judgment.
(5) Before any of the powers conferred by this section are exerecised by the Public Service COmmission or any other person or authority inrelationot he Clerk of he House or a membe o fhis staff, the Commissionor tha person or authority shall consult eith the Speaker.
(6) Before any of hte powers conferred by this sectionare exercised by the Public service COmmission or any other person or authority in relation to member of the staff of the Parliamentary COmmissioner of the Chief Elections Officer, the COmmissionor that person or authoirty shall consult the COmmissioner or, as the case may be, the Officer.
(7) A public officer shall not be removed from office or subject to any other punishment under this section on the grounds ofn ay act done or omitted by him in the exercise of a judicial fntions conferred on him uless the Judicial and Legal Services COmmissionconcurs therein.
Part 2
Appointments, etc., to particular offices
Appointment, etc., of permanent secretaries and certain other officers.
86.- (1) This section applies to the offices of Secretary to te Cabinet, permanent secretary, head a department of government, deputy head of a department of government, clerk of he House, any office for the time being designated by the Public Service Commission as an office of a chief
professional adviser to a department of government and any office for the time being designated by te Commission, after consultation with the Prime Minister, as an office the holders of which are required to reside outside Dominica for te proper discharge of their functions or as an office in Dominica whose functions relate to esternal affairs.
(2) The power to appoint persons to hold or to act in offices to which this section applies (including the power to confirm appointments),a d subject to the provisions of section 93 of this Constitution, the power to exercise disciplinary control over persons holding or acting in such officers and the power to remove sch persons from office shall vest in the President, acting in accordance with the advice of the Public Service Commission:
Provided that-
a) the power to appoint a person to hold or act in an office of permanent secretary on transfer from another such office carrying the same salary shall vest in the President, acting in accordance with the advice of the Prime Minister;
b) before the Pubic Service Commission tenders advice to the President with respect tot he appointment of any person to hold an office to which this section applies (ohter than an appointment to an office of permanent secretary on transfer from another such office carrying the same salary) it shall consult with the Prime Minister and if teh Prime Minister signigfies his objection to the appointment of any person to the office, te Commission shall not advise the President to appoint that person.
(3) References inthis section to a department of government shall not include the department of hte Attorney-general, the department of the Director of Public Prosecutions, the department of the Director of Audit, the department of the Parliamentary COmmissioner, the department of he Chief Elections Officer or the Police Force.
Chief Elections Officer,
87.- (1) The Chief Elections Officer (hereinafter in this section referres to as the Officer) shall be appointed by the President, acting after consultation with the Electoral Commission.
(2) If the office of te Officer is vacant or if the holder of that office is for any reason unable to exercise the funtionc of his office, the President, acting after consultation with the Electoral Commission, may appoint a persn to act as in that office.
(3) A person shall not be qualified to be appointed to hold the office of hte Officer unless he holds such qualifiecations (if any) as may be prescribed by Parliament.
(4) A personappointed to at in the office of the Officer shall, subject to te provision of subsections (5), (7), and 98) of this section, cease so to act-
a) when a peson is appointed to hold that office and has assumed the functions thereof or , as the case may be, when the perosn in whose place he is acting resumes the funtions of that office; or
b) at such earlier time as amy be prescribed by te terms of his appointment.
(5) Subject to the provisions of subsection (6) of this section, the Officer shall vacate his office when he attains the prescribed age.
(6) Apeson holding the office of hte Officer may be removed from office only for inability to exercise the funtions of this office (whether arising form infirmity of body or mind or any othe cause) or for misbehaviour and shall not be so removed except in accordance with the provisions of this section.
(7) The officer shall be removed from office by the President ifd the question of his removal from office has been referred to a tribunal appointed under subsection (8) of this section and the tribunal has recommendedto the Presient that he ought to be removed for inability as aforesaid or for misvehaviour.
(8) If the President, acting in his own deliberate judgment, considers that the question of removing the Officer undr this section ought to be investigated, then-
a) the Presiendt shall appoint a tribunal which shall consit of a chairman and not less than two other members, selected by the Chief Justice from among persons who hold or have held office as a judge of a court having unlimited jurisdicion in civil and criminal matters in some part of the Commonwealth or a court having jurisdiction in appeals from such a court; and
b) the tribunal shall enquire into the matter and report on the facts thereof to the Presiden and recommend to hom whether the Officer ought to be removed under this section.
(9) If the question of removing the Officer has been referred to a tribunal under this section, the Presient, acting in his own deliberate judgment ,may suspend the Officer from the exercise of the functions of his office and any such suspension may at any time be revoked by the President, acitng as aforesaid, and shall in any case cease to have effect if the tribunal recommends to the President hta the Officer should not be removed.
(10) The President age for the purposes of subsection (59 of this section is the age of fifty-five years or such other age as amy be perscribed by Parliametn;
Provided that any law enacted by Parliament, to the extent to which it alters the prescribed age after a person has been appointed to be or to act as Officer, shall not have effect in relation ot ahtat person unless he consents that it should have effect.
Director of Public Prosecutions.
88.- (1) The Director of Public Prosectuions is vacant or if te holder of hta office is for any reason unable to exercise the funtions of his office, the President, actin in accordance with the advice of the Public Service Commission, may appoint a peron to act as Director.
(3) Before tendering advice for the purposed of subsection (1) or (2) of this ection the Public Service Commission shall consult the Prime Minister.
(4) A person shall not be qualifeid to be appointed to hold the office of Director of Public Prosecutions unless he hold one of the specified qualifications and has held one or other of those qualifiecations for a total period of not less than seven years.
(5) A perosn appointed to anct int e office of Director of Publis prosecutions shall,subject to the provisions of subsetions (6), (8), (9) and (10) of this section, cease so to act-
a) when a person is appointed to hold that office and has assumed the funtions thereof or, as the case may be, when the peron in whose place he us actubg resumes the functions of that office; or
b) at such earlier time as may be prescribed by the terms of his appointment.
(6) Subject to the provision of subsection (7) of this section, the Director of Public Prosecytuions shall vacate his office when he attains the prescribed age.
(7) A peson holding the office of Direcro of Public PRosections may be removed from office only for inabilityto exercise the funtion sof his office (whether arising from informity of body or mind or acy other cause) or for misbehaviour and shall not be so removed except in acordance with the provisions of this section.
(8) The Director of Public Prosectutions shall be removed from office by the President if the question of his removal from office has been referred to a tribunal appointed under subsection (99 of this sectiona nd the tribunal has recommended to te President that he ough to be removed for inability as aforesaid or for misbehaviour.
(9) if the Prime Minister of the chairman of the Public Service COmmission represents to te President that the question of removing the Director of Public Prosectuions under this sectio ought to be investifated then-
a) the President shall appoint a tribnal which shall consist of a chairman and not less than two othe members, selected by the Chief Justice from among persons who hold or have held office as a judge of a cort having unlimited jurisdiction incivil and criminal matters insome part of the COmmonwealth or a court having jurisdiction in appeals from such a corut; and
b) the tribunal shall enquire into the matter and report on thefacts therof to the President and recommend to him whether the Director ought to be removed under this section.
(10) If the question of removing the Direcror of Public Prosecutions has been refered to a tribunal under this section, the President, acting in accordance with teh advice of the Public Service Commission, may and any such suspensionmay at any time be revoked by the President, acting in accordance with such advice as aforesaid and shall in any case cease to have effect if the tribunal recommends to the President that the Director should not be removed.
(11) The Prescribed age for the purposes of subsection (6) of this section is the age of fifty-five years or such other age as amy b perscribed by Parliament:
provided that any law enacted by Parliament, to the extent to which it alters the prescribed afe after a person has been appointed to be or to act as Director of Public Prosectuions, shallnot have efffect in relation to that perosn unless he consents that it shaould have effect.
DIrector of Audit.
89.- (1) The Director of Audit shall be appointe by the Presdient ,acting in accordance with the advice of the Public Service Commission.
(2) If the office of Direcro of Audit is vacant or if the holder of that office is for any reason unable to exercise the funtion of his office, the President, acting in accordance with the advice of the Public Service Commission, My appoint a person to act as Director.
(3) Before tendering advice for the purposes of subsection (1) or subsection (2) of this section, the Public Service Commissionshall consult the Prime Minister.
(4) A person appointed to act in the office of Direcr of Audit shall, subject to the provisions of subsections (5), (7), (8) and (9) of this section cease so to act-
a) when a person is appointed to hold that office ans has assumed the funtions thereof or, as the case may be, when the person i whose place he is acting resumes the fntions of that office; or
b) at such earlier time as amy be prescribed by the terms of his appointment.
(5) Subject to the provisions of subsection (7) of this section the Director of Audit shall vacate his office when he attains the prescribed age.
(6) A person holding the office of DIrecor of Audit may be removed from office only for inability to exercise the functions of his office (whether arising from infirmity of body or mind or any other cause) or for misbehaviour and shall not be so removed except in accordance with the rovisions of tis section.
(7) The Director of Audit shall be removed from office by the President if the question of his removal fro office has been referred to a tribunal appointed under subsecion (8) of this section ans the tribunal has recommended to the President that he ought to be removed for inability as aforesaid or for misbehaviour.
(8) If the Prime Minster of he chairman of the Public Service Commission represents to the President tha the question of removing the Director of Audit under htis section ough to be investigated-
a) the President shall appoint a tribunal which shall consist of a chairman and nor less than two other members selected by the CHief Justice from omong persons who hold or have held office as a judge of a court having unlimited jurisdiction incivil and criminal matters in some part of the Commonwealth or acourt having jurisdiction in appealt fromsuch a court; and
b) the tribunal shall enquire into the matter and report onthe facts thereof to the President and recommend to him whether the Director ought to be removed under this section.
(9) If the question of removing the Director of Audit has been referred to a tribunal unser this section the President, acting ina ccordance with the advice of the Public Service Commission, may suspended the Director or Audit formthe exercise of the funtions of his office and any such susupensionmay at any time be revoked by the President, acitgn in accordance with such advice as aforesaid, and shall in any case cease to have effect if the tribunal recommends to the President that the Director should not be removed.
(10) The Prescribed age for the purposed of subseciton (5) of this sectionis the age of fifty-five or such other age as amy be prescribed by Parliametn:
Provided that any alw enacted by parliament to the extent to which it altes the prescribed age after a person has been appointed to be or to act as Direcror of Audit, shall ot have effect in relation ot that person unless he consents that it should have effect.
Appointment, etc., of magistrates, registrars and legal officers.
90.- (1) This section applies to the offices of magistrate, registrar of the High Court and assistant registrar of the High Court ans to any public office inthe department of he Attorney-General (including hte pulbic office of Attorney-General) or in the department of he Parliamentary Commissioner, the department of the department of he Director of Public Prosectuitons (other than the office of DIrector) for appointment to which perons are required to hold one or other of the specified qualifications.
(2) The power to appoint persons to hold or act in aoffice to which this section applies (including the power to confirm appoinments) shall vest int he Public Service Commission:
Provided tha t before exercising the powers conferred by this section in any case the Public Service Commissionshall consult the Judicial and Legal Services Commission.
(3) Subject to the provisions of section 71(4) of this Cosntitution, the power to exercise disciplinary control over persons holding or cting in officers to which this section applies and the pwoer to remove such perosns from office shall vest inthe Judicial and Legal Services COmmission.
Provided that before exercising the pwers conferred by this subsection in any case the Judicial and Legal Services Commission shall consult the Public Service Commission.
Part 3
The Police
POlice Service Commission.
91.- (1) There shall be a Police Service COmmission for DOminica which shall consist of-
a) a chairman and a deputy chairman appointed by the President, acting in accordance with he advice of the Prime Miister;
b) two members appointed by the President, acting in accordance with the advice of eh Prime Minister, from amongst persons selected by the appropriate representative body; and
c) not more than three other members appointed by teh President, acing in accordance with the advice of the Prime Minister;
provided that the Prime Mnister shall consult the Leader of the Oppostiion before tendering any advice to the President for the purposes of paragraph (b) or (c) of this subsection.
(2) The provisions of secion 84 of this Cosntitution (other than subsections (1) ans (15)) shall apply in relation to the Police Service COmmission as they apply in relation ot the Public Service Commission.
(3) In this section "the appropriate represetnative body" means such body as ais designated by the President, acting in accordance witht he advice of the Prime Minsiter, as the principal body in Dominica representing the interests of police officers.
Appointment, etc., of police officers.
92.- (1) The power to appoint a person to hold or act inthe office of Chief of Police or Deputy Chief of Police and, subject to the provisions of section 93 of this Cosntitution, the power to remove the Chief of Police or Deputy Chief of Police from office shall vest in the President, acting in accordance with the advice of the Prime Minister, given after consultation with the Leader of the Opposition and the Police Service COmmission.
(2) The power to appoint persons to hold or act in aoffices inthe Police Force below the reank of Deputy Chief of Police (including the power to donfirm appoinmetns), and, subject to the provisions of section 93 of this Constitution, the power to exercise disciplinary control over persons holding or acting in such offices and the power to remove such persons from office shall vest in the Police Service Commission.
(3) The Police Service Commissionsmay, by directions inwriting and subject to such conditions as it thinks fit, delegate any of its powers under subsection (2) of this section in rspect of officers below the rank of sergeant or of persons holding or acting in those offices ot any one or more membersof hte Commission or, with the consent of the Prime Minisre, to the Chief of Police or any other officer of the Police Force.
(4) A police officer shallnot be removed from office or subjected to any other punishment under this section on the grounds of any act done or omitted by him in the exercise of any judicial function conferred on him unless the Judicial and Legal Services Commission concurs therein.
Part 4
The Public Service Board of Appeal
Public Service Board of Appeal.
93.- (1) There shall be a Public Service Board of Appeal for Dominica (hereinafter inthis section and in section 94 of this Cosntitution referred to as the Board) which shall consist of-
a) one member appointed by the President, acting inhis own deliberate judgment, who shall be chairman;
b) one member appointe aby the Presidnet, acitng in accordance with the advice of teh Prime Minister; and
c) one member appointed ay the President, acting in accordance with the advice of the appropriate representative body.
(2) A person shallnot be qualifie for appointment as a member of the Board if he is a meber of hte House and a perosn shall not be qualified for appointment under paragraph (c) of subsection (1) of this section unless he is or has been a public officer.
(3) Subject to the provisions of this section, the office of a member of the Board shall become vacant-
a) at the expiration of three years from the date of his appointment; or
b) if any circumstances arise that, if he were not a member of the Board, would cause him to be disqualified to be appointed as such under subsection (2) of this section.
(4) A member of the Board may be removed fromoffice only for inability to exercise the functions of his office (whether arising from infirmity or body or mind or any other cause) or for misbehaviour and shall not be so removed except in accordance with the provisions of this section.
(5) A ember of the Board shall be removed from office by the President if the question of his removal from office has been referred to a tribunal appointed under subsection (6) of this section and the tribunal has recommended to the President that he ought to be removed from office for inability as aforesaid or for misbehaviour.
(6) If the Presiedtn considers that the question of removing a ember of the Board under this section ought to be investigated, then-
a) the President shall appoint a tribunal which shallconsist of a chairman and not less than two other members, selected by the Chief Justice from among persons who hold or have held office as a judge of a court having unlimited jurisdiction in civil and criminal matters in some part of the Commonwealth or of a court having jurisdiction in appeals from such a court; and
b) the tribunal shallenquire into the matter and report on the facts thereof to the President and recommend to him whether tha member ought ot be removed under this section.
(7) If the question of removing a member of the Board has been referred to a tribunal under this section, the President may suspend that member from the exercise of the fucntions of his office and any such suspension may at any timebe revoked by the President and shall in any case cease to have effec if the tribunal recommends to the President that membe should not be removed.
(8) if at any time any member of he Board is for any resaaon uanble to exercise the functions of his office, the President may appoint a person who is qualified to be appointed as a memeber of the Board to act as a member and any person so apppointed ahsll, subject to the provison of subsection (4) of this section, continue to act until the holder thereof has resumed his functions or until his appointment to act has been revoked by the President.
(9) In the exercise of he Powers conferred upon him by subsections (6), (7) and (8) of this section the President shall, in the case of a member of he Board appointed under paragraph (b) of subsection(1) of this section, act in accordance with the advice of the Prime Minister and shall in any other case act inhis own deliberate judgment.
(10) The Board shall, inthe exercise of its functions under this Cosntitution, no be subject to the direction or control of nay other person or authority.
(11) In this section " the appropriate representative body" means the body designated under section 84 (15) of htis Cosntitution.
Appeals in discipline cases.
94.- (1) This section applies to -
a) any decision of the President, acting in accordance with the advice of the Public Service COmmissioner the advice of the Police Service COmmission, or any decision of the Public Service Commission or of the Police SAervice COmmission, to remove a public officer form office or to exercise disciplinary control over a public officr (including a decision made on appeal from or confirming a decision of any person to whom powers are delegated under section 85(2) or 92(3) of this Cosntitution);
b) Aany decision of nay person to whom powers are delegated under section 85(2) or 92(3) of this Cosntituion to remove a public officer from office or to exercise disciplinary control over a public officer (not being a decision which is subject to appeal to or confirmation by the Public Service COmmission or the Police Service Commission);
c) such decisions with respect to the discipline of any military,naval or air force of Dominica as amy be prescribe by Parliament.
(2) Subject to theh provision of this section, an appeal shall lie to the Board from any decision to which this section applies at the instance of the Public offier or member of he naval, military or ait force in respect of whom the decision is made.
(3) Upon an appeal underthis sectin the Board amay affirm or ser aside the decision appealed against or maymake any other decision appealed against or may make any other decision which the authority or person from whomthe appeal lies could have made.
(4) Every decision of the Board shall require the concurrence of a majority of all its members.
(5) Subject to the provisions of subseciton (4) of this section, the Board may be regulation make provisions for
a) the procedure of the Board;
b) the procedure in appeals under this section; or
c) excepting from the provisions of subsection (2) of this section decisions in respect of public officers holding offices whose emoluments do not exceed such sums as amy be prescribed by the regulations or such decisions to exercise disciplinary control, other than decisions to remove from office,as may be so prescribed.
(6) Regulations made under this section may, with the consent of the Prime Minister, confer powers or impose duties on any public officer or any authority of the Governetn of Dominica for the purpose of the exercise of the functions of he Board.
(7) Thje Board may, subject to the provisons of this sectionand to its rules of peocefure, act notwithstanding any vacancy in its membership or the absence of any member.
Part 5
Pensions
Pensions laws and protection of pensions rights.
95.- (1) The law to be applied with respect to any pensions benefits that were granted to any person before teh commencement of this Cosntitutionshall be the law that was in force at the date on which those benefits were granted or nay law inforce at a later date that is not less favourable to that person.
(2) The Law to be appleid with respect to any pensions benefits (not being benefits to which subsection (1) of this section applies) shall-
a) in so far as those benefits are wholly in respect of a period of service as a judge or officer of he Supreme Court or a public officer tha t commenced before the commencement of this Constitution, be the law that was inforce at such commencement; and
b) in so far as those benefits are wholly or partly in respect of a period of service as a judge or officer of the Supreme Court or a public officr that commenced after the commencement of this COnstitution, be the law in force ontehdate on which that period of service commenced,
or any law in force at a later date that is not less favourable to tat person.
(3) WHere a person is entlited to exercise an option as to which of two or more laws shall aply inhis case, the law for which he opts shall, for the purposes of this section, be deemed to be more favourable to him than the other law or laws.
(4) All pensiions benefits shall (except to the extent to the extent that they are by law charge upon and duly paid out of some other fund) be a charge onthe Consolidated Fund.
(5) In this section "pensions benefits" means any pensions, compensation, gratuites or other like allownaces for persons in respect f their servise as judges or officers of the Superem COurt ore public officers or for the widoes, children, dependants or personal representatives of such perons in respect of such service.
(6) references inthis section to the law eith respect to pensions benefits include (without prejudice to their generality) references to the law regulating the circumstances inwhich such benefits may be granted or in which the grant of such benefits may be refused, the law regulating hte circumstances inwhich any such benefits may be refused, the law regulating the circumstnaces inwhich any such benefits that have been granted may be withheld, reduced in amount or suspended and hte law regulating the amont of any such bnefits.
Power to withold pensions, etc,
96.- (1) Where under naylaw any peron or authority has a discretion-
a) to decide whether or not any pensions benefits shall be granted;or
b) to withhold, reduce in amount or suspend any such benefits tha have been granted,
those benefits shall be granted and amy not be withheld, reduce in amount or suspended unlessthe Public Service Commission concurs in the refusal to grant the benefits or, as the case may be, in the decision to withhold them, reduce them in amount or suspend them.
(2) Where the am9unt of any pension benefirts that may be granted to any peron is not fixed by law, the amount of the benefits to be granted to him shall be the gratest amount for which he is eligible unless the Public Service Commission consurs inthis being granted benefits of a smaller amount.
(3) The Public Service Commissionshallnot concurs under subsection (1) or subsection (2) of this sectionin any action taken onthe ground tha tnay perosn who holds or has held the office of judge of he Supreme Court, Director of Public Prosectuions, Director of Audit or Chief Elections Officer has been guilty of misbenahiour intha office unles he has been remoev from that office by reson of such misbehaviour.
(4) Before the Public Service Commissionconcurs under subseciton (1) or subsection (2) of this section in any actintaken onthe grond tha nay peron swho holds or has held any office to which, at the time of such action, section 90 of this Cosntitution applies has been guilty of misbehaviour inthat office,the Public Service COmmission shallconsult the Judicial and Legal Services Commission.
(5) Inthis section "pensions benefits" means any pensions, compensation, gratuites or other like allownaces for persons inrespecti of their service as judge or officers of the Supreme COurt or public officers or for the widows, children, dependants or personal representatives of such persons in respect of such service.
CHAPTER VII
CITIZENSHIP
Persons who become citizens on 3rd November 1978.
97.- (1) Every perons who, having been born in Dominica, is immediately before the commencement of this Cosntitution a citizen of the United Kingdom and Colonies shall become a citizen of DOminica at such commencememt.
(2) Every person who, immediately before teh commencement of this Cosntitution, is a citizen of the United Kingdom and Colonies-
a) having become such acitizen under the British Nationality Act 1948(a) by virtue of his having been naturalised inDOminica as a British subject before that Act came into force; or
b) having become such a citizen by virtue of his having been naturalised or registered in DOminica under the British Nationality Acts 1948 to 1965.
shall become a citizen of Dominica at such commencement.
(3) Every perosn who, having been vorn outside DOminica, is immediately before the commencement of this COnsititution a citizen of eh United Kingdom and COlonies shall, if his father or mother becomes, or would but for his death have become, a citizen of Dominica by virtue of subsection (1) or subsection (2) of this section, become a citizen of DOminica at such commencement.
Persons born in Dominica on or after 3rd November 1978.
98.- Every person born in DOminica after the commencement of htis Cosntitution shall become a citizen of DOminica at the date of his birth:
Provided that a person shallnot become a citizen of Dominica by virtue of this sectionif at the time of his birth-
a) neither of his parents is a citizen of DOminica and his father possesses such immunity fromsuit and legal process as is accorded to the envoyment of a foreing sovereign power accredited to Dominica; or
b) his father is a citizen of a country with which DOminica is at war and the birth occurs ina place then under occupation by that country.
Persons born outside DOminica on or after 3rd November 1978.
99.- A person born outside DOminica after the commencement of this Cosntituionshall become a citizen of Dominica at the date of his birth if, at that date, his father or mother is a citizen of Dominica otherwise than by virtue of this section or section 97(3) of this Constitution.
Registration.
100.- (1) The following persons shall be entitled, upon making application and, inthe case o fa British protected persons or an alien who has attaind the age of eighteen years, taking the aoath of allegiance, t be registered as citizens of DOminica-
a) any peron who is marreid to a citizen of DOminica or who has been married to a person who, at any time during the period during which they were married to each other was, a citizen of Dominica:
b) any person who, being a Commonwealth citizen, is and for the previous seven years has been ordinarily resident in DOminica;
c) any person who, having been a citizen of DOminica,has renounced his citizenship inorder to qualify for the acquisition r retentionof eh citizen of another country;
d) any person who is married tonay such person as is mentioned in paragraphs (b) or (c) of this subsectionor who was married to were married to each other, was entitled to be registered as a citizen of Dominica under wither of those paragraphs;
e) any person under the age of eighteen years who is the child, stepchild or child adopted ina manner recognised by law of a citizen of DOminica or is the child, stepchild or child so adopted of a personwho is or would but for his death have been entitled to be registered as a citizen of Dominica under this subsection; or
f) any person who, before the commencement of this Constitution, has been married to a person-
i) who becomes a citizen of Dominica by virtue of section 97 of this Cosntitution; or
ii) who, having died before such commencement, would but for his death have become a citizen of DOminica by virtue of that section,
but whose marriage has been terminated aby death or dissolution before such commencement.
(2) An application uder his section shall be made insuch manner as may be prescribed, as respects that application, by or under a law enacted by Parliament and inthe case of a perosn to hwo subsection (1)(e) of this section applies, it shall be made onhis behalft by his parent or guardian before he attains the age of eighteen years or such later age as may be so prescribed.
Acquisition, deprivation and renunciation.
101.- There shall be such provisions as may be made by parliament for-
a) the acquisition of citizenship of Dominica by person who are not eligible or who are no longer eligible to become citizens of DOminica under the provisions of this Chapter;
b) depriving of his citizenship of DOminica any person who is a citizen of Dominica otherwise than by virtue of section 97, 98 or 99 of this Constitution;
c) the renunciation by any person of his citizenship of DOminica.
Interpretation
102.- (1) In this Chapter-
"alien" menas a person who is not a Commonwealth citizen, a British protected person or a citizen of the Republic of Ireland;
"Britishprotected person" menas a person who is a british protected person for the prupose of he British natiolality Act 1948 or any Act of the Parliaemtn of the United Kingdom altering that Act.
(2) For the purposes of this Chapter, a person born aboard a registered ship or aircraft, or aboard an unregistered ship or aircraft of the Governmene of any country, shall be deedmed to have been born in the palace inwhich the ship or aircraft was registered or, as the case may be, in that country.
(3) Any reference inthis Chapter to the national status of the father of a person at the time of that person's birth shall in relationto a person born after the death of his father, be construed as a reference to the national status of the father at the time of the father's death; and where that deate occurred before the commencement of this Cosntitution ans the birth ocurred after such commencement the national status tha tthe father would have had if he had died immediately after such commencement shall be deemend to be his natioanl status at the time of his death.
CHAPTER VIII
JUDICIAL PROVISIONS
Original Jurisdiction of High Court in Constitutional questions.
103.- (1) Subject to the provisions of section 22(5), 38 (6), 42(8), 57(7), 115(8), 118(3) and 121(10) of this Constitution , any perosn who alleges that anyt provision of this Constitution (other than a provision of Chapter I thereof) has been or is being contravened may, if he has a relevan interestl, apply to ht High COurt for a delaration and for relief under this section.
(2) The High Court shall have jurisdiction on an application made under this section ot determine whether any provision of this Constitution (other than a provision of Chapter I thereof) has been or is being contravened and to make a declaration accordingly.
(3) Where the High COurt makes a declaration under this section that a provision of this Cosntitution has been or is being contravened and the perons on whose application the declaration is made has alson applied for relief, the High Court may grant to that person such remedy as it considers appropriate, being a remedy available generally under the law of Dominica in proceedings in the High COurt.
(4) The ChiefJustice may make rules with respect to the practice ad procedure of the Hig Court in relation ot the jurisdiction and powers conferred ont he Court by or underthis section, including provisions with respect to the time within which any application under thissectionmay be made.
(5) A person shall be regarded as having a relevant interest for the purpose of an application under this sectiononly if the contravention of this Cosntitution alleged by him is such as to affect his interests.
(6) The right conferred on a person by this section to apply for a declaration and relief in respect of an alleged contravention of this Constitution alleged contravention of tis Constitution shall be in addition to any other action in respect of the same matter that may be available to that person under any other enactment or any rule of law.
(7) Nothing in this sectionshall confer jurisdiction on te High Court to hear or determine any such questionas is referred to ain section 40 of this Constitution.
Referebce of constitutional questions to High Court.
104.- (1) Where any question as to the interpretation of this Constitution arises in any court of law established for Dominica (ohter than the Court of Appeal, the Hihg COurt or a court martial) and hte court is of opinion that the question involves a substantial question involves a substantial question of law the court shall refer the question to the High Court.
(2) Where any question is refered to the High Court In purusance of this section, the High Court shall give its decisio upon the question and ther court in which te question arose shall dispone of teh case in accordance with tha tdecision or, if he decision s the subject of an appeal to the Court of Appeal of the Judicial Committee, in accordance whith the decision of eh Court of Appeal or, as the case may be, the Judicial Committee.
Appeals to Court of Appeal.
105.- (1) Subject to the provisions of section 40(7) of this Constitution, an appeal shalllie from decisions of the Hig Court to the COurt of Appeal sa of right inthe following cases-
a) final decisions in any civil or crimimal proceedings on questions as to the interpretation of this Cosntitution;
b) final decisions given inexercise of the jurisdiction conferred on the Hihg COurt by section 16 of this COnstitution (which relates tot he enforcement of the fundamental rights and freedoms).
(2) An appeal shall lie from final decisions of the Public Service Board of Appeal to the Court of Appeal.
(3) The Chief Justice may ,ake rules with respect tot he practice and procedure of the Court of Appeal in relation ot appeals from the Pblic Service Board of Appeal to the COurt of APpeal.
Appeals to the Judicial Committee.
106.- (1) An appeal shallie from defcision of the Court of APpeal to the Judicial COmmittee sa of right inthe following cases-
a) final decisions in any civil proceedings where the matter in dispute onthe appeal to the Judicial Committee is of te prescribed value or upwards or where the appeal involves directly or indirectly a claim to or question respecting property or a right of the prescribed value or upwards;
b) final decisions in proceedings for dissolution or nullity of marriage;
c) final decision in any civil or criminal proceedings which involve a question as to the interpretation of this Constitution; and
d) such other cases as may be prescribed by Parliament.
(2) AN appeal shall lie from decisions of the Court of Appeal to the Judicial Committee with the leave of the Court of Appeal inthe folliwing cases-
a) decisions in any civil proceedings where inthe opinion of the Court of Appeal the question involved in the appeal is one that, by reason of its great general or puhblic importance or otherwise, ought to be submitted to the Judicial COmmittee; and
b) such other cases as amy be prescribed by Parliament.
(3) An appeal shalllie to the Judicial Committee with the special leave of eh Committee from any decision of ht eCourt of Appeal in any civil or criminal matter.
(4) References in this section to decisions of the Court of Appeal in exercise of the jurisdicitionconferred by this Constitution or any law for the time being in force in DOminica:
Provided tjat they don ot include references to decisions in exercise of the jurisdiction conferred by section 105(2) of this Cosntitution,
(5) Inthis section the prescribed value means the value of fifteen hundred dollars or such other value as amy be prescribed by Parliament.
(6) This sectionshall be subject to the provisions of section 22(4) and 40(7) of this Constitution.,
Interpretation.
107.- In this Chapter references to the contravention of nay provision of, or the interpretation of , this COnstituionshall be construed as including references o te contraventionof any provision of, or the interpertation of, the Supreme Court Order.
CHAPTER IX
PARLIAMENT COMMISSIONER
Appointment, etc., of Commissioner
108.- (1) There shall be a Parliamentary COmmissioner for Dominica who shall be an officer of Parliament and who shal not hold any othe office of emolument whether inthe public service of otherwise nor engage inany other occupation for reward.
(2) The parliamentary COmmissioner shall be appointed by the President, acting after consultation with the Prime Minister and the Leader of the Opposition, for a term not exceeding five years.
(3) before entering Before entering upon the dutise of his office, the Parliametary COmmissioenr shal take and subscribe the oath of office before teh Speaker.
(4) Subject to the rovsions subsection (7)= of this sectiont eh Parliamentary COmmissioner shallvacate his office at the expiration of the term for which he was appointed:
Provided that he shall vacate his office-
a) if with is consent he is nominated for election as a Representative or Senator; or+
b) if he is appointed to any other office of emolument or engages in any other occupation for reward.
(5) If the office of Parliamentary COmmissioner becomes vacant, an appointment to fill the office shal be made within ninety days of he occurrence of the vacancy;
Provided that the House may be resolution extend that period for further periods nor exceeding inthe agregate one hundred and fifty days.
(6) A personholding the office of Parliamentary COmmissioner may be removed from office only for inability to exercise the functions of his office whether arising from infirmity of body or mind or any other cause) or for mibehaviour and shall not be so removed except in accordance with the provisions of this section.
(7) The Parliamentary Commissioner shall be removed from office by the President if the question of his removal fromoffice has been referred to a tribunal appointed under subsection (8) of this section and the tribunal has recommended to the President that he ought to be removed for inability as aforesaid or for misbehaviour.
(8) If the President, acting after consultation with the Prime Minsiter ans the Leadere of the Opposition, considers that the question of removing the Parliamentary COmmissioner under this section ought to be investigated-
a) the Presidnet shall appoint a tribunal whishc shal consist of a chairman and not less than two other members selected by the Chief Justice from among person who hold or have held office as a judge of a court having unlimited jurisdiction in civil and criminal matters insome part of he COmmonwealth or a court having jurisdiction i appeal from such a court; and
b) the tribunal shall enquire into the matter and report onthe facts thereof to the President and recommend to him whether the COmmissioner ought to be removed under this section.
(9) If the question of removing the Parliamentary COmmissioner has been referres to a tribunal this section, the President, acting after consultation with the Prtime Ministe rand the Leader of the Opposition, may suspend the Commissioner fromteh exercise of the functions of his office and any sich suspension may at any time be revoked by the President, acting as aforesaid, and shall in any case cease to have effect if the tribunal recommends to the Presidnet that the COmmissioner should not be removed.
Deputy Parliamentary Commissiner and staff.
109.- (1) There shall be a Deputy Parliamentary COmmissioner and the provisions of section 108 of this Constitution shall apply in relationto the Commissioner and his office as they apply in relation to the Parliamentary COmmissioner and his office.
(2) Ther Deputy Parliamentary Commissioner shall assist the Parliamentary Commissioner in the Performance of the functions of his office and whenever that office is vacant or the holder of the office is for any reason unable to perform those functions, the Deputy Parliamentary Commissioner shall perform those functions.
Functions of COmmissioner.
110.- (1) Subject to the provisions of this sectionand sections 111 and 112 of this COnstitution , the principal function of the Parliamenary Commissioner shall be to investigate any decision or recommendation made, including any advice give or recommendation made to a Minister, or any act done or omitted by any department of government or any other authority to which this section applies, r by officer or mmembers of such a department or authority, being action taken in exercise of the adminictrative functions of that department or authority.
(2) The Parliamentary COmmissioner shall be provided with a staff adequate for the efficient discharge of his functions and the offices of the members of his staff shall be public offices.
(3) The parliamentary COmmissioner may investigate any such matter inany of the folliwing circumstances-
a) where a clomplint is duly made to the Commissioner by any person alleging that the complainant has sustained an injustice as a result of fault inadministration;
b) where a member of he House request the Commissioner to investigate the matter onthe ground that a person or body of persons specified inthe request has or may have ustained such injustice; and
c) in any other circumstances in which the Commissioner considers that he ought to investigate the matter on the ground that some person or body of person has or may have sustained such injustice.
(4) The authority other than departments of government to which this section applies are-
a) local authorities other bodies establishment for purposes of the public service or of politica government;
b) authorities or bodies the majority of whose members are appointed by the President or be a Minister or whose revenues consist wholly or minly of moneys provided out of public funds;
c) any authority empowered to determie the peron with whom any contract shsll be entered into by or on behalf of the Government; and
b) such other authorities as may be prescribed by Parliement.
Restrictions on matters for investigation.
111.- (1) In investigating any matter leading to, resulting from or connected with the decision of a Minister, the Parliamentary Commissioner shall not inquire into or question the policy of the Minister inaccordance with which the decision was made.
(2) The Parliamentary Commissioner shall have power to investigate complinst of administrative injustice under section 110 notwithstanding that such complaints raise questions as to the integrity or corruption of the public service or any department or office of the public service, and may investigate any conditions resulting from, or calculated to facilitate or encourage, corruption inthe public sevice, but he shall not undertake any investigation into specific charges of corruption against individuals.
(3) where inthe course of an investigationit appears to hte Parliametnary COmmissioner that there is evidence of any corrupt act by any public officer or by any prson in connection with the public sevice, he shall report the matter to the appropriate authority with his recommendationas to any further investigation he may consider proper.
(4) The parliametnary Commissioner ahsll not investigate-
a) any action in respect of which the complaint has or had
i) a remedy by way of proceedings in a court of law; or
ii) a right of appeal, reference of review to or before an independent and impartial tribunal other than a court of law; or
b) any such action, or action taken with respect to any matter , as is described in Schedule 3 to this Constitution.
(5) Notwithstanding the provisions of subsection (4) of this section the Parliamentary Commissioner-
a) May investigate a matter notwithstanding that hte complainant has or had a remedy by way of proceedigs in a court of law if satisfied that in the particular circumstances it is not reasonable to expect him to take or to have taken such proceedings;
b) is not in any case precluded fro investigating any matter by reson only that it is open to the complainant to apply to the High COurt for redress under section 16 of
ths Cosntitution (whch relates to the enforcement of hte fundamental rights and freedoms).
Discretion of COmmissioner.
112.- Inthe determinig whether to initiate, continue or discontinue an investigation, the Parliamentaryu Commissioner shall, subject to eh provisiono f sections 110 and 111 of this Cosntitution, acti in his discretion, the Commissioner may refused to initiate or may discontinue an investigation where it appears to him that-
a) a complaint relates to action of which the complainant has knowledge for more than twelve months before the complaint was received by th Commissioner;
b) the subject matter of eh complint is trivial;
c) the complaint is frivolous or vexatious or is not made in good faith; or
d) the complainant has not suffciet interest in the subject matter of eh complaint.
Report on investigation.
113.- (1) Where a complanti or request for an investigationis duly made and the Parliamentary COmmissioner decides not to investifate the matter or where he decides to discontinue an investigation of hte matter, he shall inform the persons who made the complaint or request of the reasons for his decision.
(2) Upon the completion of an investigation the Parliamentary COmmissionershal inform the department of government of the authority concerned of the result of the investigation and if he is of the opinion hta any person has usstained an injustice in consequence of a fault in administration, he shall inform the department of governmetn of he authority of teh reasons for his opinion and make such recommendations as he thinks fit.
(3) The Parliamentary Commissioner mayin his original recommendations, or at any later stage if he thinks fit, specify the time within which the injustice should be remedied.
(4) Where the investigationis undertaken as a result of a complaint or request, the Parliamentary Commissioner shall inform the person who made the compliant or request of his findings.
(5) Where the matte ris inthe opinion of the Parliamentary Commissioner of sufficient public importance or where teh Commissione has made a recommendationunder subsection (2) of this sectionand within the time specified by him no sufficient action has been taken to remedy the injustice, then the Commissioner shallmake a special report to the House on the case.
(6) The parliamentary Commissione shal lmake annual reports to the House on the performance of his functions which shal nclude statistics in such form and in such detail as may be prescribed o fthe complaints received by him and the results of his investigations.
Power to obtain evidence.
114.- (1) The Parliamentary Commissione shall have the powers of the High Court to summon withnesses to appear before him and to compel them to give evidence on oath and to procedure documents relevant to the proceedings before hi and all persons giving evidence at those proceedings shall have the same duties and liabilities and enjoy the same privileges as in the High Court.
(2) The Parliamentary Commissioner shall have power to enter and inspect the premises of any department of government or any authority to which section 110 applies, to call for, examine and where necessary retain any documment kept onsuch premises and there to carry out any investigation in pursuance of his functions.
Prescribed matters concerning Commissioner.
115.- (1) There shall be such provision as may be made by Parliament-
a) for regulating the procedure for the making of complaints and request to the Parliamentary Commissioenr and for the exercise of his functions;
b) for conferring such powers onteh COmmissioner and impossing duties on persons in connection with the due performance of his functions; and
c) generally for facilitating the performance by the Commissioner of his functions.
(2) The Parliamentary Commissioner ma not be empowered to sumon a Minister or a Parliamentary Secretary to appear before him or to compel a Ministe or a Parliamentary Secretary t answer any question relating to any matter under investigation by the COmmissioner.
(3) The Parliamentary COmmissionera may not be empowered to summon any sitness to procedure any Cabinet papers or to give any confidential income tax information.
(4) No complainant may be required to pay any fee in respect of hi complaint or request or for any investigation to be made by the Parliamentary Commissionr.
(5) No proceedings, civil or criminal, may lie against the parliamentary Commissioenr, or against any person holding an office of appointment under him, for anything he may do or report or say inthe course of the exercise or intended exercise of hte functions of the Commissioner under this Constitution, unless it is shown that he acted inbad faith.
(6) The parliamentary Commissioner, and any person holding office or appointment under his, may not be called to give evidence inany court of law, or in any proceedings of a judicial nature, in respect of anything coming to his knowledge inthe exercise of his functions.
(7) Anything said or any information supplied or any document, paper, or thing produce by any person inteh course of any enquiry by or proceedings before the Parliamentary Commissioner under this Constitutionshall be privileged inthe same manner as if the enquiry or proceedings were proceedings in a court of law.
(8) No proceedings of the Parliamentary Commissioner amy be held bad for want of form, and , except on the ground of lack of jurisdiction, no proceedings
or decision of the Commissioner shall be liable to be challenged, reviewed, quashed or called inquestion in any court of law.
CHAPTER X
MISCELLANEOUS
Declaration of republic.
116.- Dominica shall be a sovering democratic republic.
Supreme law.
117.- This Constituionis the supreme law of DOminica and, subject to the provisions of htis Cosntitution, if any other law is inconsisten with this Constituion, theis Constituion shall prevail and hte other law shall to the extent of he inconsistency, be void.
Functions of President.
118.- (1) Any reference inthis Constitution to the function of the Presdent shall be construed a s a reference to his powers and duties in the exercise of teh executive authority of DOminica and to any other ppowers and duties conferred or imposed on him as President by or under this Constituionor any other law.
(2) Where by this Constitution the President is required to perform any fucntion after consultation with any person or authority he shall not be obbiged to exercise that functions inaccordance with the advice of that person or authority.
(3) Where by this Cosntitutionthe presidetn is required to perform any fuctions in accordance with the advice of or after consultaionwith, any person or authority, the question whether the President has so exercised that function shal not be enquired into in any court of law.
Resignations.
119.- (1) The president may resign his office, and a representative or senator may resign his seat, by writing under his hand addresses to the Speaker and the resignation shall take effect, and the office or seat shall accordingly become vacant, when the writing is received by-
a) the Speaker;
b) if the office of Speaker is vacant of the Speaker if ror any eason unable to perform the functions of his office ans no other person is performing them , the Deputy Speaker; or
c) if he office of Deputy Speaker is vacant or the Deputy Speaker is for any reason unable to perform the fucntions of his office and no other persn is performing them, the Clerk of the House.
(2) The Speaker or the Deputy Speaker may resign his office by writing under his hand addressed to the hOuse and the resignation shall take effect, and hte office shall accordingly become vacant, when the writing is received by the Clerk of the House.
(3) Any peson who has been appointed to an office established by this Constituion (other than an office to which subsection (1) or (2) of this section applies) or any office of Ministe or temporary Minister established ina ccordance with section 59(3) or 62(2) of this Cosntitution may resign that office by writing under his hand addressed to the person or authority by whom he was appointed and the resignation shall take effect, and the office shalla ccordingly become vacant-
a) at such time or on such date (if any) as may be specified inthe writing; or
b) when the writing is received by the perosn or authority to whom it is addressed or by such other person as may be authorised to received it,
whichever is the later;
Provided that the resignationmaybe withdrawn before it takes effect if the preson or authority to whom the resignation is addressed consents to its withdrawal.
Reappointment and concurrent appointments.
120.- (1) Subject to the provisions of section 21(1) of this Constituion, where any person has avacated any office established by this Constitution or any office of Ministe or temporary Minister establishd under this Constitution, he may, if qualified, again be appointed or elected to hold that office in accordance with the provisions of this Constitution.
(2) Where this Constitution vest in any person or authority tye power to make any appointment to any office, a perosn may be appointed to that office, notwithstanding that some other person amy be holding that office, when tha tofhter persnis on leace of absence pending the relinquishment of the office; and where two or more persons are holding the same office by reason of any appoinemtn made in pursuance of this subsection,then, for the purposes of any function conferred upon the holder of that office, the person last appointed shall be deemed to be the sole holder of the office.
Interpretation.
121.- (1) In this Constitution, unless the context otherwise requires-
"Commonwealth citizen" has such meaning as Parliament may be law prescribe;
"Dominica" menas the COmmonwealth of DOminica;
"dollars" means dollars in the concurrency of DOminica;
"financial year" means any period of twelve months beginning on 1st July in any year or such other date as may be prescribed by law;
"the Government" means the Governemtn of DOminica;
"the House" means the House of Assembly;
"the Judicial COmmisttee" means the Judicial COmmittee of the Privy Council;
"law" includes any intrument having the force of law and any unwritten rule of law and "lawful" and lawfully shal be caonstrued accordingly;
"MInister" means a Minister of the Governmetn and includes a temporary Minister;
"Parliament" means the Parliament of DOminica;
"oath" includes affirmation;
"oath of allegiance" menas such oath of allegiance as may be prescribed by alw;
"oath of office " menas, in realtion ot any office, such oath for the due execution of that office as may be prescribed by alw;
"oath of secrecy" means such oath of secrecy a smay be prescribed by alw;
"the Polcie FOrce" menas the Dominica Police Force and includes any other police force established to succed to the functions of the Dominica Police Force;
"public office" means any office of emoliment int he public service;
"public officer" means a person holding or acting ina ny public office;
"the public service" means subject to the provisions of this seciton the service in a civil capacity of the Government;
"session" mean the period beginning when the House firs meets after Parliament has at any time been prorogue or dissolved and ending when Parliament is prorogued or when Parliament is dissolved without having been prorogued;
"sitting" means the period during which the House is sitting continuosly without adjournment and includes any period during which it is in committee;
"Speaker" and "Deputy Speaker" means the respective persons holding office as Speaker and Deputy Speaker of the House.
(2) In this COnstitutionreferences to an office inteh public service shal not be construed as including-
a) references to the office of the Speaker or Deputy Speaker of the House of Assembly, the Prime Ministe or any tehrt Ministe, a temporary Minister; a Parliamentary Secretary or a member of the House, the Parliamentary Commissioenr of he Deputy Parliamentary Commissioner;
b) references to eh aoffice of a mebmer of any Comission established by this Cosntitutionor a membae of the Advisory COmmittee onteh Prerogative of Mercy or a member of the Public Service Board of Appeal;
c) references to the office of judge or officer of the Supreme Court;
d) save inso far as may be provided by parliament, references to the office of amember of ay other council, board, paner, committee or other similar body (whether incorporated or not) established by or under any alw.
(3) Inthis Cosntitution-
a) references to the Supreme COurt Order include references ot any law in force in Dominica altering that Order;
b) references to the Supreme Court, the COurt of Appeal, the High Court and hte Judicial and Legal Service Commission are references to the Supreme Court, teh Court of Appeal, the High Court and the Judicial and Legal Services Commission established by the Supreme Court Order;
c) references to the Chief Justice have the same meaning as in the Supreme Court Order;
d) refrences to a judge of the Supreme Court are references to a judge of the High Court or the Court of Appeal and, unless the context, otherwise requires, include references to a judge of the former Supreme Court of the Windward Islands and Leeward Islands; and
e) reference sot aofficres of the Supreme COurt are references ot he Chief Registrar ad other offcers of the Supreme Court appointed under he Supreme COurt Order.
(4) In this Cosntituion "the specified qualifications" means the professional qualifications spacified by or under any law in force in Dominica, one of which must be held by any person before he may apply under that law to be admitted to practice as a barriste or a solicitor in DOminica.
(5) For the purposes of this COnstitution, a person shall not be regarded as holding an office by reason aonly of hte fact tha he is in receipt of a pension or other like allownace.
(6) Inthis COnstituion, unless the contexzt otherwise requires,a reference t he hoder of an office by the term designating his office hsll be construed as including, to the extent of his auhtority, a reference to any person for the time bing authorised to exercise the functions of that office.
(7) Except inthe case wherte this Constitution provides for the holder of any office therunderto be such peron holding or actingin any othe office as may fo rht etime being be designated in that behalf by some other specified person or authority, no person may, without his consent, be nominated for election to any sch office or be appointe to aor to act therein or otherwise be selected therefor.
(8) References in this COnstitution to the power to remove a publci officer from is office shal be construed as including reference st any power conferred by any law to require or permit that officer ot retire from teh public service:
Provided that-
a) nothing inthis subsectionshall be construed as conferring on any person or authority the power to requered the Director of pùblic Prosecutions, he Director of Audit of the Chief Elections Officer to retire from the public service; and
b) any poers conferred hy any law to permit a perosn to retire fromthe public servise shall , int he case of nay public office who may be removed fromoffice by some person or authority other than a Commissin established by this Constitution ,best in the Public Service COmmission.
(9) Any provision inthis COnstituiontha vests in any personor authority the power to remove any public officr from his office hsal be without prejudice to the power of anyperson or authority to abolish any office or tho anylaw providing for th eocmpulsory retirement of public officers generally or any class of public office on attainig an age spedified by or under that law.
(10) Where this Cosntitutionvests inany personor authority the power to appoint any person to act inor to exercise the functions of any office if the holder thereof is himself unalbe to exercise those futniosn, no such appointment shal be called inquestion onthe grounds htat he holder of the office was not unable to exercise those functions.
(11) No provisions of this COsntitutiontha nay perosn or authority shalnot be subject to the direction or control of any other perosn or authority inteh exercise of any functions under this Cosntitutionshall be construed as precluding a court of alw from exercising jurisdiction inrelation to any question whether that person or authority has exericsed those functions in accordance with this Cosntitutinor any other law.
(12) Withoutprejudict to the provisions of section 32(2) of htei Interpretation Act 1889(a) (as applied by subsection (14) of this section), where any power is conferred by this Cosntitution to make any order , regulation or rule or give any direction or make any designation, the power shall be cosntrued as including the power, exercisable in like manner and subject to the like conditions, if any, to amend or revoke any such order, regulation, rule direction, or designation.
(13) Inthis Cosntitution references ot altering this Constituionor any oher law, or any provision thereof, include references-
a) to revoking it, with or without re-enactment thereof or the making of diffenrent provisions inlieu thereof;
b) to modifying it whether by omitting or amending any of its provisions or inserting additional provisions in it or otherwise; and
c) to suspending its operation for any period or terminating any sich suspension.
(14) The Interpretation Act 1889 shall aply, with the necessary adaptations, for the purpose of interpreting this Cosntituion and otherwise in relation thereto as it applies for the purpose of interpreting and in relation to Acts of the Parliament of the United Kingdom.
SCHEDULE 1 TO THE CONSTITUTION
ALTERATION OF CONSTITUTION AND SUPREME COURT ORDER
Part 1
Provisions of Constitution Referred to in section 42(2)
i) Chapter I;
ii) sections 18, 28 and 58;
iii) sections 29, 30, 33, 38, 40, 41, 49, 52, 53, 54, 55, 56 and 57;
iv) Chapter V;
v) section 72, 84, 85, 86, 87, 88, 89, 90, 91, 92, 95 and 96;
vi) Chapter VIII;
vii) Chapter IX;
viii)section 121 in its applicationto any of the provisions mentioned in this Schedule; or
ix) Schedule 2.
Part II
Provisions of the Supreme Court Order Referred to in
section 42 (2)
Sections 4, 5, 6, 8, 11, 18 and 19.
SCHEDULE 2 TO THE CONSTITUTION
RULES CONCERNING CONSTITUENCIES
All constituencies shall containas nearly equal nimbers of inhabitants as appears to the Cosntituency Boundaries Commission to be reasonably practicable but the Commissionmay depart fromthis principle to such extent as it condisers expedient to take account of the folliwing factors, that is to say:-
a) the density of pupolation, and in particular the need to ensure the adequate representation of sparsely populated rural areas;
b) the means of communication;
c) geographical features, and
d) the boundaries f administrative areas.
SCHEDULE 3 TO THE CONSTITUTION
MATTERS NOT SUBJECT TO INVESTIGATION BY
PARLIAMENTARY COMMISSIONER
1.- Action taken inmatters certified by the Attorney General to affect relations or dealings between the Governmetn and the governmetna of any country or territory other than DOminica or any international organisation.
