Constitution Order of Antigua and Barbuda 1981


Affirmative Action (Broadly)

1. Subject to the provisions of subsections (4), (5) and (7) of this section, no law shall make any provision that is discriminatory either of itself or in its effect.

3. In this section, the expression “discriminatory” means affording different treatment to different persons attributable wholly or mainly to their respective descriptions by race, place of origin, political opinions or affiliations, colour, creed, or sex whereby persons of one such description are subjected to disabilities or restrictions to which persons of another such description are not made subject or are accorded privileges or advantages that are not accorded to persons of another such description.
4. Subsection (1) of this section shall not apply to any law so far as the law makes provision-

c. whereby persons of any such description as is mentioned in subsection (3) of this section may be subjected to any disability or restriction or may be accorded any privilege or advantage that, having regard to its nature and to special circumstances pertaining to those persons or to persons of any other such description, is reasonably justifiable in a democratic society.
… (Sec. 14)

Citizenship and Nationality

The following persons shall become citizens on 1st November 1981-
a. every person who, having been born in Antigua, was on 31st October 1981, a citizen of the United Kingdom and Colonies;
b. every person born outside Antigua if either of his parents or any one of his grandparents was born therein or was registered or naturalized while resident in Antigua;
c. every person who on 31st October 1981 was a citizen of the United Kingdom and Colonies
i. having become such a citizen under the British Nationality Act 1948 by virtue of his having been naturalized while resident in Antigua as a British subject before the Act came into force; or
ii. having while resident in Antigua become such a citizen by virtue of his having been naturalized or registered under that Act;
d. every person who, having been born outside Antigua was on 31st October 1981 a citizen of the United Kingdom and Colonies and if his father or mother becomes, or would but for his or her death or the renunciation of his or her citizenship of the United Kingdom and Colonies have become, a citizen by virtue of paragraph (a), (b) or (c) of this section;
e. every woman who, having been married to a person who becomes, or but for his death or the renunciation of his citizenship of the United Kingdom and Colonies, would have become a citizen by virtue of paragraph (a), (b), (c) or (d) of this section, was a citizen of the United Kingdom and Colonies on 31st October 1981;
f. every person who on 31st October 1981 was under the age of eighteen years and is the child, stepchild, or child adopted in a manner recognized by law, of such a person as is mentioned in any of the preceding paragraphs of this section. (Sec. 112)

Citizenship and Nationality

The following persons shall become citizens at the date of their birth on or after 1st November 1981-
 a. every person born in Antigua and Barbuda: Provided that a person shall not become a citizen by virtue of this paragraph if at the time of his birth
i. neither of his parents is a citizen and either of them possess such immunity from suit and legal process as is accorded to the envoy of a foreign sovereign power accredited to Antigua and Barbuda; or
ii. either of his parents is a citizen of a country with which Her Majesty is at war and the birth occurs in a place then under occupation by that country;
b. every person born outside Antigua and Barbuda if at the date of his birth either of his parents is or would have been but for that parent's death, a citizen by virtue of section 112 of this Constitution or paragraph (a) of this section;
c. every person born outside Antigua and Barbuda if at the date of his birth either of his parents is, or would have been but for that parent's death, a citizen employed in service under the Government or under an authority of the Government that requires him or her to reside outside Antigua and Barbuda for the proper discharge of his or her functions. (Sec. 113)

Citizenship and Nationality

1. Subject to the provisions of paragraph (e) of section 112 and of section 117 of this Constitution, the following persons shall be entitled, upon making application, to be registered on or after 1st November 1981-
a. any person who, on 31st October 1981-
i. was married to a person who becomes a citizen by virtue of section 112 of this Constitution; or
ii. was married to a person who, having died before 1st November 1981, would have but for his or her death, become a citizen by virtue of that section: Provided that such person is not, or was not at the time of the death of the spouse, living apart from the spouse under a decree of a competent court or a deed of separation;
b. any person who-
i. was married to a person who is or becomes a citizen; or
ii. was married to a person who was or, but for his or her death, would have become a citizen:
Provided that no application shall be allowed from such person before the marriage has subsisted for upwards of three years and that such person is not, or was not at the time of the death of the spouse, living apart from the spouse under a decree of a competent court or a deed of separation;
c. i. every person being a Commonwealth citizen who on 31st October 1981 was domiciled in Antigua and had been ordinarily resident therein for a period of not less than seven years preceding that day;
ii. any person who being a Commonwealth citizen is domiciled in Antigua and Barbuda and has for a period of not less than seven years immediately preceding his application been lawfully ordinarily resident in Antigua and Barbuda (whether or not that period commenced before 1st November 1981);
d. any person who, but for having renounced his citizenship of the United Kingdom and Colonies in order to qualify for the acquisition or retention of the citizenship of another country, would have become a citizen on 1st November 1981;
e. any person who, having been a citizen, had to renounce his citizenship in order to qualify for the acquisition or retention of the citizenship of another country;
f. any person under the age of eighteen years who is the child, stepchild or child adopted in a manner recognised by law of a citizen or is the child, stepchild or child so adopted of a person who is or would but for his death have been entitled to be registered as a citizen under this subsection.
2. An application under this section shall be made in such manner as may be prescribed as respects that application by or under a law enacted by Parliament and, in the case of a person to whom subsection (1) (f) of this section applies, it shall be made on his behalf by his parent or guardian:
provided that if the person to whom subsection (1) (f) of this section applies is or has been married, the application may be made by that person. (Sec. 114)

Citizenship and Nationality

1. A person, who on 1st November 1981, is a citizen or entitled to be registered as such and is also a citizen of some other country or entitled to be registered as such shall not solely on the ground that he is or becomes a citizen of that country, be
a. deprived of his citizenship;
b. refused registration as a citizen; or
c. required to renounce his citizenship of that other country, by or under any law.
2. A person referred to in subsection (1) of this section shall not
a. be refused a passport of Antigua and Barbuda or have such a passport withdrawn, cancelled, or impounded solely on the ground that he is in possession of a passport issued by some other country of which he is a citizen; or
b. be required to surrender or be prohibited from acquiring a passport issued by some other country of which he is a citizen before being issued with a passport of Antigua and Barbuda or as a condition of retaining such a passport. (Sec. 115)

Citizenship and Nationality

1. Without prejudice to and subject to the provisions of sections 11, 112, 113, 114 and 115 of this Constitution, Parliament may, pursuant to the provisions of this section, make provision for the acquisition of citizenship by registration.
… (Sec. 116)

Citizenship and Nationality

1. Any reference in this Chapter to the national status of the father of a person at the time of that person's birth shall, in relation to 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 death occurred before 1st November 1981 the national status that the father would have had if he had died on that day shall be deemed to be his national status at the time of his death: Provided that in the case of a child born out of wedlock references to the mother shall be substituted for such references to the father.
2. In this Chapter- "child" includes a child born out of wedlock and not legitimated;
"father", in relation to a child born out of wedlock and not legitimated, includes a person who acknowledges and can show that he is the father of the child or has been found by a court of competent jurisdiction to be the father of the child;
"parent" includes the mother of a child born out of wedlock.
… (Sec. 118)

Jurisdiction and Access

1. Subject to the provisions of sections 25(2), 47(8)(b), 56(4), 65(5), 123(7)(b) and 124 of this Constitution, any person who alleges that any provision of this Constitution (other than a provision of Chapter II2) has been or is being contravened may, if he has a relevant interest, apply to the High Court for a declaration and for relief under this section.
2. The High Court shall have jurisdiction on an application made under this section to determine whether any provision of this Constitution (other than a provision of Chapter II) 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 Constitution has been or is being contravened and the person on whose application the declaration is made has also applied for relief, the High Court may grant to that person such remedy as it considers appropriate, being a remedy available generally under any law in proceedings in the High Court.
4. The Chief Justice may make provision, or authorise the making of provision, with respect to the practice and procedure of the High Court in relation to the jurisdiction and powers conferred on the court by or under this section, including provision with respect to the time within which any application under this section may be made.
5. A person shall be regarded as having a relevant interest for the purpose of an application under this section only if the contravention of this Constitution alleged by him is such as to affect his interests.
6. The rights conferred on a person by this section to apply for a declaration and relief in respect of an alleged contravention of this 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 law or any rule of law.
7. Nothing in this section shall confer jurisdiction on the High Court to hear or determine any such question as is referred to in section 44 of this Constitution. (Sec. 119)

Jurisdiction and Access

1. Where any question as to the interpretation of this Constitution arises in any court of law established for Antigua and Barbuda (other than the Court of Appeal, the High Court or a court-martial) and the court is of the opinion that the question involves a substantial question of law, the court may, and shall if any party to the proceedings so requests, refer the question to the High Court.
… (Sec. 120)

Jurisdiction and Access

Subject to the provisions of section 44 of this Constitution, an appeal shall lie from decisions of the High Court to the Court of Appeal as of right in the following cases-
a. final decisions in any civil or criminal proceedings on questions as to the interpretation of this Constitution;
b. final decisions given in exercise of the jurisdiction conferred on the High Court by section 18 of this Constitution (which relates to the enforcement of the fundamental rights and freedom); and
c. such other cases as may be prescribed by Parliament. (Sec. 121)

Jurisdiction and Access

1. An appeal shall lie from decisions of the Court of Appeal to Her Majesty in Council as of right in the following cases-

c. final decisions in any civil or criminal proceedings which involve a question as to the interpretation of this Constitution;
… (Sec. 122)

Employment Rights and Protection

WHEREAS the People of Antigua and Barbuda-

b. respect the principles of social justice and, therefore, believe that the operation of their economic system should result in the material resources of their community being so distributed as to serve the common good, that there should be adequate means of livelihood for all, that labour should not be exploited or forced by economic necessity to operate in inhumane conditions but that there should be opportunity for advancement on the basis of recognition of merit, ability and integrity;
… (Preamble)

Equality and Non-Discrimination

Whereas every person in Antigua and Barbuda is entitled to the fundamental rights and freedoms of the individual, that is to say, the right, regardless of race, place of origin, political opinions or affiliations, colour, creed or sex, but subject to respect for the rights and freedoms of others and for the public interest, to each and all of the following, namely -
a. life, liberty, security of the person, the enjoyment of property and the protection of the law;
… (Sec. 3)

Equality and Non-Discrimination

1. Subject to the provisions of subsections (4), (5) and (7) of this section, no law shall make any provision that is discriminatory either of itself or in its effect.
2. Subject to the provisions of subsections (6), (7) and (8) of this section, no person shall be treated in a discriminatory manner by any person acting by virtue of any law or in the performance of the functions of any public office or any public authority.
3. In this section, the expression “discriminatory” means affording different treatment to different persons attributable wholly or mainly to their respective descriptions by race, place of origin, political opinions or affiliations, colour, creed, or sex whereby persons of one such description are subjected to disabilities or restrictions to which persons of another such description are not made subject or are accorded privileges or advantages that are not accorded to persons of another such description.
4. Subsection (1) of this section shall not apply to any law so far as the law makes provision-

c. whereby persons of any such description as is mentioned in subsection (3) of this section may be subjected to any disability or restriction or may be accorded any privilege or advantage that, having regard to its nature and to special circumstances pertaining to those persons or to persons of any other such description, is reasonably justifiable in a democratic society.
5. Nothing contained in any law shall be held to be inconsistent with or in contravention of subsection (1) of this section to the extent that it makes provision with respect to qualifications (not being qualifications specifically relating to race, place of origin, political opinions or affiliations, colour, creed or sex) for service as a public officer or as a member of a disciplined force or for the service of a local government authority or a body corporate established by any law for public purposes.
6. Subsection (2) of this section shall not apply to anything that is expressly or by necessary implication authorised to be done by any such provision of law as is referred to in subsection (4) or (5) of this section.
7. Nothing contained in or done under the authority of any law shall be held to be inconsistent with or in contravention of this section to the extent that that law in question makes provision whereby persons of any such description as in mentioned in subsection (3) of this section may be subjected to any restriction on the rights and freedoms guaranteed by sections 8, 10, 11, 12 and 13 of this Constitution, being such a restriction as is authorised by paragraph (a) or (b) of subsection (3) of section 8, subsection (2) of section 10, subsection (4) of section 11, subsection (4) of section 12 or subsection (2) of section 13, as the case may be.
8. Nothing in subsection (2) of this section shall affect any discretion relating to the institution, conduct or discontinuance of civil or criminal proceedings in any court that is vested in any person by or under this Constitution or any other law. (Sec. 14)

Obligations of the State

WHEREAS the People of Antigua and Barbuda-
a. proclaim that they are a sovereign nation founded upon principles that acknowledge the supremacy of God, the dignity and worth of the human person, the entitlement of all persons to the fundamental rights and freedoms of the individual, the position of the family in a society of free men and women and free institutions;

e. desire to establish a framework of supreme law within which to guarantee their inalienable human rights and freedoms, among them, the rights to liberty, property, security and legal redress of grievances, as well as freedom of speech, of the press and of assembly, subject only to the public interest:
… (Preamble)

Obligations of the State

Whereas every person in Antigua and Barbuda is entitled to the fundamental rights and freedoms of the individual, that is to say, the right, regardless of race, place of origin, political opinions or affiliations, colour, creed or sex, but subject to respect for the rights and freedoms of others and for the public interest, to each and all of the following, namely -
a. life, liberty, security of the person, the enjoyment of property and the protection of the law;
b. freedom of conscience, of expression (including freedom of the press) and of peaceful assembly and association; and
c. protection for his family life, his personal privacy, the privacy of his home and other property and from deprivation of property without fair compensation,
the provisions of this Chapter shall have effect for the purpose of affording protection to the aforesaid rights and freedoms, subject to such limitations of that protection as are contained in those provisions, being limitations designed to ensure that the enjoyment of the said rights and freedoms by any individual does not prejudice the rights and freedoms of others or the public interest. (Sec. 3)

Obligations of the State

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

Obligations of Private Parties

Whereas every person in Antigua and Barbuda is entitled to the fundamental rights and freedoms of the individual, that is to say, the right, regardless of race, place of origin, political opinions or affiliations, colour, creed or sex, but subject to respect for the rights and freedoms of others and for the public interest, to each and all of the following, namely -
a. life, liberty, security of the person, the enjoyment of property and the protection of the law;
b. freedom of conscience, of expression (including freedom of the press) and of peaceful assembly and association; and
c. protection for his family life, his personal privacy, the privacy of his home and other property and from deprivation of property without fair compensation,
the provisions of this Chapter shall have effect for the purpose of affording protection to the aforesaid rights and freedoms, subject to such limitations of that protection as are contained in those provisions, being limitations designed to ensure that the enjoyment of the said rights and freedoms by any individual does not prejudice the rights and freedoms of others or the public interest. (Sec. 3)

Judicial Protection

1. If any person alleges that any of the provisions of sections 3 to 17 (inclusive) of this Constitution has been, is being or is likely to be contravened in relation to him (or, in the case of a person who is detained, if any other person alleges such a contravention in relation to the detained person), then, without prejudice to any other action with respect to the same matter that is lawfully available, that person (or that other person) may apply to the High Court for redress.
2. The High Court shall have original jurisdiction-
a. to hear and determine any application made by any person in pursuance of subsection (1) of this section; and
b. to determine any question arising in the case of any person that is referred to it in pursuance of subsection (3) of this section,
- and may make such declaration and orders, issue such writs and give such directions as it may consider appropriate for the purpose of enforcing or securing the enforcement of any of the provisions of sections 3 to 17 (inclusive) of this Constitution:
Provided that the High Court may decline to exercise its powers under this subsection if it is satisfied that adequate means of redress for the contravention alleges are or have been available to the person concerned under any other law.
3. If in any proceedings in any court (other than the Court of Appeal, the High Court or a court-martial) any question arises as to the contravention of any of the provisions of sections 3 to 17 (inclusive) of this Constitution, the person presiding in that court may, and shall if any party to the proceedings so requests, refer the question to the High Court unless, in his opinion, the raising of the question is merely frivolous or vexatious.
4. Where any question is referred to the High Court in pursuance of subsection (3) of this section, the High Court shall give its decision upon the question and the court in which the question arose shall dispose of the case in accordance with that decision or, if that decision is the subject of an appeal to the Court of Appeal or to Her Majesty in Council, in accordance with the decision of the Court of Appeal or, as the case may be, of Her Majesty in Council.
5. There shall be such provision as may be made by Parliament for conferring upon the High Court such powers in addition to those conferred by this section as may appear to be necessary or desirable for the purpose of enabling that court more effectively to exercise the jurisdiction conferred upon it by this section. 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 the time within which applications may be brought and references shall be made to the High Court). (Sec. 18)

Judicial Protection

Subject to the provisions of section 44 of this Constitution, an appeal shall lie from decisions of the High Court to the Court of Appeal as of right in the following cases-

b. final decisions given in exercise of the jurisdiction conferred on the High Court by section 18 of this Constitution (which relates to the enforcement of the fundamental rights and freedom);
… (Sec. 121)

National Human Rights Bodies

1. There shall be an officer of Parliament who shall be known as the Ombudsman who shall not hold any other office of emolument either in the public service or otherwise nor engage in any occupation for reward other than the duties of his office.

4. Parliament may make provision for the functions, powers and duties of the Ombudsman.
… (Sec. 66)

Limitations and/or Derogations

Whereas every person in Antigua and Barbuda is entitled to the fundamental rights and freedoms of the individual, that is to say, the right, regardless of race, place of origin, political opinions or affiliations, colour, creed or sex, but subject to respect for the rights and freedoms of others and for the public interest, to each and all of the following, namely -
a. life, liberty, security of the person, the enjoyment of property and the protection of the law;
b. freedom of conscience, of expression (including freedom of the press) and of peaceful assembly and association; and
c. protection for his family life, his personal privacy, the privacy of his home and other property and from deprivation of property without fair compensation,
the provisions of this Chapter shall have effect for the purpose of affording protection to the aforesaid rights and freedoms, subject to such limitations of that protection as are contained in those provisions, being limitations designed to ensure that the enjoyment of the said rights and freedoms by any individual does not prejudice the rights and freedoms of others or the public interest. (Sec. 3)

Limitations and/or Derogations

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

Limitations and/or Derogations

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

Marriage and Family Life

Whereas every person in Antigua and Barbuda is entitled to the fundamental rights and freedoms of the individual, that is to say, the right, regardless of race, place of origin, political opinions or affiliations, colour, creed or sex, but subject to respect for the rights and freedoms of others and for the public interest, to each and all of the following, namely-

c. protection for his family life,
… (Sec. 3)

Marriage and Family Life

1. An appeal shall lie from decisions of the Court of Appeal to Her Majesty in Council as of right in the following cases-

b. final decisions in proceedings for dissolution or nullity of marriage;
… (Sec. 122)

Participation in Public Life and Institutions

1. Subject to the provisions of subsections (4), (5) and (7) of this section, no law shall make any provision that is discriminatory either of itself or in its effect.

3. In this section, the expression “discriminatory” means affording different treatment to different persons attributable wholly or mainly to their respective descriptions by race, place of origin, political opinions or affiliations, colour, creed, or sex whereby persons of one such description are subjected to disabilities or restrictions to which persons of another such description are not made subject or are accorded privileges or advantages that are not accorded to persons of another such description.

5. Nothing contained in any law shall be held to be inconsistent with or in contravention of subsection (1) of this section to the extent that it makes provision with respect to qualifications (not being qualifications specifically relating to race, place of origin, political opinions or affiliations, colour, creed or sex) for service as a public officer or as a member of a disciplined force or for the service of a local government authority or a body corporate established by any law for public purposes.
… (Sec. 14)

Political Rights and Association

Whereas every person in Antigua and Barbuda is entitled to the fundamental rights and freedoms of the individual, that is to say, the right, regardless of race, place of origin, political opinions or affiliations, colour, creed or sex, but subject to respect for the rights and freedoms of others and for the public interest, to each and all of the following, namely-

b. freedom of conscience, of expression (including freedom of the press) and of peaceful assembly and association;
… (Sec. 3)

Political Rights and Association

1. Except with his own consent, no person shall be hindered in the enjoyment of his freedom of peaceful assembly and association, that is to say, his right peacefully to assemble freely and associate with other persons and in particular to form or belong to trade unions or other associations for the promotion and protection of his interests.
… (Sec. 13)

Political Rights and Association

2. Every Commonwealth citizen of the age of eighteen years or upwards who possesses such qualifications relating to residence or domicile in Antigua and Barbuda as Parliament may prescribe shall, unless he is disqualified by any law from registration as a voter for the purpose of electing a member of the House, be entitled to be registered as such a voter in accordance with the provisions of any law in that behalf and no other person may be registered.
3. Every person who is registered as a voter in pursuance of subsection (2) of this section in any constituency shall, unless he is disqualified by any law from voting in that constituency in any election of members of the House, be entitled so to vote in accordance with the provisions of any law in that behalf.
4. In any election of members of the House the votes shall be exercised freely and shall be given by secret ballot in such manner as Parliament may prescribe. (Sec. 40)

Electoral Bodies

1. The Governor-General shall by notice published in the Gazette appoint a Supervisor of Elections on resolutions to that effect of both Houses of Parliament specifying the person nominated for appointment.
2. The Supervisor of Elections shall have and exercise such functions, powers and duties as may be provided by law.
… (Sec. 67)

Head of State

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

Government

1. There shall be a Prime Minister of Antigua and Barbuda who shall be appointed by the Governor-General.
2. Whenever there is occasion for the appointment of a Prime Minister, the Governor General shall appoint as Prime Minister
a. a member of the House who is the leader in the House of the political party that commands the support of the majority of members of the House; or
b. where it appears to him that such party does not have an undisputed leader in the House or that no party commands the support of such a majority, the member of the House who in his judgement is most likely to command the support of the majority of members of the House,
- and is willing to accept the office of Prime Minister.
3. Subject to the provision of section 82 of this Constitution and subsection (4) of this section there shall be, in addition to the office of Prime Minister, such other offices of Minister (including Minister of State) of the Government as may be established by Parliament or, subject to the provisions of any law enacted by Parliament, by the Governor-General, acting in accordance with the advice of the Prime Minister.
4. The Ministers other than the Prime Minister shall be such persons as the Governor-General, acting in accordance with the advice of the Prime Minister, shall appoint from among the members of the House and of the Senate.
… (Sec. 69)

Government

1. There shall be a Cabinet for Antigua and Barbuda which shall have the general direction and control of the Government and shall be collectively responsible therefor to Parliament.
2. The Cabinets shall consist of the Prime Minister and such number of other Ministers (of whom one shall be the Attorney-General), appointed in accordance with the provisions of section 69 of this Constitution as the Prime Minister may consider appropriate. (Sec. 70)

Legislature

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

Legislature

1. The Senate shall consist of seventeen persons who, being qualified for appointment as Senators in accordance with the provisions of this Constitution, have been so appointed in accordance with the provisions of this section and such temporary members (if any) as may be appointed in accordance with the provisions of section 32 of this Constitution.
2. Ten Senators shall be appointed by the Governor-General acting in accordance with the advice of the Prime Minister.
3. Four Senators shall be appointed by the Governor-General acting in accordance with the advice of the Leader of the Opposition.
4. Subject to subsection (7) of this section, one Senator shall be appointed by the Governor-General in his discretion from outstanding persons or persons representing such interests as the Governor-General considers ought to be represented in the Senate.
5. One Senator shall be appointed by the Governor-General acting in accordance with the advice of the Barbuda Council.
6. One Senator, being an inhabitant of Barbuda, shall be appointed by the GovernorGeneral in accordance with the advice of the Prime Minister.
7. Before appointing any person representing interests under subsection (4) of this section the Governor-General shall consult such persons as in his discretion he considers can speak for the interests concerned and ought to be consulted. (Sec. 28)

Legislature

Subject to the provisions of section 30 of this Constitution any person who at the date of his appointment•
a. is a citizen of the age of twenty-one years or upwards;
b. has resided in Antigua and Barbuda for a period of twelve months immediately preceding the date of his appointment; and
c. is able to speak and, unless incapacitated by blindness or other physical cause, to read the English language with sufficient proficiency to enable him to take an active part in the proceedings of the Senate, shall be qualified to be appointed as a Senator. (Sec. 29)

Legislature

Subject to the provisions of section 39 of this Constitution, any person who at the date of his election•
a. is a citizen of the age of twenty-one years or upwards;
b. has resided in Antigua and Barbuda for a period of twelve months immediately preceding the date of his election; and
c. is able to speak and, unless incapacitated by blindness or other physical cause, to read the English language with sufficient proficiency to enable him to take an active part in the proceedings of the House, shall be qualified to be elected as a member of the House. (Sec. 38)

Legislature

1. Each of the constituencies established in accordance with the provisions of section 62 of this Constitution shall return one member to the House who shall be directly elected in such manner as may, subject to the provisions of this Constitution, be prescribed by or under any law.
… (Sec. 40)

Property, Inheritance and Land Tenure

WHEREAS the People of Antigua and Barbuda-

e. desire to establish a framework of supreme law within which to guarantee their inalienable human rights and freedoms, among them, the rights to liberty, property, security and legal redress of grievances, as well as freedom of speech, of the press and of assembly, subject only to the public interest: … (Preamble)

Property, Inheritance and Land Tenure

Whereas every person in Antigua and Barbuda is entitled to the fundamental rights and freedoms of the individual, that is to say, the right, regardless of race, place of origin, political opinions or affiliations, colour, creed or sex, but subject to respect for the rights and freedoms of others and for the public interest, to each and all of the following, namely-
a. life, liberty, security of the person, the enjoyment of property and the protection of the law;

c. protection for his family life, his personal privacy, the privacy of his home and other property and from deprivation of property without fair compensation,
… (Sec. 3)

Protection from Violence

WHEREAS the People of Antigua and Barbuda-

b. respect the principles of social justice and, therefore, believe that the operation of their economic system should result in the material resources of their community being so distributed as to serve the common good, that there should be adequate means of livelihood for all, that labour should not be exploited or forced by economic necessity to operate in inhumane conditions but that there should be opportunity for advancement on the basis of recognition of merit, ability and integrity;

e. desire to establish a framework of supreme law within which to guarantee their inalienable human rights and freedoms, among them, the rights to liberty, property, security and legal redress of grievances, as well as freedom of speech, of the press and of assembly, subject only to the public interest: … (Preamble)

Protection from Violence

Whereas every person in Antigua and Barbuda is entitled to the fundamental rights and freedoms of the individual, that is to say, the right, regardless of race, place of origin, political opinions or affiliations, colour, creed or sex, but subject to respect for the rights and freedoms of others and for the public interest, to each and all of the following, namely -
a. life, liberty, security of the person, … (Sec. 3)

Protection from Violence

1. No person shall be held in slavery or servitude.
2. No person shall be required to perform forced labour.
… (Sec. 6)

Protection from Violence

1. No person shall be subjected to torture or to inhuman or degrading punishment or other such treatment.
… (Sec. 7)

Public Institutions and Services

1. The law to be applied with respect to any pensions benefits that were granted to any person before 1st November 1981 shall be the law that was in force at the date on which those benefits were granted or any law in force at a later date that is not less favourable to that person.

5. In this section "pensions benefits" means any pensions, compensations, gratuities or other like allowances for persons in respect of their service as judges 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.
… (Sec. 109)

Public Institutions and Services

1. Where under any law any person 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 that have been granted, those benefits shall be granted and may not be withheld, reduced in amount or suspended unless the 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.

5. In this section "pensions benefits" means any pensions, compensations, gratuities or other like allowances for persons in respect of their service as judges 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.
… (Sec. 110)

Status of the Constitution

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

Status of International Law

1. The Attorney-General may, in the case of any offence to which this section applies, give general or special directions to the Director of Public Prosecutions as to the exercise of the powers conferred upon the Director of Public Prosecutions by section 88 of this Constitution and the Director of Public Prosecutions shall act in accordance with those directions.
2. This section applies to

b. any offence under any law relating to any right or obligation of Antigua and Barbuda under international law. (Sec. 89)

Affirmative Action (Broadly)

English

1. Subject to the provisions of subsections (4), (5) and (7) of this section, no law shall make any provision that is discriminatory either of itself or in its effect.

3. In this section, the expression “discriminatory” means affording different treatment to different persons attributable wholly or mainly to their respective descriptions by race, place of origin, political opinions or affiliations, colour, creed, or sex whereby persons of one such description are subjected to disabilities or restrictions to which persons of another such description are not made subject or are accorded privileges or advantages that are not accorded to persons of another such description.
4. Subsection (1) of this section shall not apply to any law so far as the law makes provision-

c. whereby persons of any such description as is mentioned in subsection (3) of this section may be subjected to any disability or restriction or may be accorded any privilege or advantage that, having regard to its nature and to special circumstances pertaining to those persons or to persons of any other such description, is reasonably justifiable in a democratic society.
… (Sec. 14)

Citizenship and Nationality

English

The following persons shall become citizens on 1st November 1981-
a. every person who, having been born in Antigua, was on 31st October 1981, a citizen of the United Kingdom and Colonies;
b. every person born outside Antigua if either of his parents or any one of his grandparents was born therein or was registered or naturalized while resident in Antigua;
c. every person who on 31st October 1981 was a citizen of the United Kingdom and Colonies
i. having become such a citizen under the British Nationality Act 1948 by virtue of his having been naturalized while resident in Antigua as a British subject before the Act came into force; or
ii. having while resident in Antigua become such a citizen by virtue of his having been naturalized or registered under that Act;
d. every person who, having been born outside Antigua was on 31st October 1981 a citizen of the United Kingdom and Colonies and if his father or mother becomes, or would but for his or her death or the renunciation of his or her citizenship of the United Kingdom and Colonies have become, a citizen by virtue of paragraph (a), (b) or (c) of this section;
e. every woman who, having been married to a person who becomes, or but for his death or the renunciation of his citizenship of the United Kingdom and Colonies, would have become a citizen by virtue of paragraph (a), (b), (c) or (d) of this section, was a citizen of the United Kingdom and Colonies on 31st October 1981;
f. every person who on 31st October 1981 was under the age of eighteen years and is the child, stepchild, or child adopted in a manner recognized by law, of such a person as is mentioned in any of the preceding paragraphs of this section. (Sec. 112)

Citizenship and Nationality

English

The following persons shall become citizens at the date of their birth on or after 1st November 1981-
 a. every person born in Antigua and Barbuda: Provided that a person shall not become a citizen by virtue of this paragraph if at the time of his birth
i. neither of his parents is a citizen and either of them possess such immunity from suit and legal process as is accorded to the envoy of a foreign sovereign power accredited to Antigua and Barbuda; or
ii. either of his parents is a citizen of a country with which Her Majesty is at war and the birth occurs in a place then under occupation by that country;
b. every person born outside Antigua and Barbuda if at the date of his birth either of his parents is or would have been but for that parent's death, a citizen by virtue of section 112 of this Constitution or paragraph (a) of this section;
c. every person born outside Antigua and Barbuda if at the date of his birth either of his parents is, or would have been but for that parent's death, a citizen employed in service under the Government or under an authority of the Government that requires him or her to reside outside Antigua and Barbuda for the proper discharge of his or her functions. (Sec. 113)

Citizenship and Nationality

English

1. Subject to the provisions of paragraph (e) of section 112 and of section 117 of this Constitution, the following persons shall be entitled, upon making application, to be registered on or after 1st November 1981-
a. any person who, on 31st October 1981-
i. was married to a person who becomes a citizen by virtue of section 112 of this Constitution; or
ii. was married to a person who, having died before 1st November 1981, would have but for his or her death, become a citizen by virtue of that section: Provided that such person is not, or was not at the time of the death of the spouse, living apart from the spouse under a decree of a competent court or a deed of separation;
b. any person who-
i. was married to a person who is or becomes a citizen; or
ii. was married to a person who was or, but for his or her death, would have become a citizen:
Provided that no application shall be allowed from such person before the marriage has subsisted for upwards of three years and that such person is not, or was not at the time of the death of the spouse, living apart from the spouse under a decree of a competent court or a deed of separation;
c. i. every person being a Commonwealth citizen who on 31st October 1981 was domiciled in Antigua and had been ordinarily resident therein for a period of not less than seven years preceding that day;
ii. any person who being a Commonwealth citizen is domiciled in Antigua and Barbuda and has for a period of not less than seven years immediately preceding his application been lawfully ordinarily resident in Antigua and Barbuda (whether or not that period commenced before 1st November 1981);
d. any person who, but for having renounced his citizenship of the United Kingdom and Colonies in order to qualify for the acquisition or retention of the citizenship of another country, would have become a citizen on 1st November 1981;
e. any person who, having been a citizen, had to renounce his citizenship in order to qualify for the acquisition or retention of the citizenship of another country;
f. any person under the age of eighteen years who is the child, stepchild or child adopted in a manner recognised by law of a citizen or is the child, stepchild or child so adopted of a person who is or would but for his death have been entitled to be registered as a citizen under this subsection.
2. An application under this section shall be made in such manner as may be prescribed as respects that application by or under a law enacted by Parliament and, in the case of a person to whom subsection (1) (f) of this section applies, it shall be made on his behalf by his parent or guardian:
provided that if the person to whom subsection (1) (f) of this section applies is or has been married, the application may be made by that person. (Sec. 114)

Citizenship and Nationality

English

1. A person, who on 1st November 1981, is a citizen or entitled to be registered as such and is also a citizen of some other country or entitled to be registered as such shall not solely on the ground that he is or becomes a citizen of that country, be
a. deprived of his citizenship;
b. refused registration as a citizen; or
c. required to renounce his citizenship of that other country, by or under any law.
2. A person referred to in subsection (1) of this section shall not
a. be refused a passport of Antigua and Barbuda or have such a passport withdrawn, cancelled, or impounded solely on the ground that he is in possession of a passport issued by some other country of which he is a citizen; or
b. be required to surrender or be prohibited from acquiring a passport issued by some other country of which he is a citizen before being issued with a passport of Antigua and Barbuda or as a condition of retaining such a passport. (Sec. 115)

Citizenship and Nationality

English

1. Without prejudice to and subject to the provisions of sections 11, 112, 113, 114 and 115 of this Constitution, Parliament may, pursuant to the provisions of this section, make provision for the acquisition of citizenship by registration.
… (Sec. 116)

Citizenship and Nationality

English

1. Any reference in this Chapter to the national status of the father of a person at the time of that person's birth shall, in relation to 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 death occurred before 1st November 1981 the national status that the father would have had if he had died on that day shall be deemed to be his national status at the time of his death: Provided that in the case of a child born out of wedlock references to the mother shall be substituted for such references to the father.
2. In this Chapter- "child" includes a child born out of wedlock and not legitimated;
"father", in relation to a child born out of wedlock and not legitimated, includes a person who acknowledges and can show that he is the father of the child or has been found by a court of competent jurisdiction to be the father of the child;
"parent" includes the mother of a child born out of wedlock.
… (Sec. 118)

Jurisdiction and Access

English

1. Subject to the provisions of sections 25(2), 47(8)(b), 56(4), 65(5), 123(7)(b) and 124 of this Constitution, any person who alleges that any provision of this Constitution (other than a provision of Chapter II2) has been or is being contravened may, if he has a relevant interest, apply to the High Court for a declaration and for relief under this section.
2. The High Court shall have jurisdiction on an application made under this section to determine whether any provision of this Constitution (other than a provision of Chapter II) 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 Constitution has been or is being contravened and the person on whose application the declaration is made has also applied for relief, the High Court may grant to that person such remedy as it considers appropriate, being a remedy available generally under any law in proceedings in the High Court.
4. The Chief Justice may make provision, or authorise the making of provision, with respect to the practice and procedure of the High Court in relation to the jurisdiction and powers conferred on the court by or under this section, including provision with respect to the time within which any application under this section may be made.
5. A person shall be regarded as having a relevant interest for the purpose of an application under this section only if the contravention of this Constitution alleged by him is such as to affect his interests.
6. The rights conferred on a person by this section to apply for a declaration and relief in respect of an alleged contravention of this 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 law or any rule of law.
7. Nothing in this section shall confer jurisdiction on the High Court to hear or determine any such question as is referred to in section 44 of this Constitution. (Sec. 119)

Jurisdiction and Access

English

1. Where any question as to the interpretation of this Constitution arises in any court of law established for Antigua and Barbuda (other than the Court of Appeal, the High Court or a court-martial) and the court is of the opinion that the question involves a substantial question of law, the court may, and shall if any party to the proceedings so requests, refer the question to the High Court.
… (Sec. 120)

Jurisdiction and Access

English

Subject to the provisions of section 44 of this Constitution, an appeal shall lie from decisions of the High Court to the Court of Appeal as of right in the following cases-
a. final decisions in any civil or criminal proceedings on questions as to the interpretation of this Constitution;
b. final decisions given in exercise of the jurisdiction conferred on the High Court by section 18 of this Constitution (which relates to the enforcement of the fundamental rights and freedom); and
c. such other cases as may be prescribed by Parliament. (Sec. 121)

Jurisdiction and Access

English

1. An appeal shall lie from decisions of the Court of Appeal to Her Majesty in Council as of right in the following cases-

c. final decisions in any civil or criminal proceedings which involve a question as to the interpretation of this Constitution;
… (Sec. 122)

Employment Rights and Protection

English

WHEREAS the People of Antigua and Barbuda-

b. respect the principles of social justice and, therefore, believe that the operation of their economic system should result in the material resources of their community being so distributed as to serve the common good, that there should be adequate means of livelihood for all, that labour should not be exploited or forced by economic necessity to operate in inhumane conditions but that there should be opportunity for advancement on the basis of recognition of merit, ability and integrity;
… (Preamble)

Equality and Non-Discrimination

English

Whereas every person in Antigua and Barbuda is entitled to the fundamental rights and freedoms of the individual, that is to say, the right, regardless of race, place of origin, political opinions or affiliations, colour, creed or sex, but subject to respect for the rights and freedoms of others and for the public interest, to each and all of the following, namely -
a. life, liberty, security of the person, the enjoyment of property and the protection of the law;
… (Sec. 3)

Equality and Non-Discrimination

English

1. Subject to the provisions of subsections (4), (5) and (7) of this section, no law shall make any provision that is discriminatory either of itself or in its effect.
2. Subject to the provisions of subsections (6), (7) and (8) of this section, no person shall be treated in a discriminatory manner by any person acting by virtue of any law or in the performance of the functions of any public office or any public authority.
3. In this section, the expression “discriminatory” means affording different treatment to different persons attributable wholly or mainly to their respective descriptions by race, place of origin, political opinions or affiliations, colour, creed, or sex whereby persons of one such description are subjected to disabilities or restrictions to which persons of another such description are not made subject or are accorded privileges or advantages that are not accorded to persons of another such description.
4. Subsection (1) of this section shall not apply to any law so far as the law makes provision-

c. whereby persons of any such description as is mentioned in subsection (3) of this section may be subjected to any disability or restriction or may be accorded any privilege or advantage that, having regard to its nature and to special circumstances pertaining to those persons or to persons of any other such description, is reasonably justifiable in a democratic society.
5. Nothing contained in any law shall be held to be inconsistent with or in contravention of subsection (1) of this section to the extent that it makes provision with respect to qualifications (not being qualifications specifically relating to race, place of origin, political opinions or affiliations, colour, creed or sex) for service as a public officer or as a member of a disciplined force or for the service of a local government authority or a body corporate established by any law for public purposes.
6. Subsection (2) of this section shall not apply to anything that is expressly or by necessary implication authorised to be done by any such provision of law as is referred to in subsection (4) or (5) of this section.
7. Nothing contained in or done under the authority of any law shall be held to be inconsistent with or in contravention of this section to the extent that that law in question makes provision whereby persons of any such description as in mentioned in subsection (3) of this section may be subjected to any restriction on the rights and freedoms guaranteed by sections 8, 10, 11, 12 and 13 of this Constitution, being such a restriction as is authorised by paragraph (a) or (b) of subsection (3) of section 8, subsection (2) of section 10, subsection (4) of section 11, subsection (4) of section 12 or subsection (2) of section 13, as the case may be.
8. Nothing in subsection (2) of this section shall affect any discretion relating to the institution, conduct or discontinuance of civil or criminal proceedings in any court that is vested in any person by or under this Constitution or any other law. (Sec. 14)

Obligations of the State

English

WHEREAS the People of Antigua and Barbuda-
a. proclaim that they are a sovereign nation founded upon principles that acknowledge the supremacy of God, the dignity and worth of the human person, the entitlement of all persons to the fundamental rights and freedoms of the individual, the position of the family in a society of free men and women and free institutions;

e. desire to establish a framework of supreme law within which to guarantee their inalienable human rights and freedoms, among them, the rights to liberty, property, security and legal redress of grievances, as well as freedom of speech, of the press and of assembly, subject only to the public interest:
… (Preamble)

Obligations of the State

English

Whereas every person in Antigua and Barbuda is entitled to the fundamental rights and freedoms of the individual, that is to say, the right, regardless of race, place of origin, political opinions or affiliations, colour, creed or sex, but subject to respect for the rights and freedoms of others and for the public interest, to each and all of the following, namely -
a. life, liberty, security of the person, the enjoyment of property and the protection of the law;
b. freedom of conscience, of expression (including freedom of the press) and of peaceful assembly and association; and
c. protection for his family life, his personal privacy, the privacy of his home and other property and from deprivation of property without fair compensation,
the provisions of this Chapter shall have effect for the purpose of affording protection to the aforesaid rights and freedoms, subject to such limitations of that protection as are contained in those provisions, being limitations designed to ensure that the enjoyment of the said rights and freedoms by any individual does not prejudice the rights and freedoms of others or the public interest. (Sec. 3)

Obligations of the State

English

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

Obligations of Private Parties

English

Whereas every person in Antigua and Barbuda is entitled to the fundamental rights and freedoms of the individual, that is to say, the right, regardless of race, place of origin, political opinions or affiliations, colour, creed or sex, but subject to respect for the rights and freedoms of others and for the public interest, to each and all of the following, namely -
a. life, liberty, security of the person, the enjoyment of property and the protection of the law;
b. freedom of conscience, of expression (including freedom of the press) and of peaceful assembly and association; and
c. protection for his family life, his personal privacy, the privacy of his home and other property and from deprivation of property without fair compensation,
the provisions of this Chapter shall have effect for the purpose of affording protection to the aforesaid rights and freedoms, subject to such limitations of that protection as are contained in those provisions, being limitations designed to ensure that the enjoyment of the said rights and freedoms by any individual does not prejudice the rights and freedoms of others or the public interest. (Sec. 3)

Judicial Protection

English

1. If any person alleges that any of the provisions of sections 3 to 17 (inclusive) of this Constitution has been, is being or is likely to be contravened in relation to him (or, in the case of a person who is detained, if any other person alleges such a contravention in relation to the detained person), then, without prejudice to any other action with respect to the same matter that is lawfully available, that person (or that other person) may apply to the High Court for redress.
2. The High Court shall have original jurisdiction-
a. to hear and determine any application made by any person in pursuance of subsection (1) of this section; and
b. to determine any question arising in the case of any person that is referred to it in pursuance of subsection (3) of this section,
- and may make such declaration and orders, issue such writs and give such directions as it may consider appropriate for the purpose of enforcing or securing the enforcement of any of the provisions of sections 3 to 17 (inclusive) of this Constitution:
Provided that the High Court may decline to exercise its powers under this subsection if it is satisfied that adequate means of redress for the contravention alleges are or have been available to the person concerned under any other law.
3. If in any proceedings in any court (other than the Court of Appeal, the High Court or a court-martial) any question arises as to the contravention of any of the provisions of sections 3 to 17 (inclusive) of this Constitution, the person presiding in that court may, and shall if any party to the proceedings so requests, refer the question to the High Court unless, in his opinion, the raising of the question is merely frivolous or vexatious.
4. Where any question is referred to the High Court in pursuance of subsection (3) of this section, the High Court shall give its decision upon the question and the court in which the question arose shall dispose of the case in accordance with that decision or, if that decision is the subject of an appeal to the Court of Appeal or to Her Majesty in Council, in accordance with the decision of the Court of Appeal or, as the case may be, of Her Majesty in Council.
5. There shall be such provision as may be made by Parliament for conferring upon the High Court such powers in addition to those conferred by this section as may appear to be necessary or desirable for the purpose of enabling that court more effectively to exercise the jurisdiction conferred upon it by this section. 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 the time within which applications may be brought and references shall be made to the High Court). (Sec. 18)

Judicial Protection

English

Subject to the provisions of section 44 of this Constitution, an appeal shall lie from decisions of the High Court to the Court of Appeal as of right in the following cases-

b. final decisions given in exercise of the jurisdiction conferred on the High Court by section 18 of this Constitution (which relates to the enforcement of the fundamental rights and freedom);
… (Sec. 121)

National Human Rights Bodies

English

1. There shall be an officer of Parliament who shall be known as the Ombudsman who shall not hold any other office of emolument either in the public service or otherwise nor engage in any occupation for reward other than the duties of his office.

4. Parliament may make provision for the functions, powers and duties of the Ombudsman.
… (Sec. 66)

Limitations and/or Derogations

English

Whereas every person in Antigua and Barbuda is entitled to the fundamental rights and freedoms of the individual, that is to say, the right, regardless of race, place of origin, political opinions or affiliations, colour, creed or sex, but subject to respect for the rights and freedoms of others and for the public interest, to each and all of the following, namely -
a. life, liberty, security of the person, the enjoyment of property and the protection of the law;
b. freedom of conscience, of expression (including freedom of the press) and of peaceful assembly and association; and
c. protection for his family life, his personal privacy, the privacy of his home and other property and from deprivation of property without fair compensation,
the provisions of this Chapter shall have effect for the purpose of affording protection to the aforesaid rights and freedoms, subject to such limitations of that protection as are contained in those provisions, being limitations designed to ensure that the enjoyment of the said rights and freedoms by any individual does not prejudice the rights and freedoms of others or the public interest. (Sec. 3)

Limitations and/or Derogations

English

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

Limitations and/or Derogations

English

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

Marriage and Family Life

English

Whereas every person in Antigua and Barbuda is entitled to the fundamental rights and freedoms of the individual, that is to say, the right, regardless of race, place of origin, political opinions or affiliations, colour, creed or sex, but subject to respect for the rights and freedoms of others and for the public interest, to each and all of the following, namely-

c. protection for his family life,
… (Sec. 3)

Marriage and Family Life

English

1. An appeal shall lie from decisions of the Court of Appeal to Her Majesty in Council as of right in the following cases-

b. final decisions in proceedings for dissolution or nullity of marriage;
… (Sec. 122)

Participation in Public Life and Institutions

English

1. Subject to the provisions of subsections (4), (5) and (7) of this section, no law shall make any provision that is discriminatory either of itself or in its effect.

3. In this section, the expression “discriminatory” means affording different treatment to different persons attributable wholly or mainly to their respective descriptions by race, place of origin, political opinions or affiliations, colour, creed, or sex whereby persons of one such description are subjected to disabilities or restrictions to which persons of another such description are not made subject or are accorded privileges or advantages that are not accorded to persons of another such description.

5. Nothing contained in any law shall be held to be inconsistent with or in contravention of subsection (1) of this section to the extent that it makes provision with respect to qualifications (not being qualifications specifically relating to race, place of origin, political opinions or affiliations, colour, creed or sex) for service as a public officer or as a member of a disciplined force or for the service of a local government authority or a body corporate established by any law for public purposes.
… (Sec. 14)

Political Rights and Association

English

Whereas every person in Antigua and Barbuda is entitled to the fundamental rights and freedoms of the individual, that is to say, the right, regardless of race, place of origin, political opinions or affiliations, colour, creed or sex, but subject to respect for the rights and freedoms of others and for the public interest, to each and all of the following, namely-

b. freedom of conscience, of expression (including freedom of the press) and of peaceful assembly and association;
… (Sec. 3)

Political Rights and Association

English

1. Except with his own consent, no person shall be hindered in the enjoyment of his freedom of peaceful assembly and association, that is to say, his right peacefully to assemble freely and associate with other persons and in particular to form or belong to trade unions or other associations for the promotion and protection of his interests.
… (Sec. 13)

Political Rights and Association

English

2. Every Commonwealth citizen of the age of eighteen years or upwards who possesses such qualifications relating to residence or domicile in Antigua and Barbuda as Parliament may prescribe shall, unless he is disqualified by any law from registration as a voter for the purpose of electing a member of the House, be entitled to be registered as such a voter in accordance with the provisions of any law in that behalf and no other person may be registered.
3. Every person who is registered as a voter in pursuance of subsection (2) of this section in any constituency shall, unless he is disqualified by any law from voting in that constituency in any election of members of the House, be entitled so to vote in accordance with the provisions of any law in that behalf.
4. In any election of members of the House the votes shall be exercised freely and shall be given by secret ballot in such manner as Parliament may prescribe. (Sec. 40)

Electoral Bodies

English

1. The Governor-General shall by notice published in the Gazette appoint a Supervisor of Elections on resolutions to that effect of both Houses of Parliament specifying the person nominated for appointment.
2. The Supervisor of Elections shall have and exercise such functions, powers and duties as may be provided by law.
… (Sec. 67)

Head of State

English

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

Government

English

1. There shall be a Prime Minister of Antigua and Barbuda who shall be appointed by the Governor-General.
2. Whenever there is occasion for the appointment of a Prime Minister, the Governor General shall appoint as Prime Minister
a. a member of the House who is the leader in the House of the political party that commands the support of the majority of members of the House; or
b. where it appears to him that such party does not have an undisputed leader in the House or that no party commands the support of such a majority, the member of the House who in his judgement is most likely to command the support of the majority of members of the House,
- and is willing to accept the office of Prime Minister.
3. Subject to the provision of section 82 of this Constitution and subsection (4) of this section there shall be, in addition to the office of Prime Minister, such other offices of Minister (including Minister of State) of the Government as may be established by Parliament or, subject to the provisions of any law enacted by Parliament, by the Governor-General, acting in accordance with the advice of the Prime Minister.
4. The Ministers other than the Prime Minister shall be such persons as the Governor-General, acting in accordance with the advice of the Prime Minister, shall appoint from among the members of the House and of the Senate.
… (Sec. 69)

Government

English

1. There shall be a Cabinet for Antigua and Barbuda which shall have the general direction and control of the Government and shall be collectively responsible therefor to Parliament.
2. The Cabinets shall consist of the Prime Minister and such number of other Ministers (of whom one shall be the Attorney-General), appointed in accordance with the provisions of section 69 of this Constitution as the Prime Minister may consider appropriate. (Sec. 70)

Legislature

English

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

Legislature

English

1. The Senate shall consist of seventeen persons who, being qualified for appointment as Senators in accordance with the provisions of this Constitution, have been so appointed in accordance with the provisions of this section and such temporary members (if any) as may be appointed in accordance with the provisions of section 32 of this Constitution.
2. Ten Senators shall be appointed by the Governor-General acting in accordance with the advice of the Prime Minister.
3. Four Senators shall be appointed by the Governor-General acting in accordance with the advice of the Leader of the Opposition.
4. Subject to subsection (7) of this section, one Senator shall be appointed by the Governor-General in his discretion from outstanding persons or persons representing such interests as the Governor-General considers ought to be represented in the Senate.
5. One Senator shall be appointed by the Governor-General acting in accordance with the advice of the Barbuda Council.
6. One Senator, being an inhabitant of Barbuda, shall be appointed by the GovernorGeneral in accordance with the advice of the Prime Minister.
7. Before appointing any person representing interests under subsection (4) of this section the Governor-General shall consult such persons as in his discretion he considers can speak for the interests concerned and ought to be consulted. (Sec. 28)

Legislature

English

Subject to the provisions of section 30 of this Constitution any person who at the date of his appointment•
a. is a citizen of the age of twenty-one years or upwards;
b. has resided in Antigua and Barbuda for a period of twelve months immediately preceding the date of his appointment; and
c. is able to speak and, unless incapacitated by blindness or other physical cause, to read the English language with sufficient proficiency to enable him to take an active part in the proceedings of the Senate, shall be qualified to be appointed as a Senator. (Sec. 29)

Legislature

English

Subject to the provisions of section 39 of this Constitution, any person who at the date of his election•
a. is a citizen of the age of twenty-one years or upwards;
b. has resided in Antigua and Barbuda for a period of twelve months immediately preceding the date of his election; and
c. is able to speak and, unless incapacitated by blindness or other physical cause, to read the English language with sufficient proficiency to enable him to take an active part in the proceedings of the House, shall be qualified to be elected as a member of the House. (Sec. 38)

Legislature

English

1. Each of the constituencies established in accordance with the provisions of section 62 of this Constitution shall return one member to the House who shall be directly elected in such manner as may, subject to the provisions of this Constitution, be prescribed by or under any law.
… (Sec. 40)

Property, Inheritance and Land Tenure

English

WHEREAS the People of Antigua and Barbuda-

e. desire to establish a framework of supreme law within which to guarantee their inalienable human rights and freedoms, among them, the rights to liberty, property, security and legal redress of grievances, as well as freedom of speech, of the press and of assembly, subject only to the public interest: … (Preamble)

Property, Inheritance and Land Tenure

English

Whereas every person in Antigua and Barbuda is entitled to the fundamental rights and freedoms of the individual, that is to say, the right, regardless of race, place of origin, political opinions or affiliations, colour, creed or sex, but subject to respect for the rights and freedoms of others and for the public interest, to each and all of the following, namely-
a. life, liberty, security of the person, the enjoyment of property and the protection of the law;

c. protection for his family life, his personal privacy, the privacy of his home and other property and from deprivation of property without fair compensation,
… (Sec. 3)

Protection from Violence

English

WHEREAS the People of Antigua and Barbuda-

b. respect the principles of social justice and, therefore, believe that the operation of their economic system should result in the material resources of their community being so distributed as to serve the common good, that there should be adequate means of livelihood for all, that labour should not be exploited or forced by economic necessity to operate in inhumane conditions but that there should be opportunity for advancement on the basis of recognition of merit, ability and integrity;

e. desire to establish a framework of supreme law within which to guarantee their inalienable human rights and freedoms, among them, the rights to liberty, property, security and legal redress of grievances, as well as freedom of speech, of the press and of assembly, subject only to the public interest: … (Preamble)

Protection from Violence

English

Whereas every person in Antigua and Barbuda is entitled to the fundamental rights and freedoms of the individual, that is to say, the right, regardless of race, place of origin, political opinions or affiliations, colour, creed or sex, but subject to respect for the rights and freedoms of others and for the public interest, to each and all of the following, namely -
a. life, liberty, security of the person, … (Sec. 3)

Protection from Violence

English

1. No person shall be held in slavery or servitude.
2. No person shall be required to perform forced labour.
… (Sec. 6)

Protection from Violence

English

1. No person shall be subjected to torture or to inhuman or degrading punishment or other such treatment.
… (Sec. 7)

Public Institutions and Services

English

1. The law to be applied with respect to any pensions benefits that were granted to any person before 1st November 1981 shall be the law that was in force at the date on which those benefits were granted or any law in force at a later date that is not less favourable to that person.

5. In this section "pensions benefits" means any pensions, compensations, gratuities or other like allowances for persons in respect of their service as judges 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.
… (Sec. 109)

Public Institutions and Services

English

1. Where under any law any person 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 that have been granted, those benefits shall be granted and may not be withheld, reduced in amount or suspended unless the 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.

5. In this section "pensions benefits" means any pensions, compensations, gratuities or other like allowances for persons in respect of their service as judges 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.
… (Sec. 110)

Status of the Constitution

English

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

Status of International Law

English

1. The Attorney-General may, in the case of any offence to which this section applies, give general or special directions to the Director of Public Prosecutions as to the exercise of the powers conferred upon the Director of Public Prosecutions by section 88 of this Constitution and the Director of Public Prosecutions shall act in accordance with those directions.
2. This section applies to

b. any offence under any law relating to any right or obligation of Antigua and Barbuda under international law. (Sec. 89)

1

Links to all sites last visited 2 March 2016

2

Chapter II on Protection of Fundamental Rights and Freedoms of the Individual.