Constitution Order of Antigua and Barbuda 1981
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 II3) 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)
Links to all sites last visited 6 February 2024
2
Chapter VIII on Citizenship.
3
Chapter II on Protection of Fundamental Rights and Freedoms of the Individual.
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Part of Chapter II on Protection of Fundamental Rights and Freedoms of the Individual.
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Chapter II on Protection of Fundamental Rights and Freedoms of the Individual.
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Chapter IV on Parliament.