Constitution of Grenada 1973, as amended to 1992


Affirmative Action (Broadly)

(1) Subject to the provisions of subsections 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, 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 which are not accorded to persons of another such description.
(4) Subsection (1) of this section shall not apply to any law so far as that 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 which, 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. 13)

Citizenship and Nationality

(1) Every person who, having been born in Grenada is on 6th February 1974 a citizen of the United Kingdom and Colonies shall become a citizen of Grenada on 7thFebruary 1974.
(2) Every person who, on 6th February 1974 is a citizen of the United Kingdom and Colonies-
(a)having become such a citizen under the British Nationality Act 1948 (a) by virtue of his having been naturalised in Grenada 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 Grenada under that Act, shall become a citizen of Grenada on 7thFebruary 1974.
(3) Every person who, having been born outside Grenada, is on 6th February 1974 a citizen of the United Kingdom and Colonies shall, if his father or mother becomes, or would but for his death have become, a citizen of Grenada by virtue of subsection (1) or subsection (2) of this section, become a citizen of Grenada on 7th February 1974. (Sec. 94)

Citizenship and Nationality

(1) Any person who, before 7th February 1974, has been married to a person-
(a) who becomes a citizen of Grenada by virtue of section 94 of this Constitution; or
(b) who, having died before that date, would, but for his death, have become a citizen of Grenada by virtue of that section.
But whose marriage has been terminated by death or dissolution before that date shall be entitled, upon making application and if he is a British protected person or an alien taking the oath of allegiance, to be registered as a citizen of Grenada.
(2) Any person who, having been born outside Grenada, is on 6th February 1974 a citizen of the United Kingdom and Colonies and under the age of eighteen years shall, if his father or his mother becomes a citizen of Grenada on 7th February 1974 by virtue of section 94 (20 of this Constitution be entitled, upon application being made on his behalf by his parent or guardian before he attains the age of eighteen years or before such later date as may be prescribed by Parliament, to be registered as a citizen of Grenada.
(3) An application for registration under this section shall be made in such manner as may be prescribed, as respects that application, by Parliament. (Sec. 95)

Citizenship and Nationality

Every person born in Grenada on or after 7th February 1974 shall become a citizen of Grenada at the date of his birth:
Provided that a person shall not become a citizen of Grenada by virtue of this section if at the time of his birth-
a) neither of his parents is a citizen of Grenada and his father or mother possesses such immunity from suit and legal process as is accorded to the envoy of a foreign sovereign power accredited to Grenada; or
b) his father or mother is a citizen of a country with which Grenada is at war and the birth occurs in a place then under occupation by that country. (Sec. 96)

Citizenship and Nationality

A person born outside Grenada on or after 7th February 1974 shall become a citizen of Grenada at the date of his birth if, at that date, his father or his mother is a citizen of Grenada otherwise than by virtue of this section or section 94(3) of this Constitution. (Sec. 97)

Citizenship and Nationality

Any person who is married to a citizen of Grenada or who has been married to a person who was, during the subsistence of the marriage, a citizen of Grenada shall be entitled, upon making application in such manner as may be prescribed by or under a law enacted by Parliament, and if he is a British protected person or an alien taking the oath of allegiance, to be registered as a citizen of Grenada. (Sec. 98)

Citizenship and Nationality

(1) Parliament may make provision for the acquisition of citizenship of Grenada by persons who are not eligible or who are no longer eligible to become citizens of Grenada under the provisions of this Chapter.
(2) Parliament may make provision for depriving of his citizenship of Grenada any person who is a citizen of Grenada otherwise than by virtue of section 94, section 96 or section 97 of this Constitution.
(3) Parliament may make provision for the renunciation by any person of his citizenship of Grenada. (Sec. 99)

Citizenship and Nationality

(2) Any reference in this Chapter to the father of a person shall, in relation to a person born out of wedlock and not legitimated, be construed as a reference to the mother of that person.
… (Sec. 100)

Jurisdiction and Access

(1) Subject to the provisions of sections 22(2), 39(8), 49(4), 56 and 108 of this Constitution, any person who alleges that any provision of this Constitution (other than a provision of Chapter I) 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 I) 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 the law of Grenada in proceedings in the High Court.
(4) 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 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 right 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 enactment 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 37 of this Constitution. (Sec. 101)

Jurisdiction and Access

(1) Where any question as to the interpretation of this Constitution arises in any court of law established for Grenada (other than the Court of Appeal, the High Court or a court martial) and the court is of opinion that the question involves a substantial question of law, the court shall refer the question to the High Court.
… (Sec. 102)

Jurisdiction and Access

Subject to the provisions of section 37(7) 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 16 of this Constitution (which relates to the enforcement of the fundamental rights and freedoms). (Sec. 103)

Jurisdiction and Access

(1) Subject to the provisions of section 37(7) of this Constitution, 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. 104)

Employment Rights and Protection

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

(d) the right to work,
… (Sec. 1)

Equality and Non-Discrimination

Whereas every person in Grenada is entitled to the fundamental rights and freedoms, that is to say, the right, whatever his race, place of origin, political opinions, colour, creed or sex, but subject to respect for the rights and freedoms of others and for the public interest, to each and all of the following, namely-
(a) life, liberty, security of the person and the protection of the law;
… (Sec. 1)

Equality and Non-Discrimination

(1) Subject to the provisions of subsections 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 written 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, 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 which are not accorded to persons of another such description.
(4) Subsection (1) of this section shall not apply to any law so far as that 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 which, 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 standards or qualifications (not being standards or qualifications specifically relating to race, place of origin, political opinions, colour, creed or sex) to be required of any person who is appointed to or to act in any office in the public service. Any office in a disciplined force, any office in the service of a local government authority or in any office in a body corporate established by law for public purposes.
(6) Subsection (2) of this section shall not apply to anything which is expressly or by necessary implication authorised to be done by any such provision of law as is referred to in subsection (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 in contravention of this section to the extent that the law in question makes provision whereby persons of any such description as is mentioned in subsection (3) of this section may be subjected to any restriction on the rights and freedoms guaranteed by sections 7, 9, 10, 11 and 12 of this Constitution, 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 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. 13)

Obligations of the State

Whereas the people of Grenada

(c) firmly believe in the dignity of human values and that all men are endowed by the Creator with equal and inalienable rights, reason, and conscience; that rights and duties are correlatives in every social and political activity of man; and that while rights exalt individual freedom, duties express the dignity of that freedom;

(e) reiterate that the ideal of free men enjoying freedom from fear and want can be best achieved if conditions are created whereby everyone may enjoy his economic, social and political, civil and cultural rights;
(f) desire that their constitution should reflect the above mentioned principles and beliefs which represent those high ideals upon which their nation is founded, and make provision for ensuring the protection in Grenada of fundamental rights and freedoms:
… (Preamble)

Obligations of the State

Whereas every person in Grenada is entitled to the fundamental rights and freedoms, that is to say, the right, whatever his race, place of origin, political opinions, colour, creed or sex, but subject to respect for the rights and freedoms of others and for the public interest, to each and all of the following, namely-
(a) life, liberty, security of the person and the protection of the law;
(b) freedom of conscience, of expression and of assembly and association;
(c) protection for the privacy of his home and other property and from deprivation of property without compensation; and
(d) the right to work,
the provisions of the Chapter shall have effect for the purpose of affording protection to those rights and freedoms subject to such limitations of that protection as are contained in these provisions, being limitations designed to ensure that the enjoyment of the said rights and freedoms by any person does not prejudice the rights and freedoms of others or the public interest. (Sec. 1)

Obligations of Private Parties

Whereas every person in Grenada is entitled to the fundamental rights and freedoms, that is to say, the right, whatever his race, place of origin, political opinions, colour, creed or sex, but subject to respect for the rights and freedoms of others and for the public interest, to each and all of the following, namely-
(a) life, liberty, security of the person and the protection of the law;
(b) freedom of conscience, of expression and of assembly and association;
(c) protection for the privacy of his home and other property and from deprivation of property without compensation; and
(d) the right to work,
the provisions of the Chapter shall have effect for the purpose of affording protection to those rights and freedoms subject to such limitations of that protection as are contained in these provisions, being limitations designed to ensure that the enjoyment of the said rights and freedoms by any person does not prejudice the rights and freedoms of others or the public interest. (Sec. 1)

Judicial Protection

(1) If any person alleges that nay of the provisions of sections 2 to 15 (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 which 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 which is referred to it in pursuance of subsection (3) of this section and may make such declarations or orders, issue such writs and give such direction as it may consider appropriate for the purpose of enforcing or securing the enforcement of any of the provisions of section 2 to 15 (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 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, the High Court or a court martial) any question arises as to the contravention of any of the provisions of section 2 to 15 (inclusive) of this Constitution, the person presiding in that court may, and shall if any party to the proceedings so request, refer the question to the High Court unless, in his opinions, 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) Parliament may confer 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. 16)

Judicial Protection

Subject to the provisions of section 37(7) 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 16 of this Constitution (which relates to the enforcement of the fundamental rights and freedoms). (Sec. 103)

Limitations and/or Derogations

Whereas every person in Grenada is entitled to the fundamental rights and freedoms, that is to say, the right, whatever his race, place of origin, political opinions, colour, creed or sex, but subject to respect for the rights and freedoms of others and for the public interest, to each and all of the following, namely-
(a) life, liberty, security of the person and the protection of the law;
(b) freedom of conscience, of expression and of assembly and association;
(c) protection for the privacy of his home and other property and from deprivation of property without compensation; and
(d) the right to work,
the provisions of the Chapter shall have effect for the purpose of affording protection to those rights and freedoms subject to such limitations of that protection as are contained in these provisions, being limitations designed to ensure that the enjoyment of the said rights and freedoms by any person does not prejudice the rights and freedoms of others or the public interest. (Sec. 1)

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 3 or section 13 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 Grenada during that period. (Sec. 14)

Marriage and Family Life

(1) Subject to the provisions of section 37(7) of this Constitution, 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. 104)

Participation in Public Life and Institutions

(1) Subject to the provisions of subsections 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, 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 which 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 standards or qualifications (not being standards or qualifications specifically relating to race, place of origin, political opinions, colour, creed or sex) to be required of any person who is appointed to or to act in any office in the public service. Any office in a disciplined force, any office in the service of a local government authority or in any office in a body corporate established by law for public purposes.
… (Sec. 13)

Political Rights and Association

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

(b) freedom of conscience, of expression and of assembly and association;
… (Sec. 1)

Political Rights and Association

(1) Except with his own consent, no person shall be hindered in the enjoyment of his freedom of assembly and association, that is to say, his right to assemble freely and associate with other persons and in particular to form or belong to trade unions or other associations for the protection of his interests.
… (Sec. 11)

Political Rights and Association

(2)
(a) Every Commonwealth citizen who has attained the prescribed age and who possesses such qualifications relating to residence or domicile in Grenada as Parliament may prescribe shall, unless he is disqualified by Parliament from registration as a voter for the purposes of elections of members of the House of Representatives, be entitled to be registered as such a voter under any law in that behalf, and no other person may be so registered.
(b) Every person who is registered as aforesaid in any constituency shall, unless he is disqualified by Parliament from voting in that constituency in any election of members of the House of Representatives, be so entitled to vote, in accordance with the provisions of any law in that behalf, and no other person may so vote.
(c) The prescribed age for the purposes of this subsection shall be the age of eighteen years.
… (Sec. 32)

Electoral Bodies

(1) There shall be a Supervisor of Elections whose duty it shall be to exercise general supervision over the registration of voters in elections of the members of the House of Representatives and over the conduct of such elections.
(2) The functions of the office of Supervisor of Elections shall be exercised by the person holding or acting in such public office as may for the time being be designated in that behalf by the Governor-General acting in his own deliberate judgment.
… (Sec. 35)

Head of State

There shall be a Governor-General of Grenada who shall be appointed by Her Majesty and shall hold office during Her Majesty's pleasure and who shall be Her Majesty's representative in Grenada. (Sec. 19)

Government

(1) There shall be a Prime Minister of Grenada, who shall be appointed by the Governor-General.
(2) Whenever the Governor-General has occasion to appoint a Prime Minister he shall appoint a member of the House of Representatives who appears to him likely to command the support of the majority of the members of the House.
(3) There shall be, in addition to the office of Prime Minister, such other offices of Minister as may be established by Parliament, by the Governor-General, acting in accordance with the advice of the Prime Minister.
(4) Appointments to the office of Minister, other than the office of Prime Minister, shall be made by the Governor-General, acting in accordance with the advice of the Prime Minister, from among the Senators and the members of the House of Representatives.
… (Sec. 58)

Government

(1) There shall be a Cabinet of Minister for Grenada which shall consist of the Prime Minister and the other Ministers.
… (Sec. 59)

Legislature

There shall be a Parliament of Grenada which shall consist of Her Majesty, a Senate and a House of Representatives. (Sec. 23)

Legislature

The Senate shall consist of thirteen members (in this Constitution referred to as "Senators") who shall be appointed by the Governor-General in accordance with this section.
(2) Of the Senators-
(a) seven shall be appointed by the Governor-General, acting in accordance with the advice of the Prime Minister;
(b) three shall be appointed by the Governor-General, acting in accordance with the advice of the Leader of the Opposition; and
(c) three shall be appointed by the Governor-General, acting in accordance with the advice of the Prime Minister after the Prime Minister has consulted the organisations or interests which the Prime Minister considers the Senators should be selected to represent. (Sec. 24)

Legislature

Subject to the provisions of section of this Constitution, a person shall be qualified to be appointed as a Senator if, and shall not be so qualified unless, he-
(a) is a Commonwealth citizen who has attained the age of eighteen years;
(b) has either resided in Grenada for a period of twelve months immediately before the date of his appointment or is domiciled and resident in Grenada at that date; 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. (Sec. 25)

Legislature

Subject to the provisions of section 31 of this Constitution, a person shall be qualified to be elected as a member of the House of Representatives if, and shall not be so qualified unless, he-
(a) is a Commonwealth citizen who has attained the age of eighteen years;
(b) has resided in Grenada for a period of twelve months immediately before the date of his nomination for election or is domiciled and resident in Grenada at that date; 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. (Sec. 30)

Legislature

(1) Each of the constituencies into which Grenada is divided in accordance with the provisions of section 56 of this Constitution shall return one member to the House of Representatives 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. 32)

Property, Inheritance and Land Tenure

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

(c) protection for the privacy of his home and other property … (Sec. 1)

Protection from Violence

Whereas evsery person in Grenada is entitled to the fundamental rights and freedoms, that is to say, the right, whatever his race, place of origin, political opinions, colour, creed or sex, but subject to respect for the rights and freedoms of others and for the public interest, to each and all of the following, namely-
(a) life, liberty, security of the person and the protection of the law;
… (Sec. 1)

Protection from Violence

(1) No person shall be held in slavery or servitude.
(2) No person shall be required to perform forced labor.
… (Sec. 4)

Protection from Violence

(1) No person shall be subjected to torture or to inhuman or degrading punishment or other treatment.
… (Sec. 5)

Public Institutions and Services

(1) The law to be applied with respect to any pensions benefits that were granted to any person before this section comes into operation 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, compensation, gratuities or other like allowances for persons in respect of their service as judges or public officers or for the widows, children, dependants or representatives of such persons in respect of such service.
… (Sec. 92)

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.

(6) In this section "pensions benefits" means any pensions, compensation, gratuities or other like allowances for persons in respect of their service as judges or public officers or for the widows, children, dependants or personal representatives of such persons in respect of such service.
… (Sec. 93)

Status of the Constitution

This Constitution is the supreme law of Grenada and, subject to the provisions of this Constitution, if any other law is inconsistent with this Constitution, this Constitution shall prevail and the other law shall, to the extent of the inconsistency, be void. (Sec. 106)

Affirmative Action (Broadly)

English

(1) Subject to the provisions of subsections 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, 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 which are not accorded to persons of another such description.
(4) Subsection (1) of this section shall not apply to any law so far as that 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 which, 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. 13)

Citizenship and Nationality

English

(1) Every person who, having been born in Grenada is on 6th February 1974 a citizen of the United Kingdom and Colonies shall become a citizen of Grenada on 7thFebruary 1974.
(2) Every person who, on 6th February 1974 is a citizen of the United Kingdom and Colonies-
(a)having become such a citizen under the British Nationality Act 1948 (a) by virtue of his having been naturalised in Grenada 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 Grenada under that Act, shall become a citizen of Grenada on 7thFebruary 1974.
(3) Every person who, having been born outside Grenada, is on 6th February 1974 a citizen of the United Kingdom and Colonies shall, if his father or mother becomes, or would but for his death have become, a citizen of Grenada by virtue of subsection (1) or subsection (2) of this section, become a citizen of Grenada on 7th February 1974. (Sec. 94)

Citizenship and Nationality

English

(1) Any person who, before 7th February 1974, has been married to a person-
(a) who becomes a citizen of Grenada by virtue of section 94 of this Constitution; or
(b) who, having died before that date, would, but for his death, have become a citizen of Grenada by virtue of that section.
But whose marriage has been terminated by death or dissolution before that date shall be entitled, upon making application and if he is a British protected person or an alien taking the oath of allegiance, to be registered as a citizen of Grenada.
(2) Any person who, having been born outside Grenada, is on 6th February 1974 a citizen of the United Kingdom and Colonies and under the age of eighteen years shall, if his father or his mother becomes a citizen of Grenada on 7th February 1974 by virtue of section 94 (20 of this Constitution be entitled, upon application being made on his behalf by his parent or guardian before he attains the age of eighteen years or before such later date as may be prescribed by Parliament, to be registered as a citizen of Grenada.
(3) An application for registration under this section shall be made in such manner as may be prescribed, as respects that application, by Parliament. (Sec. 95)

Citizenship and Nationality

English

Every person born in Grenada on or after 7th February 1974 shall become a citizen of Grenada at the date of his birth:
Provided that a person shall not become a citizen of Grenada by virtue of this section if at the time of his birth-
a) neither of his parents is a citizen of Grenada and his father or mother possesses such immunity from suit and legal process as is accorded to the envoy of a foreign sovereign power accredited to Grenada; or
b) his father or mother is a citizen of a country with which Grenada is at war and the birth occurs in a place then under occupation by that country. (Sec. 96)

Citizenship and Nationality

English

A person born outside Grenada on or after 7th February 1974 shall become a citizen of Grenada at the date of his birth if, at that date, his father or his mother is a citizen of Grenada otherwise than by virtue of this section or section 94(3) of this Constitution. (Sec. 97)

Citizenship and Nationality

English

Any person who is married to a citizen of Grenada or who has been married to a person who was, during the subsistence of the marriage, a citizen of Grenada shall be entitled, upon making application in such manner as may be prescribed by or under a law enacted by Parliament, and if he is a British protected person or an alien taking the oath of allegiance, to be registered as a citizen of Grenada. (Sec. 98)

Citizenship and Nationality

English

(1) Parliament may make provision for the acquisition of citizenship of Grenada by persons who are not eligible or who are no longer eligible to become citizens of Grenada under the provisions of this Chapter.
(2) Parliament may make provision for depriving of his citizenship of Grenada any person who is a citizen of Grenada otherwise than by virtue of section 94, section 96 or section 97 of this Constitution.
(3) Parliament may make provision for the renunciation by any person of his citizenship of Grenada. (Sec. 99)

Citizenship and Nationality

English

(2) Any reference in this Chapter to the father of a person shall, in relation to a person born out of wedlock and not legitimated, be construed as a reference to the mother of that person.
… (Sec. 100)

Jurisdiction and Access

English

(1) Subject to the provisions of sections 22(2), 39(8), 49(4), 56 and 108 of this Constitution, any person who alleges that any provision of this Constitution (other than a provision of Chapter I) 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 I) 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 the law of Grenada in proceedings in the High Court.
(4) 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 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 right 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 enactment 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 37 of this Constitution. (Sec. 101)

Jurisdiction and Access

English

(1) Where any question as to the interpretation of this Constitution arises in any court of law established for Grenada (other than the Court of Appeal, the High Court or a court martial) and the court is of opinion that the question involves a substantial question of law, the court shall refer the question to the High Court.
… (Sec. 102)

Jurisdiction and Access

English

Subject to the provisions of section 37(7) 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 16 of this Constitution (which relates to the enforcement of the fundamental rights and freedoms). (Sec. 103)

Jurisdiction and Access

English

(1) Subject to the provisions of section 37(7) of this Constitution, 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. 104)

Employment Rights and Protection

English

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

(d) the right to work,
… (Sec. 1)

Equality and Non-Discrimination

English

Whereas every person in Grenada is entitled to the fundamental rights and freedoms, that is to say, the right, whatever his race, place of origin, political opinions, colour, creed or sex, but subject to respect for the rights and freedoms of others and for the public interest, to each and all of the following, namely-
(a) life, liberty, security of the person and the protection of the law;
… (Sec. 1)

Equality and Non-Discrimination

English

(1) Subject to the provisions of subsections 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 written 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, 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 which are not accorded to persons of another such description.
(4) Subsection (1) of this section shall not apply to any law so far as that 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 which, 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 standards or qualifications (not being standards or qualifications specifically relating to race, place of origin, political opinions, colour, creed or sex) to be required of any person who is appointed to or to act in any office in the public service. Any office in a disciplined force, any office in the service of a local government authority or in any office in a body corporate established by law for public purposes.
(6) Subsection (2) of this section shall not apply to anything which is expressly or by necessary implication authorised to be done by any such provision of law as is referred to in subsection (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 in contravention of this section to the extent that the law in question makes provision whereby persons of any such description as is mentioned in subsection (3) of this section may be subjected to any restriction on the rights and freedoms guaranteed by sections 7, 9, 10, 11 and 12 of this Constitution, 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 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. 13)

Obligations of the State

English

Whereas the people of Grenada

(c) firmly believe in the dignity of human values and that all men are endowed by the Creator with equal and inalienable rights, reason, and conscience; that rights and duties are correlatives in every social and political activity of man; and that while rights exalt individual freedom, duties express the dignity of that freedom;

(e) reiterate that the ideal of free men enjoying freedom from fear and want can be best achieved if conditions are created whereby everyone may enjoy his economic, social and political, civil and cultural rights;
(f) desire that their constitution should reflect the above mentioned principles and beliefs which represent those high ideals upon which their nation is founded, and make provision for ensuring the protection in Grenada of fundamental rights and freedoms:
… (Preamble)

Obligations of the State

English

Whereas every person in Grenada is entitled to the fundamental rights and freedoms, that is to say, the right, whatever his race, place of origin, political opinions, colour, creed or sex, but subject to respect for the rights and freedoms of others and for the public interest, to each and all of the following, namely-
(a) life, liberty, security of the person and the protection of the law;
(b) freedom of conscience, of expression and of assembly and association;
(c) protection for the privacy of his home and other property and from deprivation of property without compensation; and
(d) the right to work,
the provisions of the Chapter shall have effect for the purpose of affording protection to those rights and freedoms subject to such limitations of that protection as are contained in these provisions, being limitations designed to ensure that the enjoyment of the said rights and freedoms by any person does not prejudice the rights and freedoms of others or the public interest. (Sec. 1)

Obligations of Private Parties

English

Whereas every person in Grenada is entitled to the fundamental rights and freedoms, that is to say, the right, whatever his race, place of origin, political opinions, colour, creed or sex, but subject to respect for the rights and freedoms of others and for the public interest, to each and all of the following, namely-
(a) life, liberty, security of the person and the protection of the law;
(b) freedom of conscience, of expression and of assembly and association;
(c) protection for the privacy of his home and other property and from deprivation of property without compensation; and
(d) the right to work,
the provisions of the Chapter shall have effect for the purpose of affording protection to those rights and freedoms subject to such limitations of that protection as are contained in these provisions, being limitations designed to ensure that the enjoyment of the said rights and freedoms by any person does not prejudice the rights and freedoms of others or the public interest. (Sec. 1)

Judicial Protection

English

(1) If any person alleges that nay of the provisions of sections 2 to 15 (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 which 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 which is referred to it in pursuance of subsection (3) of this section and may make such declarations or orders, issue such writs and give such direction as it may consider appropriate for the purpose of enforcing or securing the enforcement of any of the provisions of section 2 to 15 (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 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, the High Court or a court martial) any question arises as to the contravention of any of the provisions of section 2 to 15 (inclusive) of this Constitution, the person presiding in that court may, and shall if any party to the proceedings so request, refer the question to the High Court unless, in his opinions, 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) Parliament may confer 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. 16)

Judicial Protection

English

Subject to the provisions of section 37(7) 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 16 of this Constitution (which relates to the enforcement of the fundamental rights and freedoms). (Sec. 103)

Limitations and/or Derogations

English

Whereas every person in Grenada is entitled to the fundamental rights and freedoms, that is to say, the right, whatever his race, place of origin, political opinions, colour, creed or sex, but subject to respect for the rights and freedoms of others and for the public interest, to each and all of the following, namely-
(a) life, liberty, security of the person and the protection of the law;
(b) freedom of conscience, of expression and of assembly and association;
(c) protection for the privacy of his home and other property and from deprivation of property without compensation; and
(d) the right to work,
the provisions of the Chapter shall have effect for the purpose of affording protection to those rights and freedoms subject to such limitations of that protection as are contained in these provisions, being limitations designed to ensure that the enjoyment of the said rights and freedoms by any person does not prejudice the rights and freedoms of others or the public interest. (Sec. 1)

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 3 or section 13 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 Grenada during that period. (Sec. 14)

Marriage and Family Life

English

(1) Subject to the provisions of section 37(7) of this Constitution, 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. 104)

Participation in Public Life and Institutions

English

(1) Subject to the provisions of subsections 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, 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 which 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 standards or qualifications (not being standards or qualifications specifically relating to race, place of origin, political opinions, colour, creed or sex) to be required of any person who is appointed to or to act in any office in the public service. Any office in a disciplined force, any office in the service of a local government authority or in any office in a body corporate established by law for public purposes.
… (Sec. 13)

Political Rights and Association

English

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

(b) freedom of conscience, of expression and of assembly and association;
… (Sec. 1)

Political Rights and Association

English

(1) Except with his own consent, no person shall be hindered in the enjoyment of his freedom of assembly and association, that is to say, his right to assemble freely and associate with other persons and in particular to form or belong to trade unions or other associations for the protection of his interests.
… (Sec. 11)

Political Rights and Association

English

(2)
(a) Every Commonwealth citizen who has attained the prescribed age and who possesses such qualifications relating to residence or domicile in Grenada as Parliament may prescribe shall, unless he is disqualified by Parliament from registration as a voter for the purposes of elections of members of the House of Representatives, be entitled to be registered as such a voter under any law in that behalf, and no other person may be so registered.
(b) Every person who is registered as aforesaid in any constituency shall, unless he is disqualified by Parliament from voting in that constituency in any election of members of the House of Representatives, be so entitled to vote, in accordance with the provisions of any law in that behalf, and no other person may so vote.
(c) The prescribed age for the purposes of this subsection shall be the age of eighteen years.
… (Sec. 32)

Electoral Bodies

English

(1) There shall be a Supervisor of Elections whose duty it shall be to exercise general supervision over the registration of voters in elections of the members of the House of Representatives and over the conduct of such elections.
(2) The functions of the office of Supervisor of Elections shall be exercised by the person holding or acting in such public office as may for the time being be designated in that behalf by the Governor-General acting in his own deliberate judgment.
… (Sec. 35)

Head of State

English

There shall be a Governor-General of Grenada who shall be appointed by Her Majesty and shall hold office during Her Majesty's pleasure and who shall be Her Majesty's representative in Grenada. (Sec. 19)

Government

English

(1) There shall be a Prime Minister of Grenada, who shall be appointed by the Governor-General.
(2) Whenever the Governor-General has occasion to appoint a Prime Minister he shall appoint a member of the House of Representatives who appears to him likely to command the support of the majority of the members of the House.
(3) There shall be, in addition to the office of Prime Minister, such other offices of Minister as may be established by Parliament, by the Governor-General, acting in accordance with the advice of the Prime Minister.
(4) Appointments to the office of Minister, other than the office of Prime Minister, shall be made by the Governor-General, acting in accordance with the advice of the Prime Minister, from among the Senators and the members of the House of Representatives.
… (Sec. 58)

Government

English

(1) There shall be a Cabinet of Minister for Grenada which shall consist of the Prime Minister and the other Ministers.
… (Sec. 59)

Legislature

English

There shall be a Parliament of Grenada which shall consist of Her Majesty, a Senate and a House of Representatives. (Sec. 23)

Legislature

English

The Senate shall consist of thirteen members (in this Constitution referred to as "Senators") who shall be appointed by the Governor-General in accordance with this section.
(2) Of the Senators-
(a) seven shall be appointed by the Governor-General, acting in accordance with the advice of the Prime Minister;
(b) three shall be appointed by the Governor-General, acting in accordance with the advice of the Leader of the Opposition; and
(c) three shall be appointed by the Governor-General, acting in accordance with the advice of the Prime Minister after the Prime Minister has consulted the organisations or interests which the Prime Minister considers the Senators should be selected to represent. (Sec. 24)

Legislature

English

Subject to the provisions of section of this Constitution, a person shall be qualified to be appointed as a Senator if, and shall not be so qualified unless, he-
(a) is a Commonwealth citizen who has attained the age of eighteen years;
(b) has either resided in Grenada for a period of twelve months immediately before the date of his appointment or is domiciled and resident in Grenada at that date; 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. (Sec. 25)

Legislature

English

Subject to the provisions of section 31 of this Constitution, a person shall be qualified to be elected as a member of the House of Representatives if, and shall not be so qualified unless, he-
(a) is a Commonwealth citizen who has attained the age of eighteen years;
(b) has resided in Grenada for a period of twelve months immediately before the date of his nomination for election or is domiciled and resident in Grenada at that date; 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. (Sec. 30)

Legislature

English

(1) Each of the constituencies into which Grenada is divided in accordance with the provisions of section 56 of this Constitution shall return one member to the House of Representatives 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. 32)

Property, Inheritance and Land Tenure

English

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

(c) protection for the privacy of his home and other property … (Sec. 1)

Protection from Violence

English

Whereas evsery person in Grenada is entitled to the fundamental rights and freedoms, that is to say, the right, whatever his race, place of origin, political opinions, colour, creed or sex, but subject to respect for the rights and freedoms of others and for the public interest, to each and all of the following, namely-
(a) life, liberty, security of the person and the protection of the law;
… (Sec. 1)

Protection from Violence

English

(1) No person shall be held in slavery or servitude.
(2) No person shall be required to perform forced labor.
… (Sec. 4)

Protection from Violence

English

(1) No person shall be subjected to torture or to inhuman or degrading punishment or other treatment.
… (Sec. 5)

Public Institutions and Services

English

(1) The law to be applied with respect to any pensions benefits that were granted to any person before this section comes into operation 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, compensation, gratuities or other like allowances for persons in respect of their service as judges or public officers or for the widows, children, dependants or representatives of such persons in respect of such service.
… (Sec. 92)

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.

(6) In this section "pensions benefits" means any pensions, compensation, gratuities or other like allowances for persons in respect of their service as judges or public officers or for the widows, children, dependants or personal representatives of such persons in respect of such service.
… (Sec. 93)

Status of the Constitution

English

This Constitution is the supreme law of Grenada and, subject to the provisions of this Constitution, if any other law is inconsistent with this Constitution, this Constitution shall prevail and the other law shall, to the extent of the inconsistency, be void. (Sec. 106)

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