Constitutional Order of the Federation of Saint Kitts and Nevis 1983


Affirmative Action (Broadly)

(1) Subject to subsections (4), (5) and (7), 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, birth out of wedlock, political opinions or affiliations, colour, sex or creed 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) shall not apply to any law so far as that law makes provision-

(d) whereby persons of any such description as is mentioned in subsection (3) 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. 15)

Citizenship and Nationality

The following persons shall become citizens on 19th September 1983:
(a) every person who, having been born in Saint Christopher and Nevis, was immediately before that date a British citizen or a British Dependent Territories citizen;
(b) every person who, having been born outside Saint Christopher and Nevis, was immediately before that date a British citizen or a British Dependent Territories citizen by virtue of registration or naturalization in Saint Christopher and Nevis or by virtue of his or her adoption in Saint Christopher and Nevis in a manner recognized by law;
(c) every other person who was immediately before that date a British citizen or a British Dependent Territories citizen and either of whose parents becomes, or but for death or renunciation of citizenship would have become, a citizen by virtue of paragraph (a), (b) or (d);
(d) every other person who was immediately before that date a British citizen or a British Dependent Territories citizen and who is or has been married to a person who becomes, or but for death or renunciation of citizenship would have become, a citizen by virtue of paragraph (a), (b) or (c);
(e) every other person who, having been born, adopted in a manner recognised by law, registered or, as the case may be, naturalized in Anguilla before 19th December 1980 and having been ordinarily resident in Saint Christopher and Nevis since a date earlier than that date, was immediately before 19th September 1983 a British citizen or a British Dependent Territories citizen;
(f) any person who was immediately before 19th September 1983 a British citizen or a British Dependent Territories citizen and one of whose grandparents becomes, or but for death or renunciation of citizenship would have become, a citizen by virtue of paragraph (a) or (b);
(g) every other person who immediately before that date by virtue of section 113(10) of the Constitution then in force belonged to Saint Christopher and Nevis for the purposes of that Constitution; and
(h) every other person who was immediately before that date under the age of eighteen years and is the child of a person who becomes, or but for death or renunciation of citizenship would have become, a citizen by virtue of any of the preceding paragraphs. (Sec. 90)

Citizenship and Nationality

The following persons born on or after 19th September 1983 shall become citizens at the date of their birth:
(a) every person born in Saint Christopher and Nevis: Provided that a person shall not become a citizen by virtue of this paragraph if at the time of his or her birth
(i) neither of his or her 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 Saint Christopher and Nevis; or
(ii) either of his or her 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 Saint Christopher and Nevis if at the date of his or her birth either of his or her parents is, or but for death would have become, a citizen by virtue of paragraph (a) of section 90; and
(c) every person born outside Saint Christopher and Nevis if at the date of his or her birth either of his or her parents is, or but for death would have become, a citizen employed in service under the Government or under an authority of the Government that requires him or her to reside outside Saint Christopher and Nevis for the proper discharge of his or her functions. (Sec. 91)

Citizenship and Nationality

(1) The following persons shall, if they do not already possess citizenship, be entitled, upon making application, to be registered as citizens:
(a) any person who is married to a citizen;
(b) any person who, being a Commonwealth citizen, is ordinarily resident in Saint Christopher and Nevis having been so resident for the period of fourteen years immediately preceding the date of his or her application;
(c) any person who, having been a citizen, has renounced his or her citizenship;
(d) any person who, but for renunciation of citizenship, would have become a citizen by virtue of section 90;
(e) any person who is married to any such person as is mentioned in paragraph (b), (c) or (d);
(f) any person who
(i) was married to a person who but for his or her death would have become a citizen by virtue of section 90; or
(ii) was married to a person who became a citizen by virtue of that section, but whose marriage to that person had been terminated by dissolution at any time before 19th September 1983 after having subsisted for at least three years;
(g) any person under the age of eighteen years who is the child of a citizen or the child of a person who is or would but for his or her death have been entitled to be registered as a citizen under any of the preceding paragraphs; and
(h) such other persons as may be prescribed by Parliament:
Provided that if it is so provided by Parliament an application for registration as a citizen under this subsection may in such circumstances as may be prescribed by Parliament in the interests of defence, public safety or public order, be refused by the Minister responsible for the matter in any case in which he or she is satisfied that there are reasonable grounds for refusing the application.
(2) An application for registration under subsection (1) 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 under the age of eighteen years, it shall be made on his or her behalf by his or her parent or guardian:
Provided that, if any such person is or has been married, he or she may make the application himself or herself.
… (Sec. 92)

Citizenship and Nationality

(1) If a person who is a citizen of some other country or entitled to be registered as such is entitled to registration as a citizen under section 92, he or she shall not, by reason only that he or she is or may become a citizen of that other country, be refused registration under that section or be required to renounce his or her citizenship of that country as a condition of being registered under that section.
… (Sec. 93)

Citizenship and Nationality

There shall be such provision as may be made by Parliament
(a) for the naturalization as citizens of persons who are not entitled to become citizens under section 92;
(b) for the renunciation by any person of his or her citizenship;
… (Sec. 94)

Citizenship and Nationality

(1) In this Constitution, unless the context otherwise requires,

"parent", in relation to any other person, includes
(a) any person who has adopted him or her in a manner recognized by law; and
(b) in the case of a person born out of wedlock and not legitimated, his or her mother and the person (if any) who acknowledges and can show that he or she is his or her father or has been found by a court of competent jurisdiction to be his or her father;
But, in the case of a person who has been adopted, it does not include any person who has relinquished his or her parental rights over him or her as a consequence of the adoption;

(d) for depriving of his or her citizenship any person who has become a citizen by virtue of registration or naturalisation if his or her citizenship was obtained by false representation or fraud or wilful concealment of material facts or if he or she is convicted under any law of an act of treason or sedition:
Provided that any law enacted for the purposes of paragraph (d) shall include provisions under which the person concerned shall have a right of appeal to a court of law of competent jurisdiction or other independent authority and shall be permitted to appear before the court or authority in person or, at his or her own expense, to be represented by a legal practitioner of his or her own choice. (Sec. 119)

Jurisdiction and Access

(1) Subject to sections 23(3), 37(10)(b), 50(7) and 116(2), 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 or she 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 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 or her is such as to affect his or her 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 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 36. (Sec. 96)

Jurisdiction and Access

(1) Where any question as to the interpretation of this Constitution arises in any court of law established for Saint Christopher and Nevis (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. 97)

Jurisdiction and Access

Subject to section 36, 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 that involve a question as to the interpretation of this Constitution;
(b) final decisions given in exercise of the jurisdiction conferred on the High Court by section 18 (which relates to the enforcement of the fundamental rights and freedoms);
… (Sec. 98)

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 that involve a question as to the interpretation of this Constitution;
… (Sec. 99)

Education

(1) The Administration3 shall have exclusive responsibility for the administration within the island of Nevis, in accordance with the provisions of any relevant laws, of the following matters:
...
(b) education;
… (Sec. 106)

Employment Rights and Protection

(1) The Administration4 shall have exclusive responsibility for the administration within the island of Nevis, in accordance with the provisions of any relevant laws, of the following matters:

(f) labour;
… (Sec. 106)

Equality and Non-Discrimination

Whereas every person in Saint Christopher and Nevis is entitled to the fundamental rights and freedoms, that is to say, the right, whatever his or her race, place of origin, birth, 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, equality before the law and the protection of the law;
… (Sec. 3)

Equality and Non-Discrimination

(1) Subject to subsections (4), (5) and (7), no law shall make any provision that is discriminatory either of itself or in its effect.
(2) Subject to subsections (6), (7), (8) and (9), a person shall not 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, birth out of wedlock, political opinions or affiliations, colour, sex or creed 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) shall not apply to any law so far as that law makes provision

(c) for the application, in the case of persons of any such description as is mentioned in subsection (3) (or of persons connected with such persons) of the law with respect to adoption, marriage, divorce, burial, devolution of property on death or other like matters that is the personal law of persons of that description; or
(d) whereby persons of any such description as is mentioned in subsection (3) 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) 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, birth out of wedlock, political opinions or affiliations, colour, creed or sex) to be required of any person who is appointed to or to act in any office under the Crown, any office in the service of a local government authority or any office in a body corporate established by law for public purposes.
(6) Subsection (2) 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).
(7) Nothing contained in or done under the authority of any law shall be held to be inconsistent with or in contravention of subsection (1) or (2) to the extent that the law in question makes provision whereby persons of any such description as is mentioned in subsection (3) may be subjected to any restriction on the rights and freedoms guaranteed by sections 9, 11, 12, 13 and 14, being such a restriction as is authorised by section 9(2), 11(5), 12(2) or 13(2) or, as the case may be, paragraph (a), (b), or (h) of section 14(3).
(8) Nothing in subsection (2) 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 any law.
(9) Nothing in subsection (2) shall apply in relation to the exercise of any function vested in any person or authority by any of the provisions of this Constitution except sections 78(1), 79(2), 80(1), 81(1), 82(1), 83 and 85 (which relate to the appointment etc. of public officers). (Sec. 15)

Obligations of the State

WHEREAS the People of Saint Christopher and Nevis

(b) assert that they are entitled to the protection of fundamental rights and freedoms;
… (Preamble)

Obligations of the State

Whereas every person in Saint Christopher and Nevis is entitled to the fundamental rights and freedoms, that is to say, the right, whatever his or her race, place of origin, birth, political opinions, colour, creed or sex, but subject to respect for the rights and freedoms of others and for the public interest, … (Sec. 3)

Obligations of Private Parties

Whereas every person in Saint Christopher and Nevis is entitled to the fundamental rights and freedoms, that is to say, the right, whatever his or her race, place of origin, birth, political opinions, colour, creed or sex, but subject to respect for the rights and freedoms of others and for the public interest, … (Sec. 3)

Judicial Protection

(1) If any person alleges that any of the provisions of sections 3 to 17 (inclusive) has been, is being or is likely to be contravened in relation to him or her (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); and
(b) to determine any question arising in the case of any person that is referred to it in pursuance of subsection (3) and may make such declarations and orders, issue such writs and give such directions as it may consider appropriate for the purpose of enforcing or securing the enforcement of any of the provisions of sections 3 to 17 (inclusive): Provided that the High Court may decline to exercise its powers under this subsection if it is satisfied that adequate means of redress for the contravention alleged are or have been available to the person concerned under any other law.
(3) If in any proceedings in any court (other than the Court of Appeal or 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); the person presiding in that court may and, if any party to the proceedings so requests, shall refer the question to the High Court unless, in his or her 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), 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) The High Court shall have such powers in addition to those conferred by this section as may be conferred upon it by the legislature for the purpose of enabling it more effectively to exercise the jurisdiction conferred upon it by this section.
(6) The Chief Justice may make rules with respect to the practice and procedure of the High Court in relation to the jurisdiction and powers conferred on it by or under this section (including rules with respect to the time within which applications may be brought and references shall be made to the High Court). (Sec. 18)

Judicial Protection

Subject to section 36, 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 (which relates to the enforcement of the fundamental rights and freedoms);
… (Sec. 98)

Limitations and/or Derogations

Whereas every person in Saint Christopher and Nevis is entitled to the fundamental rights and freedoms, that is to say, the right, whatever his or her race, place of origin, birth, political opinions, colour, creed or sex, but subject to respect for the rights and freedoms of others and for the public interest, …
the provisions of this Chapter5 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 those provisions, being limitations designed to ensure that the enjoyment of those rights and freedoms by any person does not impair 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 15 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 Saint Christopher and Nevis or in part of Saint Christopher and Nevis during that period. (Sec. 16)

Marriage and Family Life

(1) Subject to subsections (4), (5) and (7), 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, birth out of wedlock, political opinions or affiliations, colour, sex or creed 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) shall not apply to any law so far as that law makes provision

(c) for the application, in the case of persons of any such description as is mentioned in subsection (3) (or of persons connected with such persons) of the law with respect to adoption, marriage, divorce, burial, devolution of property on death or other like matters that is the personal law of persons of that description;
… (Sec. 15)

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. 99)

Participation in Public Life and Institutions

(1) Subject to subsections (4), (5) and (7), 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, birth out of wedlock, political opinions or affiliations, colour, sex or creed 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) 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, birth out of wedlock, political opinions or affiliations, colour, creed or sex) to be required of any person who is appointed to or to act in any office under the Crown, any office in the service of a local government authority or any office in a body corporate established by law for public purposes.
… (Sec. 15)

Political Rights and Association

Whereas every person in Saint Christopher and Nevis is entitled to the fundamental rights and freedoms, that is to say, the right, whatever his or her race, place of origin, birth, 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. 3)

Political Rights and Association

(1) Except with his or her own consent, a person shall not be hindered in the enjoyment of his or her freedom of assembly and association, that is to say, his or her right to assembly freely and associate with other persons and in particular to form or belong to trade unions or other associations for the protection of his or her interests or to form or belong to political parties or other political associations.
… (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 in the island of Nevis or domicile in Saint Christopher and Nevis as Parliament may prescribe shall, unless he or she is disqualified by Parliament from registration as such, be entitled to be registered as a voter for the purpose of electing members of the Assembly in one (but not more than one) electoral district in accordance with the provisions of any law in that behalf and no other person may be registered as such.
(3) Every person who is registered under subsection (2) in any electoral district shall, unless he or she is disqualified by Parliament from voting in any election of Representatives or of members of the Assembly, be entitled to vote in that electoral district in accordance with the provisions of any law in that behalf and no other person may so vote.
… (Sec. 29)

Electoral Bodies

(1) There shall be for Saint Christopher and Nevis an Electoral Commission (hereinafter in this section referred to as the Commission) ...
(4) The function of the Commission shall be to supervise the Supervisor of Elections in the performance of his or her functions under sections 34(1), 38(9) and 113(5).
… (Sec. 33)

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 Representatives and over the conduct of such elections.
… (Sec. 34)

Head of State

There shall be for Saint Christopher and Nevis a Governor-General 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 Saint Christopher and Nevis. (Sec. 21)

Head of State

(1) Any reference in this Constitution to the functions of the Governor-General shall be construed as a reference to his or her powers and duties in the exercise of the executive authority of Saint Christopher and Nevis and to any other powers and duties conferred or imposed on him or her as Governor-General by or under this Constitution or any other law.
(2) Where by this Constitution the Governor-General is required to perform any function in his or her own deliberate judgment or in accordance with the advice or recommendation of, or after consultation with, any person or authority, the question whether the Governor-General has so exercised that function shall not be enquired into in any court of law.
(3) Where by this Constitution the Governor-General is required to perform any function after consultation with any person or authority he or she shall not be obliged to exercise that function in accordance with the recommendation of that person or authority. (Sec. 116)

Government

(1) There shall be a Prime Minister of Saint Christopher and Nevis who shall be appointed by the Governor-General.
(2) Whenever the Governor-General has occasion to appoint a Prime Minister he or she shall appoint a Representative who appears to him or her likely to command the support of the majority of the Representatives.
(3) There shall be, in addition to the office of Prime Minister, an office of Deputy Prime Minister and such other offices of Minister 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) 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 members of the National Assembly.
… (Sec. 52)

Government

(1) There shall be for Saint Christopher and Nevis a Cabinet of Ministers which shall consist of the Prime Minister and the other Ministers.

(3) The functions of the Cabinet shall be to advise the Governor-General in the government of Saint Christopher and Nevis and the Cabinet shall be collectively responsible to the National Assembly for any advice given to the Governor-General by or under the general authority of the Cabinet and for all things done by or under the authority of any Minister in the execution of his or her office.
… (Sec. 53)

Legislature

There shall be for Saint Christopher and Nevis a Parliament which shall consist of Her Majesty and a National Assembly. (Sec. 25)

Legislature

Subject to section 28, a person shall be qualified to be elected or appointed as a member of the National Assembly if, and shall not be so qualified unless, he or she is a citizen of the age of twenty-one years or upwards and he or she or one of his or her parents was born in Saint Christopher and Nevis and he or she is domiciled there at the date of his or her nomination for election or his or her appointment, as the case may be. (Sec. 27)

Legislature

(1) Each of the constituencies established in accordance with the provisions of section 50 of this Constitution shall return one Representative to the National Assembly who shall be directly elected in such manner as may, subject to the provisions of this Constitution, be prescribed by or under any law enacted by Parliament.
… (Sec. 29)

Legislature

(1) Of the Senators
(a) one-third of their number (excluding any Senator who holds the office of Attorney-General) shall be appointed by the Governor-General, acting in accordance with the advice of the Leader of the Opposition; and
(b) the others shall be appointed by the Governor-General, acting in accordance with the advice of the Prime Minister.
… (Sec. 30)

Legislature

(1) Subject to the provisions of this Constitution, Parliament may make laws for the peace, order and good government of Saint Christopher and Nevis.
… (Sec. 37)

Property, Inheritance and Land Tenure

Whereas every person in Saint Christopher and Nevis is entitled to the fundamental rights and freedoms, that is to say, the right, whatever his or her race, place of origin, birth, 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 his or her personal privacy, the privacy of his or her home and other property and from deprivation of property without compensation,
… (Sec. 3)

Property, Inheritance and Land Tenure

(1) Subject to subsections (4), (5) and (7), 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, birth out of wedlock, political opinions or affiliations, colour, sex or creed 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) shall not apply to any law so far as that law makes provision

(c) for the application, in the case of persons of any such description as is mentioned in subsection (3) (or of persons connected with such persons) of the law with respect to adoption, marriage, divorce, burial, devolution of property on death or other like matters that is the personal law of persons of that description;
… (Sec. 15)

Property, Inheritance and Land Tenure


(15) Land and buildings other than land and buildings vested in the Crown and specifically appropriated to the use of the Government, including holding of land by persons who are not citizens.
… (Schedule 5 - Legislative Powers, Part 1 - Matters with respect to which the Nevis Island Legislature has exclusive power to make laws)

Protection from Violence

Whereas every person in Saint Christopher and Nevis is entitled to the fundamental rights and freedoms, that is to say, the right, whatever his or her race, place of origin, birth, 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, equality before the law and the protection of the law;
… (Sec. 3)

Protection from Violence

(1) A person shall not be held in slavery or servitude.
(2) No person shall be required to perform forced labour.
… (Sec. 6)

Protection from Violence

A person shall not be subjected to torture or to inhuman degrading punishment or other like treatment. (Sec. 7)

Public Institutions and Services

WHEREAS the People of Saint Christopher and Nevis

(d) desire the creation of a climate of economic wellbeing in the context of respect for law and order; and
… (Preamble)

Public Institutions and Services

(1) The law to be applied with respect to any pension benefits that were granted to any person at any time before 19th September 1983 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 members of the National Assembly, 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. 88)

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, compensation, 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. 89)

Status of the Constitution

This Constitution is the supreme law of Saint Christopher and Nevis 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. 2)

Customary Law

(1) Subject to subsections (4), (5) and (7), 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, birth out of wedlock, political opinions or affiliations, colour, sex or creed 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) shall not apply to any law so far as that law makes provision

(c) for the application, in the case of persons of any such description as is mentioned in subsection (3) (or of persons connected with such persons) of the law with respect to adoption, marriage, divorce, burial, devolution of property on death or other like matters that is the personal law of persons of that description;
… (Sec. 15)

Affirmative Action (Broadly)

English

(1) Subject to subsections (4), (5) and (7), 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, birth out of wedlock, political opinions or affiliations, colour, sex or creed 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) shall not apply to any law so far as that law makes provision-

(d) whereby persons of any such description as is mentioned in subsection (3) 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. 15)

Citizenship and Nationality

English

The following persons shall become citizens on 19th September 1983:
(a) every person who, having been born in Saint Christopher and Nevis, was immediately before that date a British citizen or a British Dependent Territories citizen;
(b) every person who, having been born outside Saint Christopher and Nevis, was immediately before that date a British citizen or a British Dependent Territories citizen by virtue of registration or naturalization in Saint Christopher and Nevis or by virtue of his or her adoption in Saint Christopher and Nevis in a manner recognized by law;
(c) every other person who was immediately before that date a British citizen or a British Dependent Territories citizen and either of whose parents becomes, or but for death or renunciation of citizenship would have become, a citizen by virtue of paragraph (a), (b) or (d);
(d) every other person who was immediately before that date a British citizen or a British Dependent Territories citizen and who is or has been married to a person who becomes, or but for death or renunciation of citizenship would have become, a citizen by virtue of paragraph (a), (b) or (c);
(e) every other person who, having been born, adopted in a manner recognised by law, registered or, as the case may be, naturalized in Anguilla before 19th December 1980 and having been ordinarily resident in Saint Christopher and Nevis since a date earlier than that date, was immediately before 19th September 1983 a British citizen or a British Dependent Territories citizen;
(f) any person who was immediately before 19th September 1983 a British citizen or a British Dependent Territories citizen and one of whose grandparents becomes, or but for death or renunciation of citizenship would have become, a citizen by virtue of paragraph (a) or (b);
(g) every other person who immediately before that date by virtue of section 113(10) of the Constitution then in force belonged to Saint Christopher and Nevis for the purposes of that Constitution; and
(h) every other person who was immediately before that date under the age of eighteen years and is the child of a person who becomes, or but for death or renunciation of citizenship would have become, a citizen by virtue of any of the preceding paragraphs. (Sec. 90)

Citizenship and Nationality

English

The following persons born on or after 19th September 1983 shall become citizens at the date of their birth:
(a) every person born in Saint Christopher and Nevis: Provided that a person shall not become a citizen by virtue of this paragraph if at the time of his or her birth
(i) neither of his or her 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 Saint Christopher and Nevis; or
(ii) either of his or her 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 Saint Christopher and Nevis if at the date of his or her birth either of his or her parents is, or but for death would have become, a citizen by virtue of paragraph (a) of section 90; and
(c) every person born outside Saint Christopher and Nevis if at the date of his or her birth either of his or her parents is, or but for death would have become, a citizen employed in service under the Government or under an authority of the Government that requires him or her to reside outside Saint Christopher and Nevis for the proper discharge of his or her functions. (Sec. 91)

Citizenship and Nationality

English

(1) The following persons shall, if they do not already possess citizenship, be entitled, upon making application, to be registered as citizens:
(a) any person who is married to a citizen;
(b) any person who, being a Commonwealth citizen, is ordinarily resident in Saint Christopher and Nevis having been so resident for the period of fourteen years immediately preceding the date of his or her application;
(c) any person who, having been a citizen, has renounced his or her citizenship;
(d) any person who, but for renunciation of citizenship, would have become a citizen by virtue of section 90;
(e) any person who is married to any such person as is mentioned in paragraph (b), (c) or (d);
(f) any person who
(i) was married to a person who but for his or her death would have become a citizen by virtue of section 90; or
(ii) was married to a person who became a citizen by virtue of that section, but whose marriage to that person had been terminated by dissolution at any time before 19th September 1983 after having subsisted for at least three years;
(g) any person under the age of eighteen years who is the child of a citizen or the child of a person who is or would but for his or her death have been entitled to be registered as a citizen under any of the preceding paragraphs; and
(h) such other persons as may be prescribed by Parliament:
Provided that if it is so provided by Parliament an application for registration as a citizen under this subsection may in such circumstances as may be prescribed by Parliament in the interests of defence, public safety or public order, be refused by the Minister responsible for the matter in any case in which he or she is satisfied that there are reasonable grounds for refusing the application.
(2) An application for registration under subsection (1) 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 under the age of eighteen years, it shall be made on his or her behalf by his or her parent or guardian:
Provided that, if any such person is or has been married, he or she may make the application himself or herself.
… (Sec. 92)

Citizenship and Nationality

English

(1) If a person who is a citizen of some other country or entitled to be registered as such is entitled to registration as a citizen under section 92, he or she shall not, by reason only that he or she is or may become a citizen of that other country, be refused registration under that section or be required to renounce his or her citizenship of that country as a condition of being registered under that section.
… (Sec. 93)

Citizenship and Nationality

English

There shall be such provision as may be made by Parliament
(a) for the naturalization as citizens of persons who are not entitled to become citizens under section 92;
(b) for the renunciation by any person of his or her citizenship;
… (Sec. 94)

Citizenship and Nationality

English

(1) In this Constitution, unless the context otherwise requires,

"parent", in relation to any other person, includes
(a) any person who has adopted him or her in a manner recognized by law; and
(b) in the case of a person born out of wedlock and not legitimated, his or her mother and the person (if any) who acknowledges and can show that he or she is his or her father or has been found by a court of competent jurisdiction to be his or her father;
But, in the case of a person who has been adopted, it does not include any person who has relinquished his or her parental rights over him or her as a consequence of the adoption;

(d) for depriving of his or her citizenship any person who has become a citizen by virtue of registration or naturalisation if his or her citizenship was obtained by false representation or fraud or wilful concealment of material facts or if he or she is convicted under any law of an act of treason or sedition:
Provided that any law enacted for the purposes of paragraph (d) shall include provisions under which the person concerned shall have a right of appeal to a court of law of competent jurisdiction or other independent authority and shall be permitted to appear before the court or authority in person or, at his or her own expense, to be represented by a legal practitioner of his or her own choice. (Sec. 119)

Jurisdiction and Access

English

(1) Subject to sections 23(3), 37(10)(b), 50(7) and 116(2), 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 or she 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 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 or her is such as to affect his or her 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 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 36. (Sec. 96)

Jurisdiction and Access

English

(1) Where any question as to the interpretation of this Constitution arises in any court of law established for Saint Christopher and Nevis (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. 97)

Jurisdiction and Access

English

Subject to section 36, 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 that involve a question as to the interpretation of this Constitution;
(b) final decisions given in exercise of the jurisdiction conferred on the High Court by section 18 (which relates to the enforcement of the fundamental rights and freedoms);
… (Sec. 98)

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 that involve a question as to the interpretation of this Constitution;
… (Sec. 99)

Education

English

(1) The Administration3 shall have exclusive responsibility for the administration within the island of Nevis, in accordance with the provisions of any relevant laws, of the following matters:
...
(b) education;
… (Sec. 106)

Employment Rights and Protection

English

(1) The Administration4 shall have exclusive responsibility for the administration within the island of Nevis, in accordance with the provisions of any relevant laws, of the following matters:

(f) labour;
… (Sec. 106)

Equality and Non-Discrimination

English

Whereas every person in Saint Christopher and Nevis is entitled to the fundamental rights and freedoms, that is to say, the right, whatever his or her race, place of origin, birth, 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, equality before the law and the protection of the law;
… (Sec. 3)

Equality and Non-Discrimination

English

(1) Subject to subsections (4), (5) and (7), no law shall make any provision that is discriminatory either of itself or in its effect.
(2) Subject to subsections (6), (7), (8) and (9), a person shall not 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, birth out of wedlock, political opinions or affiliations, colour, sex or creed 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) shall not apply to any law so far as that law makes provision

(c) for the application, in the case of persons of any such description as is mentioned in subsection (3) (or of persons connected with such persons) of the law with respect to adoption, marriage, divorce, burial, devolution of property on death or other like matters that is the personal law of persons of that description; or
(d) whereby persons of any such description as is mentioned in subsection (3) 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) 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, birth out of wedlock, political opinions or affiliations, colour, creed or sex) to be required of any person who is appointed to or to act in any office under the Crown, any office in the service of a local government authority or any office in a body corporate established by law for public purposes.
(6) Subsection (2) 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).
(7) Nothing contained in or done under the authority of any law shall be held to be inconsistent with or in contravention of subsection (1) or (2) to the extent that the law in question makes provision whereby persons of any such description as is mentioned in subsection (3) may be subjected to any restriction on the rights and freedoms guaranteed by sections 9, 11, 12, 13 and 14, being such a restriction as is authorised by section 9(2), 11(5), 12(2) or 13(2) or, as the case may be, paragraph (a), (b), or (h) of section 14(3).
(8) Nothing in subsection (2) 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 any law.
(9) Nothing in subsection (2) shall apply in relation to the exercise of any function vested in any person or authority by any of the provisions of this Constitution except sections 78(1), 79(2), 80(1), 81(1), 82(1), 83 and 85 (which relate to the appointment etc. of public officers). (Sec. 15)

Obligations of the State

English

WHEREAS the People of Saint Christopher and Nevis

(b) assert that they are entitled to the protection of fundamental rights and freedoms;
… (Preamble)

Obligations of the State

English

Whereas every person in Saint Christopher and Nevis is entitled to the fundamental rights and freedoms, that is to say, the right, whatever his or her race, place of origin, birth, political opinions, colour, creed or sex, but subject to respect for the rights and freedoms of others and for the public interest, … (Sec. 3)

Obligations of Private Parties

English

Whereas every person in Saint Christopher and Nevis is entitled to the fundamental rights and freedoms, that is to say, the right, whatever his or her race, place of origin, birth, political opinions, colour, creed or sex, but subject to respect for the rights and freedoms of others and for the public interest, … (Sec. 3)

Judicial Protection

English

(1) If any person alleges that any of the provisions of sections 3 to 17 (inclusive) has been, is being or is likely to be contravened in relation to him or her (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); and
(b) to determine any question arising in the case of any person that is referred to it in pursuance of subsection (3) and may make such declarations and orders, issue such writs and give such directions as it may consider appropriate for the purpose of enforcing or securing the enforcement of any of the provisions of sections 3 to 17 (inclusive): Provided that the High Court may decline to exercise its powers under this subsection if it is satisfied that adequate means of redress for the contravention alleged are or have been available to the person concerned under any other law.
(3) If in any proceedings in any court (other than the Court of Appeal or 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); the person presiding in that court may and, if any party to the proceedings so requests, shall refer the question to the High Court unless, in his or her 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), 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) The High Court shall have such powers in addition to those conferred by this section as may be conferred upon it by the legislature for the purpose of enabling it more effectively to exercise the jurisdiction conferred upon it by this section.
(6) The Chief Justice may make rules with respect to the practice and procedure of the High Court in relation to the jurisdiction and powers conferred on it by or under this section (including rules with respect to the time within which applications may be brought and references shall be made to the High Court). (Sec. 18)

Judicial Protection

English

Subject to section 36, 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 (which relates to the enforcement of the fundamental rights and freedoms);
… (Sec. 98)

Limitations and/or Derogations

English

Whereas every person in Saint Christopher and Nevis is entitled to the fundamental rights and freedoms, that is to say, the right, whatever his or her race, place of origin, birth, political opinions, colour, creed or sex, but subject to respect for the rights and freedoms of others and for the public interest, …
the provisions of this Chapter5 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 those provisions, being limitations designed to ensure that the enjoyment of those rights and freedoms by any person does not impair 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 15 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 Saint Christopher and Nevis or in part of Saint Christopher and Nevis during that period. (Sec. 16)

Marriage and Family Life

English

(1) Subject to subsections (4), (5) and (7), 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, birth out of wedlock, political opinions or affiliations, colour, sex or creed 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) shall not apply to any law so far as that law makes provision

(c) for the application, in the case of persons of any such description as is mentioned in subsection (3) (or of persons connected with such persons) of the law with respect to adoption, marriage, divorce, burial, devolution of property on death or other like matters that is the personal law of persons of that description;
… (Sec. 15)

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. 99)

Participation in Public Life and Institutions

English

(1) Subject to subsections (4), (5) and (7), 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, birth out of wedlock, political opinions or affiliations, colour, sex or creed 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) 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, birth out of wedlock, political opinions or affiliations, colour, creed or sex) to be required of any person who is appointed to or to act in any office under the Crown, any office in the service of a local government authority or any office in a body corporate established by law for public purposes.
… (Sec. 15)

Political Rights and Association

English

Whereas every person in Saint Christopher and Nevis is entitled to the fundamental rights and freedoms, that is to say, the right, whatever his or her race, place of origin, birth, 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. 3)

Political Rights and Association

English

(1) Except with his or her own consent, a person shall not be hindered in the enjoyment of his or her freedom of assembly and association, that is to say, his or her right to assembly freely and associate with other persons and in particular to form or belong to trade unions or other associations for the protection of his or her interests or to form or belong to political parties or other political associations.
… (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 in the island of Nevis or domicile in Saint Christopher and Nevis as Parliament may prescribe shall, unless he or she is disqualified by Parliament from registration as such, be entitled to be registered as a voter for the purpose of electing members of the Assembly in one (but not more than one) electoral district in accordance with the provisions of any law in that behalf and no other person may be registered as such.
(3) Every person who is registered under subsection (2) in any electoral district shall, unless he or she is disqualified by Parliament from voting in any election of Representatives or of members of the Assembly, be entitled to vote in that electoral district in accordance with the provisions of any law in that behalf and no other person may so vote.
… (Sec. 29)

Electoral Bodies

English

(1) There shall be for Saint Christopher and Nevis an Electoral Commission (hereinafter in this section referred to as the Commission) ...
(4) The function of the Commission shall be to supervise the Supervisor of Elections in the performance of his or her functions under sections 34(1), 38(9) and 113(5).
… (Sec. 33)

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 Representatives and over the conduct of such elections.
… (Sec. 34)

Head of State

English

There shall be for Saint Christopher and Nevis a Governor-General 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 Saint Christopher and Nevis. (Sec. 21)

Head of State

English

(1) Any reference in this Constitution to the functions of the Governor-General shall be construed as a reference to his or her powers and duties in the exercise of the executive authority of Saint Christopher and Nevis and to any other powers and duties conferred or imposed on him or her as Governor-General by or under this Constitution or any other law.
(2) Where by this Constitution the Governor-General is required to perform any function in his or her own deliberate judgment or in accordance with the advice or recommendation of, or after consultation with, any person or authority, the question whether the Governor-General has so exercised that function shall not be enquired into in any court of law.
(3) Where by this Constitution the Governor-General is required to perform any function after consultation with any person or authority he or she shall not be obliged to exercise that function in accordance with the recommendation of that person or authority. (Sec. 116)

Government

English

(1) There shall be a Prime Minister of Saint Christopher and Nevis who shall be appointed by the Governor-General.
(2) Whenever the Governor-General has occasion to appoint a Prime Minister he or she shall appoint a Representative who appears to him or her likely to command the support of the majority of the Representatives.
(3) There shall be, in addition to the office of Prime Minister, an office of Deputy Prime Minister and such other offices of Minister 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) 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 members of the National Assembly.
… (Sec. 52)

Government

English

(1) There shall be for Saint Christopher and Nevis a Cabinet of Ministers which shall consist of the Prime Minister and the other Ministers.

(3) The functions of the Cabinet shall be to advise the Governor-General in the government of Saint Christopher and Nevis and the Cabinet shall be collectively responsible to the National Assembly for any advice given to the Governor-General by or under the general authority of the Cabinet and for all things done by or under the authority of any Minister in the execution of his or her office.
… (Sec. 53)

Legislature

English

There shall be for Saint Christopher and Nevis a Parliament which shall consist of Her Majesty and a National Assembly. (Sec. 25)

Legislature

English

Subject to section 28, a person shall be qualified to be elected or appointed as a member of the National Assembly if, and shall not be so qualified unless, he or she is a citizen of the age of twenty-one years or upwards and he or she or one of his or her parents was born in Saint Christopher and Nevis and he or she is domiciled there at the date of his or her nomination for election or his or her appointment, as the case may be. (Sec. 27)

Legislature

English

(1) Each of the constituencies established in accordance with the provisions of section 50 of this Constitution shall return one Representative to the National Assembly who shall be directly elected in such manner as may, subject to the provisions of this Constitution, be prescribed by or under any law enacted by Parliament.
… (Sec. 29)

Legislature

English

(1) Of the Senators
(a) one-third of their number (excluding any Senator who holds the office of Attorney-General) shall be appointed by the Governor-General, acting in accordance with the advice of the Leader of the Opposition; and
(b) the others shall be appointed by the Governor-General, acting in accordance with the advice of the Prime Minister.
… (Sec. 30)

Legislature

English

(1) Subject to the provisions of this Constitution, Parliament may make laws for the peace, order and good government of Saint Christopher and Nevis.
… (Sec. 37)

Property, Inheritance and Land Tenure

English

Whereas every person in Saint Christopher and Nevis is entitled to the fundamental rights and freedoms, that is to say, the right, whatever his or her race, place of origin, birth, 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 his or her personal privacy, the privacy of his or her home and other property and from deprivation of property without compensation,
… (Sec. 3)

Property, Inheritance and Land Tenure

English

(1) Subject to subsections (4), (5) and (7), 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, birth out of wedlock, political opinions or affiliations, colour, sex or creed 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) shall not apply to any law so far as that law makes provision

(c) for the application, in the case of persons of any such description as is mentioned in subsection (3) (or of persons connected with such persons) of the law with respect to adoption, marriage, divorce, burial, devolution of property on death or other like matters that is the personal law of persons of that description;
… (Sec. 15)

Property, Inheritance and Land Tenure

English


(15) Land and buildings other than land and buildings vested in the Crown and specifically appropriated to the use of the Government, including holding of land by persons who are not citizens.
… (Schedule 5 - Legislative Powers, Part 1 - Matters with respect to which the Nevis Island Legislature has exclusive power to make laws)

Protection from Violence

English

Whereas every person in Saint Christopher and Nevis is entitled to the fundamental rights and freedoms, that is to say, the right, whatever his or her race, place of origin, birth, 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, equality before the law and the protection of the law;
… (Sec. 3)

Protection from Violence

English

(1) A person shall not be held in slavery or servitude.
(2) No person shall be required to perform forced labour.
… (Sec. 6)

Protection from Violence

English

A person shall not be subjected to torture or to inhuman degrading punishment or other like treatment. (Sec. 7)

Public Institutions and Services

English

WHEREAS the People of Saint Christopher and Nevis

(d) desire the creation of a climate of economic wellbeing in the context of respect for law and order; and
… (Preamble)

Public Institutions and Services

English

(1) The law to be applied with respect to any pension benefits that were granted to any person at any time before 19th September 1983 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 members of the National Assembly, 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. 88)

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, compensation, 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. 89)

Status of the Constitution

English

This Constitution is the supreme law of Saint Christopher and Nevis 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. 2)

Customary Law

English

(1) Subject to subsections (4), (5) and (7), 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, birth out of wedlock, political opinions or affiliations, colour, sex or creed 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) shall not apply to any law so far as that law makes provision

(c) for the application, in the case of persons of any such description as is mentioned in subsection (3) (or of persons connected with such persons) of the law with respect to adoption, marriage, divorce, burial, devolution of property on death or other like matters that is the personal law of persons of that description;
… (Sec. 15)

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Links to all sites last visited 31 March 2021

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Chapter II on Protection of Fundamental Rights and Freedoms.

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The Nevis Island Administration.

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The Nevis Island Administration.

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Chapter II on Protection of Fundamental Rights and Freedoms.