The Global Gender Equality Constitutional Database is a repository of gender equality related provisions in 194 constitutions from around the world. The Database was updated in partnership with the International Bar Association's Human Rights Institute (IBAHRI) and with support from the Swedish International Development Agency (SIDA) and the Government of Japan. Experience its wealth and depth of information by starting your search now.
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)
(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)
(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 I3) 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)
(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)
(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)
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)
(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 7th February 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 7th February 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)
(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(2) 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)
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)
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)