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The Global Gender Equality Constitutional Database is a repository of gender equality related provisions in 194 constitutions from around the world. Experience its wealth and depth of information by starting your search now.

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Jurisdiction and Access

Dominica, English

(1) Subject to the provisions of section 40(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).
(2) An Appeal shall lie from final decisions of the Public Service Board of Appeal to the Court of Appeal.
(3) The Chief Justice may make rules with respect to the practice and procedure of the Court of Appeal in relation to appeals from the Public Service Board of Appeal to the Court of Appeal. (Sec. 105)

Jurisdiction and Access

Dominica, English

(1) An appeal shall lie from decisions of the Court of Appeal to the Judicial Committee 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; and
… (Sec. 106)

Affirmative Action (Broadly)

Dominica, English

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

(3) In this section, the expression “discriminatory” means affording different treatment to different persons attributable wholly or mainly to their respective descriptions by sex, race, place of origin, political opinions, colour or creed whereby persons of one such description are subject 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 far as that law makes provision-

(d) whereby persons of any such description as is mentioned is subsection (3) of this section may be subject 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. 13)

Jurisdiction and Access

Dominica, English

(1) Where any question as to the interpretation of this Constitution arises in any court of law established for Dominica (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. 104)

Jurisdiction and Access

Dominica, English

(1) Subject to the provisions of sections 22(5), 38(6), 42(8), 57(7), 115(8), 118(3) and 121(10) of this Constitution, any person who alleges that any provision of this Constitution (other than a provision of Chapter I thereof) 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 thereof) 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 its considers appropriate, being a remedy available generally under the law of Dominica 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 40 of this Constitution. (Sec. 103)

Status of the Constitution

Dominica, English

This Constitution is the supreme law of Dominica 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. 117)

Public Institutions and Services

Dominica, 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. 96)

Public Institutions and Services

Dominica, English

(1) The law to be applied with respect to any pensions benefits that were granted to any person before the commencement of this Constitution 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 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. 95)

Participation in Public Life and Institutions

Dominica, English

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

(3) In this section, the expression “discriminatory” means affording different treatment to different persons attributable wholly or mainly to their respective descriptions by sex, race, place of origin, political opinions, colour or creed whereby persons of one such description are subject 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 contraventions subsection (1) of this section to the extent that it makes provision with respect to standards or qualifications (not being standards or qualifications specifically relation to sex, race, place of origin, political opinions, colour or creed) to be required of any person who is appointed to or to act in any office or employment.
… (Sec. 13)

Participation in Public Life and Institutions

Dominica, English

Whereas the People of Dominica—

(c) have asserted their belief in a democratic society in which all persons may, to the extent of their capacity, play some part in the institutions of the national life and thus develop and maintain due respect for lawfully-constituted authority; … (Preamble)