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1. Доминика — Содружество Доминики......................................................................2
2. Доминиканская Республика — Доминиканская Республика...............................53
3. Египет — Арабская Республика Египет.................................................................73
4. Замбия — Республика Замбия...............................................................................108
5. Зимбабве — Республика Зимбабве.......................................................................158
6. Израиль — Государство Израиль..........................................................................245
7. Индия — Республика Индия..................................................................................344

THE CONSTITUTION OF THE COMMONWEALTH OF DOMINICA Enacted as SChedule I to the Commonwealth of Dominica Constitution Order 1978 (S.I. 1978 No. 1027 (U.K.» Amended by S.I. 1978 No. 1521 (U.K.) 90f1983 *21 of 1984 22of1984 (*See Note on page 2) Current Authorised Pages Pages AuJhorised (inclusive) by L.R.O. 1·111 111991 L.R.O.1I1991 2 The Constitution ofDominica Note on the Constitution and on Constitutional Instruments The Constitution is the Supreme law of the Commonwealth of Dominica and is published as the first law in the Revised Edition of the Laws without reference to a Chapter number. The Constitution (as originally published) is set out in Schedule 1 to the Commonwealth of Dominica Constitution Order 1978. (5.1. 1978 No. 1027 (U.K.)). This Order is made under the West Indies Act (1967 c.4) (U.K.). Other Orders of a constitutional nature made under the West Indies Act 1967, namely ­ (a) The Dominica Modification of Enactments Order (S.1. 1978 No. 1030); and (b) The Dominica Termination of Association Order (S.1. 1978 No. 1031); and also other Constitutional Instruments made by Order in Council and other Applied Acts are published in the Appendix to the Revised Laws. Note on Subsidiary Legislation made under the Constitution The Order to which the Constitution is set out (i.e. the Commonwealth of Dominica Constitution Order 1978 - (5.1. 1978 No. 1027)). Schedule 2 to that Order and all Subsidi~y Legislation made under the Constitution are published under Chapter 1: 01. Note on Act No. 21 of 1984 Act No. 21 of 1984 has impliedly amended section 88(11) of the Constitution by prescribing the age at which the Director of Public Prosecutions shall vacate his office to be sixty-five years. The Constitution ofDominica 3 THE CONSTITUTION OF THE COMMONWEALTH OF DOMINICA ARRANGEMENT OF SECfrONS CHAPTER I PROTECTION OF FUNDAMENTAL RIGHTS AND FREEDOMS SECTION 1. Fundamental rights and freedoms. 2. Protection of right to life. 3. Protection of right to personal liberty. 4. Protection from slavery and forced labour. 5. Protection from inhuman treatment. 6. Protection from deprivation of property. 7. Protection from arbitrary search or entry. 8. Provisions to secure protection oflaw. 9. Protection of freedom of conscience. 10. Protection of freedom of expression. 11. Protection of freedom of assembly and association. 12. Protection of freedom of movement. 13. Protection from discrimination on the grounds of race, etc. 14. Derogations from s.3 or s.13 under emergency powers. 15. Protection of persons detained under emergency laws. 16. Enforcement of protective provisions. 17. Interpretation and savings. CHAPTER II THE PRESIDENT 18. Establishment of office. 19. Election. 20. Qualifications for office nomination. 21. Disqualifications for election and holding office. 22. Determination of questions as to qualifications. 23. Tenure of office. 24. Removal from office. L.R.O.1I199J 4 The Constitution ofDominica SECI10N 25. 26. 27. 28. 29. 30. 31. 32. 33. 34. 35. 36. 37. 38. 39. 40. 41. 42. 43. 44. 45. 46. 47. 48. Procedure for removal from office. Oath. Protection in respect oflegal proceedings. Acting President. CHAPTERm PARLIAMENT PART I Establishment ofParliament Composition. Composition of House of Assembly. Qualifications for Representatives and Senators. Disqualifications for Representatives and Senators. Election of Representatives. Appointment or election of Senators. Tenure of office of Representatives and Senators. Speaker. Deputy Speaker. Responsibility for elections. Clerk of House and his staff. Determination of questions of membership. PART 2 Legislation and Procedure ofParliament Powerto make laws. Alteration of Constitution and Supreme Court Order. Freedom of speech. Oath by members. Presiding. Voting. Effect of vacancies, etc. Penalty for sitting if unqualified. The Constitution ofDominica 5 SECTION 49. Mode of exercise of legislative power. 50. Restrictions with regard to certain financial measures. 51. Scrutiny of electoral legislation. 52. Regulation of procedure in House. PART 3 Summoning, Prorogation and Dissolution 53. Sessions. 54. Prorogation and dissolution. 55. Holding of elections. PART 4 Constituency Boundaries and Electoral Commissions 56. Constituency Boundaries Commission and Electoral Com­ mission. PART 5 Delimitation of Constituencies 57. Review of constituency boundaries. CHAPTER IV THE EXECUTIVE 58. Executive authority of Dominica. 59. Ministers of the Government. 60. Cabinet of Ministers. 61. Allocation of portfolios to Ministers. L.R.O.1I199J 6 SECTION 62. 63. 64. 65. 66. 67. 68. 69. 70. 71. 72. 73. 74. 75. 76. 77. 78. 79. 80. 81. 82. 83. 84. 85. The Constitution ofDominica Perfonnance of functions of Ministers during absence or illness. Exercise of President's functions. President to be infonned concerning matters of government. Oaths to be taken by Ministers, etc. Leader of the Opposition. Parliamentary Secretaries. Pennanent Secretaries. Secretary to the Cabinet. Constitution of offices, etc. Attorney General. Control of public prosecutions. Prerogative of mercy. Advisory Committee on Prerogative of Mercy. Functions of Advisory Committee. CHAPTER V FINANCE Consolidated Fund. Withdrawals from Consolidated Fund or other public funds. Authorisation of expenditure from Consolidated Fund by appropriation law. Authorisation of expenditure in advance of appropriation. Contingencies Fund. Remuneration of certain officers. Public debt. Audit of public accounts, etc. CHAPTER VI THE PUBLIC SERVICE PART I The Public Service Commission Public Service Commission. Appointtnent, etc., of public officers. The Constitution ofDominica SECTION PART 2 Appointment, etc., to particular offices 86. Appointment, etc., ofPenn anent Secretaries and certain other officers. 87. Chief Elections Officer. 88. Director of Public Prosecutions. 89. Director of Audit. 90. Appointment, etc., of Magistrates, Registrars and legal officers. PART 3 The Police 91. Police Service Commission. 92. Appointment, etc., of pOlice officers. PART 4 The Public Service Board ofAppeal 93. Public Service Board of Appeal. 94. Appeals in discipline cases. PARTS Pensions 95. Pensions laws and protection of pensions rights. 96. Power to withhold pensions, etc. CHAPTER VII CITIZENSHIP 97. Persons who become citizens on 3rd November 1978. 98. Persons born in Dominica on or after 3rd November 1978. LR.O.1Il99J The Constitution ofDominica SECTION 99. Persons born outside Dominica on or after 3rd November 1975. 100. Registration. 101. Acquisition, deprivation and renunciation. 102. Interpretation. CHAPTER VIII JUDICIAL PROVISIONS 103. Original jurisdiction of High Court in constitutional questions. 104. Reference of constitutional questions to High Court. 105. Appeals to Court of Appeal. 106. Appeals to the Judicial Committee. 107. Interpretation. CHAPTER IX PARLIAMENTARY COMMISSIONER lOS. Appointment, etc., of Commissioner. 109. Deputy Parliamentary Commissioner. 110. Functions of Commissioner. 111. Restrictions on matters for investigation. 112. Discretion of Commissioner. 113. Report on investigation. 114. Power to obtain evidence. 115. Prescribed matters concerning Commissioner. CHAPTER X MISCELLANEOUS 116. Declaration of republic. 117. Supreme law. lIS. Functions of President. 119. Resignations. 120. Re-appointment and concurrent appointments. 121. Interpretation. The Constitution ofDominica 9 SCHEDULE 1 Alteration of Constitution and Supreme Court Order PART! Provisions ofConstitution referred to in section 42(2) PART II Provisions ofSupreme Court Order referred to in section 42(2) SCHEDULE 2 Rules concerning constituencies SCHEDULE 3 Matters not subject to investigation by Parliamentary Commissioner L.R.o. J! l991 10 The Constitution ofDominica FWldamental rights and freedoms. THE CONSTITUTION OF THE COMMONWEALTH OF DOMINICA WHEREAS the People of Dominica ­ (a) have affinned that the Commonwealth of Dominica is founded upon principles that acknowledge the supremacy ofGod, faith in fundamental human rights and freedoms, the position of the family in a society of free men and free institutions, the dignity of the human person, and the equal and inalienable rights with which all members of the human family are endowed by their Creator; (b) respect the principles of social justice and therefore believe that the operation of the economic system should result in so distributing the material resources ofthe community as to subserve the common good, that there should be adequate means of livelihood for all, that labour should not be exploited or forced by economic necessity to operate in inhumane conditions but that there should be opportunity for advancement on the basis of recognition ofmerit, ability and integrity; (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; (d) recognise that men and institutions remain free only when freedom is founded upon respect for moral and spiritual values and the rule of law; (e) desire that their Constitution should make provision for ensuring the protection in the Commonwealth of Dominica of fundamental human rights and freedoms; NOW, THEREFORE, the following provisions shall have effect as the Constitution of the Commonwealth of Dominica: CHAPTER I PROTECTION OF FUNDAMENTAL RIGHTS AND FREEDOMS 1. Whereas every person in Dominica is entitled to the fundamental rights and freedoms, that is to say, the right, whatever his race, place oforigins, 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 The Constitution ofDominica 11 (a) life, liberty, security ofthe person and the protection of the law; (b) freedom of conscience, of expression and of assembly and association; and (c) protection for the privacy of his home and other property and from deprivation of property without compensation, the provisions of this Chapter shall have effect for the purpose of affording protection to those rights and freedoms subject to such limitations ofthat protection as are contained in those provisions, being limitations designed to ensure that the enjoyment ofthe said rights and freedoms by any person does not prejudice the rights and freedoms of others or the public interest. Protection of 2. (I) A person shall not be deprived ofhis life intentionally save right to life. in execution of the sentence of a court in respect of a criminal offence under the law of Dominica of which he has been convicted. (2) A person shall not be regarded as having been deprived of his live in contravention ofthis section ifhe dies as the result ofthe use, to such extent and in such circumstances as are permitted by law, of such force as is reasonably justifiable­ (a) for the defence of any person from violence or for the defence of property; (b) in order to effect a lawful arrest orto prevent the escape of a person lawfully detained; (c) for the purpose of suppressing a riot, insurrection or mutiny; or (d) in order to prevent the commission by that person of a criminal offence, or if he dies as the result of a lawful act of war. 3. (I) A person shall not be deprived of his personal liberty save Protection of as maybe authorised by law in any ofthe following cases, that is to say _ ~~~o personal (a) in consequence of his unfitness to plead to a criminal charge or in execution of the sentence or order of a court, whether established for Dominica or some other country, in respect of a criminal offence of which he has been convicted; (b) in execution ofthe order of the High Court or the Court of Appeal punishing him for contempt of the High • LR.O.1Il99J 12 The Constitution ofDominica Court or the Court of Appeal or of another court or tribunal; (c) in execution of the order of a court made to secure the fulfilment of any obligation imposed on him by law; (d) for the purpose of bringing him before a court in execution of the order of a court; (e) upon a reasonable suspicion of his having committed, or being about to commit, a criminal offence under the law of Dominica; (j) under the order of a court or with the consent of his parent or guardian, for his education or welfare during any period ending not later than the date when he attains the age of eighteen years; (g) for the purpose ofpreventing the spread ofan infectious or contagious disease; (h) in the caseofa person who is, oris reasonably suspected to be, ofunsound mind, addicted to drugs or alcohol, or a vagrant, forthe purpose ofhis care ortreatment or the protection of the community; (i) for the purpose of preventing his unlawful entry into Dominica, orfor the purpose ofeffecting his expulsion, extradition or other lawful removal from Dominica or for the purpose of restraining him while he is being conveyed through Dominica in the course ofhis extradition or removal as a convicted prisoner from one country to another, or (j) to such extent as may be necessary in the execution of a lawful order requiring him to remain within a specified area within Dominica, or prohibiting him from being within such an area, or to such extent as may be reasonably justifiable for the taking of proceedings against him with a view to the making ofany such order or relating to such an order after it has been made, or to such extent as may be reasonably justifiable for restraining him during any visit that he is pennitted to make to any part ofDominica in which, in consequence of any such order, his presence would otherwise be unlawful. The Constitution ofDominica 13 (2) Any person who is arrested or detained shall be informed as soon as is reasonably practicable and in any case no later than twentyfour hours after such arrest or detention, in a language that he understands, of the reasons for his arrest or detention. (3) Any person who is arrested or detained­ (a) for the purpose of bringing him before a court in execution of the order of a court; or (b) upon reasonable suspicion ofhis having committed, or being about to commit, a criminal offence under the law of Dominica, and who is not released, shall be brought before a court without undue delay and in any case not later than seventy-two hours after such arrest or detention. (4) Where any person is brought before a court in execution of the order of a court in any proceedings or upon suspicion ofhis having committed or being about to commit an offence, he shall not be thereafter further held in custody in connection with those proceedings or that offence save upon the order of a court. (5) If any person arrested or detained as mentioned in subsection (3)(b) of this section is not tried within a reasonable time, then, without prejudice to any further proceedings that may be brought against him, he shall be released either unconditionally orupon reasonable conditions, including in particular such conditions as are reasonably necessary to ensure that he appears at a later date for trial or for proceedings preliminary to trial. (6) Any person who is unlawfully arrested or detained by any other person shall be entitled to compensation therefor from that other person or from any other person or authority on whose behalf that other person was acting. (7) For the purposes of subsection (l)(a) of this section a person charged before a court with a criminal offence in respect of whom a special verdict has been returned that he was guilty of the act or omission charged but was insane when he did the act or made the omission shall be regarded as a person who has been convicted of a criminal offence and the detention of a person in consequence of such a verdict shall be regarded as detention in execution of the order of a court. LR.O.1! 199J 14 The Constitution ofDominica Protection from slavery and forced labour. Protection from inhwnan treabnenL Protection from deprivation of property. 4. (1) No person shall be held in slavery or servitude. (2) No person shall be required to perform forced labour. (3) For the purposes of this section, the expression " forced labour" does not include ­ (a) any labour required in consequence of the sentence or order of a court; (b) labour required of any person while he is lawfully detained that, though not required in consequence of the sentence ororderofa court, is reasonably necessary in the interests ofhygiene or for the maintenance ofthe place at which he is detained; (c) any labour required of a member of a disciplined force in pursuance of his duties as such or, in the case of a person who has conscientious objections to service as a member of a naval, military or air force, any labour that that person is required by law to perform in place of such service; (d) any labour required during any period of public emergency or in the event of any other emergency or calamity that threatens the life and well-being of the community, to the extent that the requiring of such labour is reasonably justifiable in the circumstances of any situation arising or existing during that period or as a result of that other emergency or calamity, for the purpose of dealing with that situation. S. No person shall be subjected to torture orto inhuman ordegrading punishment or other treatment. 6. (1) No property of any description shall be compulsorily taken possession of, and no interest in orright over property ofany description shall be compulsorily acquired, except where provision is made by a law applicable to that taking of possession or acquisition for the payment, within a reasonable time, of adequate compensation. (2) Every person having an interest in or right over property that is compulsorily taken possession of or whose interest in or right over any property is compulsorily acquired shall have a right of direct access to the High Court for­ The Constitution ofDominica 15 (a) determining the nature and extent of that interest or right; (b) determining whether that taking ofpossession or acquisition was duly carried out in accordance with a law authorising the taking of possession or acquisition; (c) determining what compensation he is entitled to under the law applicable to that taking of possession or acquisition; (d) obtaining that compensation: Provided that if Parliament so provides in relation to any matter referred to in paragraph (a) or (c) of this subsection the right of access shall be by way of appeal (exercisable as ofright at the instance of the person having the interest in or right over the property) from a tribunal or authority, other than the High Court, having jurisdiction under any law to determine that matter. (3) The Chief Justice may make rules with respect to the practice and procedure of the High Court or, subject to such provision as may have been made in that behalf by Parliament, with respect to the practice and procedure of any other tribunal or authority in relation to the jurisdiction conferred on the High Court by subsection (2) of this section or exercisable by the other tribunal or authority for the purposes ofthat subsection (including rules with respect to the time within which applications or appeals to the High Court or applications to the other tribunal or authority may be brought). (4) No. person who is entitled to compensation under this section shall be prevented from remitting, within a reasonable time after he has received any amount of that compensation in the form of a sum of money or, as the case may be, has received any such amount in some other form and has converted any ofthat amount into asum of money, the whole of that sum of money (free from any deduction, charge or tax made or levied in respect of its remission) to any country of his choice outside Dominica. (5) Nothing contained in or done under the authority ofany law shall be held to be inconsistent with or in contravention of subsection (4) of this section to the extent that the law in question authorises­ (a) the attachment, by order of a court, of any amount of compensation to which a person is entitled in satisfaction of the judgment of a court or pending the determination of civil proceedings to which he is a party; or L.R.O.1I1991 16 The Constitution ofDominica (b) the imposition of reasonable restrictions on the manner in which any sum of money is to be remitted. (6) Nothing contained in or done under the authority of any law shall be held to be inconsistent with or in contravention of subsection (l) of this section ­ (a) to the extent that the law in question makes provision for the taking of possession or acquisition of any property, interest or right­ (i) in satisfaction of any tax, rate or due; (ii) by way of penalty for breach of any law or forfeiture in consequence of breach of any law; (iii) as an incident of a lease, tenancy, mortgage, charge, bill of sale, pledge or contract; (iv) in the execution ofjudgments or orders of a court in proceedings for the determination ofcivil rights or obligations; (v) in circumstances where it is reasonably necessary so to do because the property is in a dangerous state or likely to be injurious to the health of human beings, animals or plants; (vi) in consequence of any law with respect to the limitation of actions; or (vii) for so long only as may be necessary for the purposes of any examination, investigation, trial or inquiry or, in the case ofland, for the purposes of the carrying out thereon of work ofsoil conservation or the conservation of other natural resources or work relating to agricultural development orimprovement (being work relating to such development or improvement that the owner or occupier of the land has been required, and has without reasonable excuse refused or failed, to carry out), and except so far as that provision or, as the case may be, the thing done under the authority thereof is shown not to be reasonably justifiable in a democratic society; or The Constitution ofDominica 17 (b) to the extent that the law in question makes provision for the taking ofpossession or acquisition of any ofthe following property (including an interest in or right over property), that is to say ­ (i) enemy property; (li) property of a deceased person, a person of unsound mind or a person who has not attained the age of eighteen years, for the purpose of its administration for the benefit of the persons entitled to the beneficial interest therein; (iii) property ofa person adjudged bankrupt or a body corporate in liqUidation, for the purpose of its administration for the benefit of the creditors of the bankrupt or body corporate and, subject thereto, for the benefit of other persons entitled to the beneficial interest in the property; or (iv) property subject to a trust, for the purpose of vesting the property in persons appointed as trustees under the instrument creating the trust or by a court or, by order of a court, for the purpose of giving effect to the trust. (7) Nothing contained in ordone under the authority ofany law enacted by Parliament shall be held to be inconsistent with or in contraventionofthis section to the extent that the law in question makes provision for the compulsory taking of possession of any property, or the compulsory acquisition of any interest in or right over property, where that property, interest or right is held by a body corporate established by law for public purposes in which no monies have been invested other than monies provided by any legislature established for Dominica. (8) In this section ­ " property" means any land or other thing capable of being owned or held in possession and includes any right relating thereto, whether under a contract, trust orlaw or otherwise and whether present or future, absolute or conditional;..acquisition", in relation to an interest in or right over property, means transferring that interest or right to another person or extinguishing or curtailing that interest or right. L.R.o.1! l99J 18 The Constitution ofDominica Protection from arbitrary search or entry. [U.K. S.l. 1978 No.1521J. Provisions to secure protection of law. 7. (1) Except with his own consent, a person shall not be subjected to the search of his person or his property or the entry by others on his premises. (2) Nothing contained in ordone under the authority ofany law shall be held to be inconsistent with or in contravention of this section to the extent that the law in question makes provision ­ (a) that is reasonably required in the interest of defence, public safety, public order, public morality, public health, town and country planning, the development and utilisation ofmineral resources or the development or utilisation of any property for a purpose beneficial to the community; (b) that is reasonably required for the purpose ofprotecting the rights or freedoms of other persons; (c) that authorises an officer or agent ofthe Government of Dominica, a local government authority or a body corporate established by law for public purposes to enter on the premises of any person in order to inspect those premises or anything thereon for the purpose of any tax, rate or due or in order to carry out work connected with any property that is lawfully on those premises and that belongs to the Government, authority or body corporate, as the case may be; or (d) that authorises, for the purpose of enforcing the judgment or order of a court in any civil proceedings, the search of any person or property by order of a court or entry upon any premises by such order, and except so far as that provision or, as the case may be, anything done under the authority thereof is shown not to be reasonably justifiable in a democratic society. 8. (1) If any person is charged with a criminal offence, then, unless the charge is withdrawn, the case shall be afforded a fair hearing within a reasonable time by an independent and impartial court established by law. (2) Every person who is charged with a criminal offence ­ (a) shall be presumed to be innocent until he is proved or has pleaded guilty; The Constitution ofDominica 19 (b) shall be infonned as soon as reasonably practicable, in a language that he understands and in detail, of the nature of the offence charged; (c) shall be given adequate time and facilities for the preparation of his defence; (d) shall be penni ned to defend himself before the court in person or, at his own expense, by a legal practitioner of his own choice; (e) shall be afforded facilities to examine in person or by his legal representative the wimesses called by the prosecution before the court, and to obtain the attendance and carry out the examination of wimesses to testify on his behalf before the court on the same conditions as those applying to wimesses called by the prosecution; and (f) shall be pennined to have without payment the assistance of an interpreter if he cannot understand the language used at the trial, and the trial shall not take place in his absence unless he so conducts himself as to render the continuance ofthe proceedings in his presence impracticable and the court has ordered him to be removed and the trial to proceed in his absence: Provided that the trial may take place in his absence in any case in which it is so provided by a law under which he is entitled to adequate notice of the charge and the date, time and place of the ttial and to a reasonable opportunity of appearing before the court. (3) When a person is tried for any criminal offence, the accused person or any person authorised by him in that behalf shall, if he so requires and subject to payment of such reasonable fee as may be prescribed by law, be given within a reasonable time after judgment a copy for the use ofthe accused person of any record ofthe proceedings made by or on behalf of the court. (4) No person shall be held to be guilty ofa criminal offence on account of any act or omission that did not, at the time it took place, constitute such an offence, and no penalty shall be imposed for any criminal offence that is severer in degree or description than the maximum penalty that might have been imposed for that offence at the time when it was committed. L.R.O.1I199J 20 The Constitution ofDominica (5) A person who shows that he has been tried by a competent court for a criminal offence and either convicted or acquitted shall not again be tried for that offence or for any other criminal offence ofwhich he could have been convicted at the trial for that offence. save upon the order of a superior court in the course of appeal or review proceedings relating to the conviction or acquittal. (6) A person shall not be tried for a criminal offence ifhe shows that he has been pardoned for that offence. (7) A person who is tried for a criminal offence shall not be compelled to give evidence at the trial: Provided that nothing in this subsection shall prevent the prosecution orthe court from commenting on his failure to give evidence on his own behalf or prevent the court from drawing inferences from any such failure. (8) Any court or other authority prescribed by law for the determination of the existence or extent of any civil right or obligation shall be established by law and shall be independent and impartial; and where proceedings for such a determination are instituted by any person before such a court or other authority. the case shall be given a fair hearing within a reasonable time. (9) Where the existence or extent ofany civil right orobligation has been determined in proceedings in any court or before any other authority any party to those proceedings shall. if he so requires and subject to payment ofsuch reasonable fee as may be prescribed by law. be entitled to obtain within a reasonable time after the judgment or other determination a copy of any record of the proceedings made by or on behalf of the court or other authority. (10) Except with the agreement of all the parties thereto. all proceedings of every court and proceedings for the determination of the existence or extent of any civil right or obligation before any other authority. including the announcement of the decision of the court or other authority. shall by held in public. (11) Nothing in subsection (10) of this section shall prevent the court or other adjudicating authority from excluding from the proceedings persons other than the parties thereto and the legal practitioner representing them to such extent as the court or other authority ­ The Constitution ofDominica 21 (a) may by law be empowered to do and may consider necessary or expedient in circumstances where publicity would prejudice the interests ofjustice or in interlocutory proceedings or in the interests of public morality, the welfare of persons under the age ofeighteen years or the protection of the private lives of persons concerned in the proceedings; or (b) may by law be empowered or required to do in the interests of defence, public safety or public order. (12) Nothing contained in or done under the authority ofany law shall be held to be inconsistent with or in contravention of­ (a) subsection (2)(a) of this section to the extent that the law in question imposes upon any person charged with a criminal offence the burden of proving particular facts; (b) subsection (2)(e) of this section to the extent that the law in question imposes reasonable conditions that must be satisfied if witnesses called to testify on behalf of an accused person are to be paid their expenses out of public funds; or (c) subsection (5) of this section to the extent that the law in question authorises a court to try a member of a disciplined force for a criminal offence notwithstanding any trial and conviction or acquittal ofthat member under the disciplinary law of that force, so, however, that any court so trying such a member and convicting him shall in sentencing him to any punishment take into account any punishment awarded him under that disciplinary law. (13) In the case of any person who is held in lawful detention the provisions of subsection (I), paragraphs (d) and (e) of subsection (2) and subsection (3) ofthis section shall not apply in relation to his trial for a criminal offence under the law regulating the discipline ofpersons held in such detention. (14) In this section " criminal offence" means a criminal offence under the law of Dominica. 9. (I) Except with his own consent, a person shall not be hindered i: tiontf in the enjoyment of his freedom of conscience, including freedom of coo, ci: ';: '. L.R.O.1! l99J 22 The Constitution ofDominica thought and of religion. freedom to change his religion or belief and freedom. either alone or in community with others. and both in public and in private. to manifest and propagate his religion or belief in worship. teaChing. practice and observance. (2) Except with his own consent (or. ifhe is a person under the age of eighteen years. the consent of his guardian) a person attending any place of education. detained in any prison or corrective institution orserving in a naval. military or air force shall not be required to receive religious instruction or to take part in or attend any religious ceremony or observance if that instruction. ceremony or observance relates to a religion which is not his own. (3) Every religious community shall be entitled. at its own expense. to establish and maintain places of education and to manage any place ofeducation which it maintains; and no such community shall be prevented from providing religious instruction for persons of that community in the course ofany education provided by that community whether or not it is in receipt of a government subsidy or other form of financial assistance designed to meet in whole orin part the cost ofsuch course of education. (4) A person shall not be compelled to take any oath which is contrary to his religion or belief or to take any oath in a manner which is contrary to his religion or belief. (5) Nothing contained in ordone under the authority ofany law shall be held to be inconsistent with or in contravention of this section to the e'Xtent that the law in question makes provision which is reasonably required ­ (a) in the interests of defence. public safety. public order. public morality or public health; (b) for the purpose ofprotecting the rights and freedoms of other persons. including the right to observe and practise any religion without the unsolicited intervention of members of any other religion; or (c) for the purpose of regulating educational institutions in the interests of the persons who receive or may receive instruction in them. and except so far as that provision or. as the case may be. the thing done under the authority thereof is shown not to be reasonably justifiable in a democratic society. The Constitution ofDominica 23 (6) References in this section to a religion shall be construed as including references to a religious denomination, and cognate expressions shall be construed accordingly. 10. (1) Except with his own consent, a person shall not be hindered in the enjoyment of his freedom of expression, including freedom to hold opinions without interference, freedom to receive ideas and information without interference, freedom to communicate ideas and information without interference (whether the communication be to the public generally OrlO any person or class ofpersons) and freedom from interference with his correspondence. (2) Nothing contained in ordone under the authority of any law shall be held to be inconsistent with or in contravention of this section to the extent that the law in question makes provision ­ (a) that is reasonably required in the interests of defence, public safety, public order, public morality or public health; (b) that is reasonably required for the purpose ofprotecting the reputations, rights and freedoms ofother persons or the private lives of persons concerned in legal proceedings, preventing the disclosure ofinformation received in confidence, maintaining the authority and independence of the courts or regulating the technical administration or the technical operation of telephony, telegraphy, posts, wireless broadcasting or television; or (c) that imposes restrictions upon public officers that are reasonably required forthe proper performance oftheir functions, and except so far as that provision or, as the case may be, the thing done under the authority thereof is shown not be reasonably justifiable in a democratic society. 11. (1) Except with his own consent, a person shall not be hindered in the enjoyment of his freedom of assembly and association, that is to say, his right to assemble freely and associate with other persons and in particular to form or belong to trade unions or other associations for the protection of his interests. (2) Nothing contained in ordone under the authority ofany law shall be held to be inconsistent with or in contravention of this section to the extent that the law in question makes proviSion ­ Protection of freedom of expression. Protection of freedom of assembly and association. L.R.O.1tl991 24 The Constitution ofDominica Protection of freedom of movement. [U.K. S.I. 1978 No. 1521J. (a) that is reasonably required in the interests of defence, public safety, public order, public morality or public health; (b) that is reasonably required for the purpose ofprotecting the rights or freedoms of other persons; or (c) that imposes restrictions upon public officers that are reasonably required for the proper performance oftheir functions, and except so far as that provision or, as the case may be, the thing done under the authority thereof is shown not to be reasonably justifiable in a democratic society. 12. (1) A person shall not be deprived ofhis freedom ofmovement that is to say, the right to move freely throughout Dominica, the right to reside in any part of Dominica, the right to enter Dominica, the right to leave Dominica and immunity from expulsion from Dominica. (2) Any restriction on a person's freedom of movement that is involved in his lawful detention shall not be held to be inconsistent with or in contravention of this section. (3) Nothing contained in or done under the authority ofany law shall be held to be inconsistent with or in contravention of this section to the extent that the law in question makes provision ­ (a) for the imposition of restrictions on the movement or residence within Dominica of any person or on any person's right to leave Dominica that are reasonably required in the interests of defence, public safety or public order; (b) for the imposition of restrictions on the movement or residence within Dominica or on the right to leave Dominica of persons generally or any class of persons in the interests of defence, public safety, public order, public morality or public health or, in respect of the right to leave Dominica, of securing compliance with any international obligation of the Government particulars of which have been laid before the House and except so far as that provision or, as the case may be, the thing done under the authority thereof is shown not to be reasonably justifiable in a democratic society; The Constitution ofDominica 25 (c) for the imposition ofrestrictions, by order ofa court, on the movement or residence within Dominica of any person or on any person's right to leave Dominica either in consequence of his having been found guilty of a criminal offence under the law ofDominica or for the purpose of ensuring that he appears before a court at a later date for trial of such a criminal offence or for proceedings preliminary to trial or for proceedings relating to his extradition or lawful removal from Dominica; (d) for the imposition of restrictions on the freedom of movement of any person who is not a citizen of Dominica; (e) for the imposition of restrictions on the acquisition or use by any person of land or other property in Dominica; (f) for the imposition ofrestrictions upon the movement or residence within Dominica or on the right to leave Dominica of any public officer that are reasonably required for the proper performance of his functions; (g) for the removal of a person from Dominica to be tried or punished in some other country for a criminal offence under the law of that other country or to undergo imprisonment in some other country in execution ofthe sentence of a court in respect of a criminal offence under the law of Dominica of which he has been convicted; or (h) for the imposition of restrictions on the right of any person to leave Dominica that are reasonably required in order to secure the fulfilment of any obligations imposed on that person by law and except so far as that provision or, as the case may be, the thing done uoder the authority thereof is shown not to be reasonably justifiable in a democratic society. (4) If any person whose freedom of movement has been restricted by virtue of such a provision as is referred to in subsection (3)(a) of this section so requests at any time during the period of that restriction not earlier than twenty-one days after the order was made or three months after he last made such a request, as the case may be, his L.R.O.1Il99J 26 The Constitution ofDominica Protection from discrimination on the grounds of race, etc. case shall be reviewed by an independent and impartial tribunal presided over by a person appointed by tbe Chief Justice from among persons who are legal practitioners. (5) On any review by a tribunal in pursuance of subsection (4) of tbis section of tbe case of any person whose freedom of movement has been restricted, tbe tribunal may make recommendations concerning tbe necessity or expediency oftbe continuation oftbat restriction to tbe autbority by whom it was ordered and, unless it is otberwise provided by law, tbat autbority shall be obliged to act in accordance witb any such recommendations. 13. (I) Subject to tbe provisions of subsections (4), (5) and (7) of this section, no law shall make any provision tbat is discriminatory eitber of itself or in its effect. (2) Subject to tbe provisions of subsections (6), (7) and (8) of tbis section, no person shall be treated in a discriminatory manner by any person or autbority. (3) In tbis section, the expression " discriminatory" means affording different treattnent to different persons attributable wholly or mainly to tbeir respective descriptions by sex, race, place of origin, political opinions, colour or creed whereby persons of one such description are subjected to disabilities or restrictions to which persons of anotber such description are not made subject or are accorded privileges or advantages which are not accorded to persons of anotber such description. (4) Subsection (I) oftbis section shall not apply to any law so far as tbat law makes proviSion ­ (a) for tbe appropriation of public revenues or otber public funds; (b) witb respect to persons who are not citizens of Dominica; (c) for tbe application, in tbe case of persons of any such description as is mentioned in subsection (3) of tbis section (or of persons connected witb such persons), of tbe law witb respect to adoption, marriage, divorce, burial, devolution of property on deatb or otber like matters which is tbe personal law of persons of tbat description; The Constitution ofDominica 27 (d) 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 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) of this section to the extent that it makes provision with respect to standards or qualifications (not being standards or qualifications specifically relating to sex. race. place of origin. political opinions. color or creed) to be required ofany person who is appointed to or to act in any office or employment. (6) Subsection (2) of this section shall not apply to anything which is expressly orby necessary implication authorised to be done by any such provision of law as is referred to in subsection (4) or subsection (5) of this section. (7) Nothing contained in ordone under the authority ofany law shall be held to be inconsistent with or in contravention of this section to the extent that the law in question makes provision whereby persons ofany such description as is mentioned in subsection (3) ofthis section may be subjected to any restriction on the rights and freedoms guaranteed by sections 7. 9. 10. 11 and 12 of this Constitution, being such a restriction as is authorised by section 7(2). section 9(5). section 10(2). section 11(2) or paragraph (a), (b) or (h) of section 12(3), as the case maybe. (8) Nothing in subsection (2) ofthis section shall affect any discretion relating to the institution, conduct or discontinuance of civil or criminal proceedings in any court that is vested in any person by or under this Constitution or any other law. 14. Nothing contained in or done under the authority of a law Derogatioos from enacted by Parliament shall be held to be inconsistent with or in:!:: g: ~~/nder contravention ofsection 3 orsection 13 ofthis Constitution to the extent powers. 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 Dominica during that period. 15. (1) When a person is detained by virtue of any such law as is Protectioo of referred to in section 14 of this Constitution the following proviSions r.~:; ~~~: '~y shall apply, that is to say - laws. L.R.O.111991 28 The Constitution ofDominica Enforcement of protective provisions. (a) he shall, as soon as reasonably practicable and in any case not more than seven days after the commencement of his detention, be furnished with a statement in writing in a language that he understands specifying in detail the grounds upon which he is detained; (b) not more than fourteen days after the commencement of his detention, a notification shall be published in the Official Gazette stating that he has been detained and giving particulars of the provision oflaw under which his detention is authorised; (c) not more than one month after the commencement of his detention and thereafter during his detention at intervals of not more than three months, his case shall be reviewed by an independent and impartial tribunal established by law and presided over by a person appOinted by the Chief Justice from among persons who are legal practitioners; (d) he shall be afforded reasonable facilities to consult a legal practitioner of his own choice who shall be permitted to make representations to the tribunal appointed for the review of the case of the detained person; and (e) at the hearing of his case by the tribunal appointed for the review ofhis case he shall be permitted to appear in person Orlo be represented by a legal practitioner ofhis own choice. (2) On any review by a tribunal in pursuance ofthis section of the case of a detained person, the tribunal may make recommendations concerning the necessity or expediency of continuing his detention to the authority by which it was ordered but, unless it is otherwise provided bylaw, that authority shall not be obliged to act in accordance with any such recommendations. (3) Nothing contained in subsection (1)(d) or subsection (1)(e) ofthis section shall be construed as entitling a person to legal representation at public expense. 16. (I) If any person alleges that any of the provisions of sections 2 to 15 (inclusive) of this Constitution has been, is being or is likely to be contravened in relation to him (or, in the case of a person who is The Constitution ofDominica 29 detained, if any other person alleges such a contravention in relation to the detained person), then, without prejudice to any other action with respect to the same matter which is lawfully available, that person (or that other person) may apply to the High Court for redress. (2) The High Court shall have original jurisdiction­ (a) to hear and determine any application made by any person in pursuance of subsection (1) of this section; and (b) to determine any question arising in the case of any person which is referred to itin pursuanceofsubsection (3) of this section, 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 2 to 15 (inclusive) of this Constitution: Provided that the High Court may decline to exercise its powers under this subsection ifit is satisfied that adequate means ofredress 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 ofthe provisions ofsections 2 to 15 (inclusive) ofthis Constitution, the person presiding in that court may, and shall if any party to the proceedings so requests, refer the question to the High Court unless, in his 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) of this section, the High Court shall give its decision upon the question and the court in which the question arose shall dispose of the case in accordance with that decision or, if that decision is the subject of an appeal to the Court of Appeal or to the Judicial Committee, in accordance with the decision of the Court of Appeal or, as the case may be, of the Judicial Committee. (5) The High Court shall have such powers in addition to those conferred by this section as may be conferred upon itby Parliament for the purpose of enabling it more effectively to exercise the jurisdiction conferred upon it by this section. L.R.O.1Il99J 30 The Constitution ofDominica Interpretation and savings. [U.K. S.I.1978 No. 1521J. (6) The Chief Justice may make rules with respect to the practice and procedure ofthe High Coun in relation to the jurisdiction and powers conferred on it by orunderthis section (including rules with respect to the time within which applications may be brought and references shall be made to the High Coun). 17. (I) In this Chapter, unless the context otherwise requires ­ " contravention", in relation to any requirement, includes a failure to comply with that requirement, and cognate expressions shall be construed accordingly; " coun" means any coun oflaw having jurisdiction in Dominica other than a coun established by a disciplinary law, and includes the Judicial Committee and in sections 2 and 4 ofthis Constitution a coun established by a disciplinary law; " disciplinary law" means a law regulating the discipline of any disciplined force; " disciplined force" means ­ (a) a naval, military or air force; (b) the Police Force; (c) a prison service; or (d) any such other force or service as may be prescribed by Parliament. " legal practitioner" means a person entitled to be in or to enter Do! Dinica and entitled to practise as a barrister in Dominica or, except in relation to proceedings before a coun in which a solicitor has no right of audience, entitled to practise as a solicitor in Dominica; " member", in relation to a disciplined force, includes any person who, under the law regulating the discipline ofthat force, is subject to that discipline. (2) In this Chapter " period of public emergency" means any period during which ­ (a) Dominica is engaged in any war; or (b) there is in force a proclamation by the President declaring that a state of public emergency exists; or (c) there is in force a resolution of the House supponed by the votes ofnot less than two-thirds ofall the members The Constitution ofDominica 31 of the House declaring that democratic institutions in Dominica are threatened by subversion. (3) A proclamation made by the President shall not be effective for the purposes of subsection (2) of this section unless it is declared therein that the President is satisfied ­ (a) that a public emergency has arisen as a result of the imminence of a state of war between Dominica and a foreign state or as a result of the occurrence of any earthquake, hurricane, flood, fire, outbreak of pestilence, outbreak of infectious disease or other calamity whether similar to the foregoing or not; or (b) that action has been taken or is immediately threatened by any person of such a nature and on so extensive a scale as to be likely to endanger the public safety or to deprive the community, or any substantial portion of the community, ofsupplies or services essential to life. (4) A proclamation made by the President for the purposes of this section ­ (a) shall, unless previously revoked, remain in force for twenty-one days or for such longer period, not exceeding six months, as the House may determine by a resolution supported by the votes ofa majority ofall the members of the House; (b) may be extended from time to time by a resolution of the House passed in like manner as is prescribed in paragraph (a) ofthis subsection for further periods, not exceeding in respect ofeach such extension a period of six months; and (c) may be revoked at any time by a resolution supported by the votes of a majority of all the members of the House. (5) A resolution passed by the House for the purposes of subsection (2) ofthis section may be revoked at any time by a resolution of the House supported by the votes of a majority of all the members thereof. (6) In relation to any person who is a member of a disciplined force of Dominica, nothing contained in or done under the authority of the disciplinary law of that force shall be held to be inconsistent with LR.O.1tI99/ 32 The Constitution ofDominica Establishment of office. Election. [22ofl984J. or in contravention of any of the provisions of this Chapter other than sections 2, 4 and 5 of this Constitution. (7) In relation to any person who is a member of a disciplined force of a country other than Dominica that is lawfully present in Dominica, nothing contained in or done under the authority of the disciplinary law of that force shall be held to be inconsistent with or in contravention of any of the provisions of this Chapter. CHAPTERll THE PRESIDENT 18. (I) There shall be a President ofDominica who shall be elected by the House and shall hold office for a term of five years. (2) The President shall have such functions as are prescribed by this Constitution and such additional functions (if any) as may be prescribed by Parliament: Provided that no such additional functions shall be conferred upon him without his consent signified by writing under his hand addressed to the Speaker. 19. (I) Whenever the office of President is vacant or the term of office ofthe President is due to expire within not more than ninety days, the Prime Minister shall consult with the Leader of the Opposition as to their joint nomination of a suitable candidate for election as President. (2) If the Prime Minister and the Leader of the Opposition submit to the Speaker by writing under their hands a joint nomination of a candidate for election as President to which that candidate has consented, the Speaker shall inform the House of the nomination, and declare that candidate to have been duly elected without putting the question to the vote. (3) If the Prime Minister is unable to agree with the Leader of the Opposition as to their joint nomination of a candidate for election as President, he shall notify the Speaker to that effect and the Speaker shall inform the House accordingly. (4) The Prime Minister or the Leader of the Opposition or any three members of the House may, during the period expiring fourteen The Constitution ofDominica 33 days after the day on which the House has been so infonned, submit to the Speaker by writing under their hands nominations of candidates for election as President and the Speaker.shall at the first meeting of the House after the expiration ofthat period and before the House proceeds to any other business infonn the House of the nominations he has received and to which the candidates concerned have consented. (S) An election of the President at which the candidates shall be those of whose nomination the House has been infonned by the Speaker, shall thereafter be held at the meeting of the House referred to in subsection (4) of this section (or if proceedings under section 22 of this Constitution are pending before the Court of Appeal, at a meeting of the House held as soon as is practicable after those proceedings) and the Speaker shall declare the candidate who has at that election received the votes of a majority of all the members of the House to have been duly elected: Provided that when the question of the election of the President is put to the vote, the votes shall be given by ballot in such manner as not to disclose how any particular member of the House votes. (SA) Where the only candidate for election under subsection (S) of this section does not receive the votes of a majority of all the members ofthe House, the Speaker shall infonn the House accordingly and a new election shall be held to which the provisions of subsections (4) and (S) of this section shall, mutatis mutandis, apply. (6) Where a person consents to be nominated for election as President he shall do so by writing under his hand addressed to the Speaker. (7) A person who has been declared to have been duly elected as President under this section shall assume office as such on the day after the day on which his predecessor vacates the office of President or, ifthat office is already vacant, he shall assume office on the day after the day on which he was declared to have been duly elected. 20. (I) A person shall be qualified to be nominated for election as Qualificati? ", for 'd 'f d hall not be so qua I I I·tied U h'.. f tioo. nl office nomma· PreSI ent I, an s ess, e IS a citizen 0 Dominica of the age of forty years or upwards who at the date of his [22 of 1984J. nomination has been resident in Dominica for five years immediately preceding his nomination. (2) For the purposes of subsection (I) of this section a person shall be deemed to reside in Dominica ifhe holds an office in the service L.R.O.1Il99J 34 The Constitution ofDominica Disqualifications for election and holding office. [U.K. S.I. 1978 No. 1521J. Detennination of questions as to qualifications. ofthe Government, or is employed with any intergovernmental organisation or institution of the Commonwealth Caribbean or any international organisation or institution of which Dominica is a member and lives outside Dominica because he is required to do so for the proper discharge of his functions. (3) Parliament may, by resolution supported by the votes ofnot less than three-founhs of all the elected members of the House waive the residence qualification laid down in subsection (I) of this section with respect to any particular person to be proposed for nomination. 21. (I) A person shall not be qualified to be elected as President if­ (a) he has already held the office ofPresident for two terms; or (b) he is disqualified to be elected or appointed as a Representative or Senator by virtue of subsection (I)(a), (b), (c), (d), (e) or(f) ofsection 32 ofthis Constitution or by virtue of any law enacted in pursuance of subsection (2), (3) or (5) of that section. (2) A person shall not be qualified to hold the office of Pres ident if he holds any other office of emolument whether in the public service or otherwise or if he is engaged in any other occupation for reward. 22. (I) The Court of Appeal shall have jurisdiction to hear and determine any question whether any person is qualified to be nominated for election, or elected, as President. (2) An application to the Court ofAppeal for the determination ofany question under this section may be made by the Attorney General or by any other member of the House and, if it is made by a member other than the Attorney General, the Attorney General may intervene and may then appear or be represented in the proceedings. (3) The powers, practice and procedure of the Court of Appeal in respect of any application for the determination of any question under this section, including (without prejudice to the generality ofthe foregoing) the time in which and the conditions upon which an application may be made, shall be regulated by such provision as may be made by Parliament. (4) No appeal shall lie from any decision ofthe Court ofAppeal under this section. The Constitution ofDominica 35 (5) A certificate under the hand of the Speaker stating that a person was declared to have been duly elected under section 19 of this Constitution shall be conclusive evidence ofthe fact so stated and shall not be questioned in any court of law. (6) In the exercise of his functions under this section, the Attorney General shall not be subject to the direction or control of any other person or authority. 23. (1) Subjectto the provisions ofthis section and ofsection 25 of Tenure of office. this Constitution, the President shall vacate his office at the expiration of a tenn of five years from the date on which he was declared to have been duly elected. (2) Where a person is elected to fill a vacancy in the office of President occurring before the expiration of the tenn of office of his predecessor he shall hold office only for the unexpired portion of that tenn. (3) Parliament may extend the tenn of office of the President under subsection (1) or (2) ofthis section for a period not exceeding six months, in order to avoid the holding of an election to the office of President during a period while Parliament is dissolved or at a time within one month before the beginning or one month after the end of such a period. 24. The President may be removed from office under section 25 of Removal from.. h office. thiS Constltutlon were ­ (a) he wilfully violates any provision of the Constitution; (b) he behaves in such a way as to bring his office into hatred, ridicule or contempt; (c) he behaves in a way that endangers the security of Dominica; (d) because of physical or mental incapacity, he is unable to perfonn the functions of his office; (e) any circumstances arise that, it he were not President, would cause him to be disqualified to be elected as such by virtue of subsection (1)(b) of section 21 of this Constitution; or (f) he is appointed to any such office, or engages in any such occupation, as is referred to in subsection (2) of that section. LR.O.1Il99J 36 The Constitution ofDominica Procedure for removal from office. Oath. Protection in respect of legal proceedings. 25. (I) The office of the President shall become vacant if ­ (a) the House (acting upon a motion signed by not less than one-third of all the members of the House) by resolution supported by the votes of not less than twothirds of all the members of the House proposes the removal of the President from office on grounds of complaint specified with full particulars in the resolution; (b) a tribunal consisting of the ChiefJustice and two other Judges of the Supreme Court appointed by the Chief Justice, being as far as practicable the most senior Judges, investigates the complaint and makes a report on the facts thereof to the House; and (c) the House, after considering the report, by resolution supported by the votes ofnot less than two-thirds ofall the members of the House declares that the President s