Leslie Massey
The Constitution of Antigua and Barbuda is the supreme law of the country. It came into effect in 1981, superseding the Antigua Constitution and Elections Order and the Constitution of the Associated State of Antigua. The Constitution establishes the legal foundation for the Antigua and Barbuda government, as well as the rights and obligations of the general public and other public servants. It is a unitary sovereign democratic state, with its territory consisting of the islands of Antigua, Barbuda, and Redonda, as well as other areas that were part of Antigua as of October 31, 1981, and any additional areas added by legislative act.
The Constitution guarantees fundamental rights and freedoms for all individuals in Antigua and Barbuda, regardless of race, national origin, political opinions, colour, creed, or sex. It ensures protection of life, liberty, security, property, and the law. It also establishes the office of the Governor-General, the Parliament, and the House of Representatives. The Constitution outlines the process for appointing Senators and members of the House, as well as the role of the Governor-General in appointing the Prime Minister.
The Constitution also addresses the Consolidated Fund, where all revenues and funds raised by Antigua and Barbuda are deposited. It establishes the Public Service Commission and outlines the nationality law. Additionally, it provides a path for individuals to seek redress if they believe their rights have been violated.
The Constitution of Antigua and Barbuda is a comprehensive document that outlines the country's governance, rights, and obligations, ensuring a democratic framework for the nation.
| Characteristics | Values |
|---|---|
| Date of Constitution | 1981 |
| Country | Antigua and Barbuda |
| Type of State | Unitary sovereign democratic state |
| Territory | The islands of Antigua, Barbuda, and Redonda |
| Highest Law | The Constitution |
| Rights | Life, liberty, security of the person, the enjoyment of property and the protection of the law; freedom of conscience, of expression (including freedom of the press) and of peaceful assembly and association; protection for family life, personal privacy, the privacy of the home and other property and from deprivation of property without fair compensation |
| Governor-General | Appointed by the head of state |
| Parliament | Consists of His Majesty, a Senate, and a House of Representatives |
| Consolidated Fund | All revenues and other funds raised or received by Antigua and Barbuda must be deposited into and form a Consolidated Fund |
| Public Service Commission | Established with a chairman and two to six other members appointed by the Governor-General, acting on the Prime Minister's advice |
| Nationality Law | From November 1, 1981, an individual will only be considered a citizen of Antigua and Barbuda for the purposes of any legislation |
| High Court | Any person who claims that any provision of the Constitution has been or is being violated may, if he has a relevant interest, apply to the High Court for a declaration and for relief under this section |
| Barbuda Council | N/A |
| Miscellaneous | N/A |
What You'll Learn
- The Constitution of Antigua and Barbuda is the supreme law of the country
- The Constitution lays out the legal foundation for the Antigua and Barbuda government
- The Constitution also outlines the rights and obligations of the general public and other public servants
- The Constitution of Antigua and Barbuda went into effect in 1981
- The Constitution of Antigua and Barbuda is a unitary sovereign democratic state
The Constitution of Antigua and Barbuda is the supreme law of the country
The Constitution's Chapters
The Constitution is divided into several chapters, each covering different aspects of governance and law. Here is a summary of each chapter:
Chapter I: The State and the Constitution
This chapter establishes that Antigua and Barbuda is a unitary sovereign democratic state. It also asserts that the Constitution is the highest law of the land, taking precedence over any other laws that may conflict with it.
Chapter II: Protection of Fundamental Rights and Freedoms of the Individual
This chapter acts as a bill of rights for the people of Antigua and Barbuda. It guarantees fundamental freedoms and rights, including the right to life, liberty, security, and property, regardless of race, national origin, political opinions, colour, creed, or sexual orientation. It also prohibits slavery and forced labour.
Chapter III: The Governor-General
This chapter regulates the office of the Governor-General, who is the head of state's representative in Antigua and Barbuda. It outlines the process for appointing the Governor-General and their duties, as well as the position of Deputy Governor-General.
Chapter IV: Parliament
This chapter establishes the Parliament of Antigua and Barbuda, which consists of His Majesty, a Senate, and a House of Representatives. It details the composition of the Senate and the House, as well as the process for electing members.
Chapter V: Executive Powers
This chapter confirms that His Majesty is the executive authority of Antigua and Barbuda. It also states that the Governor-General may exercise executive authority on behalf of His Majesty, either directly or through subordinate officers. This chapter is significant as it specifies that the Governor-General will appoint the Prime Minister.
Chapter VI: Finance and Revenue
This chapter stipulates that all revenues and funds raised by Antigua and Barbuda must be deposited into a Consolidated Fund. It outlines the conditions under which money can be withdrawn from this fund and emphasises the importance of parliamentary authorisation for expenditure.
Chapter VII: The Public Service Commission
This chapter establishes the Public Service Commission for Antigua and Barbuda. It outlines the commission's composition and appointment process, with the Governor-General acting on the Prime Minister's advice. The commission is responsible for matters related to public service appointments, promotions, and disciplinary control.
Chapter VIII: Citizenship
This chapter covers the nationality law of Antigua and Barbuda, specifying who is considered a citizen as of November 1, 1981. It also includes provisions for acquiring citizenship by registration.
Chapter IX: Judicial Provisions
This chapter outlines the process for addressing alleged violations of the Constitution (except Chapter II). It establishes the High Court's jurisdiction and the right of individuals to apply for a declaration and relief if they have a relevant interest.
Chapter X: Miscellaneous
This final chapter covers a range of miscellaneous matters, including the Barbuda Council, resignations, reappointments, concurrent appointments, and interpretations of the Constitution.
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The Constitution lays out the legal foundation for the Antigua and Barbuda government
The Constitution of Antigua and Barbuda, which came into effect in 1981, is the supreme law that governs the country. It lays out the legal foundation for the Antigua and Barbuda government as well as the rights and obligations of the general public and other public servants. The Constitution establishes the country as a unitary sovereign democratic state, with the islands of Antigua, Barbuda, and Redonda as its territory. It also sets out the rights and freedoms of individuals in the country, including protection from slavery, inhuman treatment, and deprivation of property, among others.
The Constitution establishes a parliamentary system with a House of Representatives and a Senate, with the Queen as the head of state. It outlines the process for electing members of Parliament and defines the roles of the Governor-General, Prime Minister, and other key positions. It also addresses the executive authority of the country and the powers of the Governor-General and Parliament.
The Constitution guarantees certain economic and social rights, such as the right to adequate means of livelihood and protection from inhumane working conditions. It also ensures freedom of speech, assembly, and association. Additionally, it establishes an independent judiciary, with provisions for the High Court and Court of Appeal, and outlines the process for interpreting and amending the Constitution.
The Constitution of Antigua and Barbuda is a comprehensive document that provides the legal and governmental framework for the country, protecting the rights of its citizens and ensuring a democratic system of governance.
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The Constitution also outlines the rights and obligations of the general public and other public servants
The Constitution of Antigua and Barbuda is the supreme law that governs the country. In effect since 1981, it establishes the legal foundation for the country's government and outlines the rights and obligations of both the general public and public servants.
The Constitution of Antigua and Barbuda recognises the country as a unitary sovereign democratic state, comprising the islands of Antigua, Barbuda, and Redonda, as well as other areas declared by Act of Parliament. It guarantees the freedom of movement for individuals within the country, including the right to reside, enter, and leave the country, with immunity from expulsion. It also protects individuals from inhumane treatment, prohibiting torture, degrading punishment, or any other treatment that violates human dignity.
The Constitution ensures the independence and impartiality of the judiciary in determining civil rights and obligations. It mandates that all court proceedings and hearings for determining civil rights or obligations be held in public, ensuring transparency and fairness.
Additionally, the Constitution addresses revenues and public funds. It establishes a Consolidated Fund, outlining the conditions for depositing and withdrawing monies from this fund. This includes meeting expenditures charged under the Constitution or by laws enacted by Parliament, as well as authorisations through appropriation laws or laws under Section 93 of the Constitution.
The Constitution of Antigua and Barbuda also covers international law, addressing offences related to mutiny and incitement, as well as the country's rights and obligations under international law.
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The Constitution of Antigua and Barbuda went into effect in 1981
The Constitution of Antigua and Barbuda came into effect on 1 November 1981. It is the supreme law of the country and lays out the legal foundation for the Antigua and Barbuda government as well as the rights and obligations of the general public and other public servants. The Constitution superseded the Antigua Constitution and Elections Order, as well as the Constitution of the Associated State of Antigua.
The Constitution was drafted at the Antigua Constitutional Conference, which took place from 28 February to 25 March 1966, and later debated in the Antiguan Parliament in July 1980. A second constitutional conference was held at Lancaster House from 4 to 16 December 1980. The Antiguan and Barbudan delegation in the second conference was composed of thirty politicians, lawyers, and trade unionists. On 23 April 1981, a resolution approving the second conference's draft passed the House of Representatives, and on 1 May 1981, the resolution passed the Senate.
The Constitution establishes that Antigua and Barbuda is a unitary sovereign democratic state, with its territory consisting of the islands of Antigua, Barbuda, and Redonda, as well as all other areas that made up Antigua as of 31 October 1981. It also sets out the rights and freedoms of the individual, including the right to life, liberty, security, and protection from slavery and inhuman treatment.
The Constitution also defines the office of the Governor-General, who represents the head of state in Antigua and Barbuda, and establishes a Parliament that will be made up of His Majesty, a Senate, and a House of Representatives. It further stipulates that all revenues and other funds raised or received by Antigua and Barbuda must be deposited into and form a Consolidated Fund.
The Constitution also includes provisions for citizenship, the judiciary, and miscellaneous matters such as the Barbuda Council and resignations.
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The Constitution of Antigua and Barbuda is a unitary sovereign democratic state
The constitution establishes that Antigua and Barbuda is a unitary sovereign democratic state, with its territory consisting of the islands of Antigua, Barbuda, and Redonda, as well as all other areas that made up Antigua as of October 31, 1981, and any additional areas that may be added by act of the legislature. It also establishes the rights and freedoms of the individual, including the right to life, liberty, security, and protection from slavery and inhuman treatment.
The constitution also regulates the office of the Governor-General, who is appointed by the head of state and represents them in Antigua and Barbuda. It establishes a Parliament, consisting of the House of Representatives and the Senate, and confirms that the executive authority of the country is held by His Majesty. Additionally, it stipulates that all revenues and funds raised by Antigua and Barbuda must be deposited into a Consolidated Fund and can only be used for specific purposes.
The constitution also includes provisions for citizenship, the judiciary, and miscellaneous matters such as the Barbuda Council and resignations. It provides a framework for the country's democratic society and guarantees the rights and freedoms of its citizens.
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Frequently asked questions
The Constitution of Antigua and Barbuda is the supreme law that governs the country. It lays out the legal foundation for the Antigua and Barbuda government as well as the rights and obligations of the general public and other public servants.
Everyone in Antigua and Barbuda is entitled to the fundamental rights and freedoms of the individual, regardless of race, national origin, political opinions or affiliations, color of skin, creed, or sexual orientation. This includes the right to life, liberty, security of the person, the enjoyment of property and the protection of the law, freedom of conscience, of expression, and of peaceful assembly and association, and protection for family life, personal privacy, the privacy of the home and other property, and from deprivation of property without fair compensation.
From November 1, 1981, onwards, an individual will only be considered a citizen of Antigua and Barbuda for the purposes of any legislation. The following persons shall become citizens:
- Every person who, having been born in Antigua, was on 31st October 1981, a citizen of the United Kingdom and Colonies.
- Every person born outside Antigua if either of their parents or any one of their grandparents was born therein or was registered or naturalised while resident in Antigua.
- Every person who on 31st October 1981 was a citizen of the United Kingdom and Colonies.
- Every person who, having been born outside Antigua was on 31st October 1981 a citizen of the United Kingdom and Colonies and if their father or mother becomes, or would but for their death or the renunciation of their citizenship of the United Kingdom and Colonies have become, a citizen.
- Every woman who, having been married to a person who becomes, or but for their death or the renunciation of their citizenship of the United Kingdom and Colonies, would have become a citizen.
- Every person who on 31st October 1981 was under the age of eighteen years and is the child, stepchild, or child adopted in a manner recognised by law, of such a person as is mentioned above.
