From: Thomson Fontaine [editor@thedominican.net]

Constitution of the Commonwealth of Dominica of 1978, updated through Act 22 of 1984.

A Public Service of TheDominican.Net

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1978 No. 1027

DOMINICA

The Commonwealth of Dominica Constitution Order 1978

Made	25th July 1978
Coming into Operation	3rd November 1978

At the Court at Buckingham Palace, the 25th day of July 1978

Present,

The Queen's Most Excellent Majesty in Council

Whereas the status of association of Dominica with the United Kingdom is to terminate on 3rd November 1978 and it is necessary to establish a new constitution for Dominica as a sovereign democratic republic within the Commonwealth styled the Commonwealth of Dominica:

And whereas the Associated State of Dominica has, by a resolution passed in the House of Assembly thereof on 12th July 1978, requested and consented to the making of this Order for that purpose:

Now, therefore, Her Majesty, by virtue and in exercise of the powers vested in Her in that behalf by section 5(4) of the West Indies Act 1967(a), is pleased, by and with the advice of Her Privy Council, to order, and it is hereby order, as follows: --

Citation and commencement.
1.

1. This Order may be cited as the Commonwealth of Dominica Constitution Order 1978.
2. This Order shall come into operation on 3rd November 1978:

Provided that paragraph 3(8) of Schedule 2 shall come into operation forthwith.

Revocations.
2. The Dominica Constitution Order 1976(b), the Dominica Constitution (Amendment) Order 1971(c) and the Constitution (Ministerial Provisions) (Amendment) Act, 1975(d), which made provision for the constitution of the Associated State of Dominica, are revoked.

Establishment of Constitution.
3. The Constitution of the Commonwealth of Dominica set out in Schedule 1 to this Order shall come into effect in Dominica at the commencement of this Order subject to the transitional provisions set out in Schedule 2 to this Order.

N. E. Leigh.
Clerk of the Privy Council.

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(a) 1967 c. 4. (b) S.I. 1967/226. (c) S.I. 1971/714. (d) Act No. 32 of 1975.

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WHEREAS the People of Dominica-

1. have affirmed that the Commonwealth of Dominica is founded upon principles that acknowledge the supremacy of God, 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;
2. respect the principles of social justice and therefore believe that the operation of the economic system should result in so distributing the material resources of the 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 of merit, ability and integrity;
3. have asserted their belief in a democratic society in which 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;
4. recognise that men and institutions remain free only when freedom is founded upon respect for moral and spiritual values and the rule of law;
5. 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 1
PROTECTION OF FUNDAMENTAL RIGHTS AND FREEDOMS

Fundamental rights and freedoms.
1. Whereas every person in Dominica is entitled to the fundamental rights and freedoms, that is to say, the rights whatever his race, place of origins, 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-

1. life, liberty, security of the person and the protection of the law;
2. freedom of conscience, of expression and of assembly and association; and
3. 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 of that protection as are contained in those provisions, being limitations designed to ensure that the enjoyment of the said rights and freedoms by any person does not prejudice the rights and freedoms of others of the public interest.

Protection of right to life.
2.-

1. A person shall not be deprived of his life intentionally save 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 life in contravention of this section if he dies as the result of the use, to such extent and in such circumstances as are permitted by law, of such force as is reasonably justifiable-
1. for the defence of any person from violence or for the defence of property;
2. in order to effect a lawful arrest or to prevent the escape of a person lawfully detained;
3. for the purpose of suppressing a riot, insurrection or mutiny; or
4. 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.

Protection of rights to personal liberty.
3.-

1. A person shall not be deprived of his personal liberty save as may be authorised by law in any of the following cases, that is to say:-
1. 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;
2. in execution of the order of the High Court or the Court of Appeal punishing him for contempt of the High Court or the Court of Appeal or of another court or tribunal;
3. in execution of the order of a court made to secure the fulfilment of any obligation imposed on him by law;
4. for the purpose of bringing him before a court in execution of the order of a court;
5. upon a reasonable suspicion of his having committed, to being about to commit, a criminal offence under the law of Dominica;
6. under the order of a court or with the consent of his parent or guardian, for his education or welfare during an period ending not later that the date when he attains the age of eighteen years;
7. for the purpose of preventing the spread of an infectious or contagious disease;
8. in the case of a person who is, or is reasonably suspected to be, of unsound mind, addicted to drugs or alcohol, or a vagrant, for the purpose of his care or treatment of the protection of the community;
9. for the purpose of preventing his unlawful entry into Dominica, or for purpose of effecting 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 of his extradition or removal as a convicted prisoner from one country to another; or
10. to such extent as may be necessary in the execution of a lawful order requiring him to remain in 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 of any 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 permitted to make to any part of Dominica in which, in consequence of any such order, his presence would otherwise be unlawful.
2. Any person who is arrested or detained shall be informed as soon as is reasonably practicable and in any case no later than twenty-four 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-
1. for the purpose of bring him before a court in execution of the order of a court; or
2. upon reasonable suspicion of his 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 proceeding or upon suspicion of his 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, 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 (1(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 in execution of the order of a court.

Protection from slavery and forced labour.
4.-

1. No person shall be held in slavery or servitude.
2. No person shall be required to perform force labour.
3. For the purposes of this section, the expression "forced labour" does not include-
1. any labour required in consequence of the sentence or order of a court;
2. labour required of any person while he is lawfully detained that, though not required in consequence of the sentence or order of a court, is reasonably necessary in the interests of hygiene or for the maintenance of the place at which he is detained;
3. any labour 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 person is required by law to perform in place of such service;
4. 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.

Protection from inhuman treatment.
5.-No person shall be subject to torture or to inhuman or degrading punishment or other treatment.

Protection from deprivation of property.
6.-

1. No property of any description shall be compulsorily taken possession of, and no interest in or right over property of any description shall be compulsory acquired, except where provisions 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-
1. determining the nature and extent of that interest or right;
2. determining whether that taking of possession or acquisition was duly carried out in accordance with a law authorising the taking of possession or acquisition;
3. determining what compensation he is entitled to under the law applicable to that taking of possession or acquisition;
4. 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 of right 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 of that 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 of that amount into a sum of money, the whole of that sum of money (free from any education, 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 of any 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-
1. the attachment, by order of a court, of any amount of compensation to which a person is entitled in satisfaction of the judgement of a court or pending the determination of civil proceedings to which he is a party; or
2. 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 (1) of this section-
1. to the extent that the law in question makes provision for the taking of possession or acquisition of any property, interest of right-
1. in satisfaction of any tax, rate or due;
2. by way of penalty for breach of any law or forfeiture in consequence of breach of any law;
3. as an incident of a lease, tenancy, mortgage, charge, bill of sale, pledge or contract;
4. in the execution of judgements or orders of a court in proceedings for the determination of civil rights or obligations;
5. 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;
6. in consequence of any law with respect to the limitation of actions; or
7. for so long only as may be necessary for the purposes of any examination, investigation, trial or inquiry or, in the case of land, for the purposes of the carrying out thereon of work of soil conservation or the conservation of other natural resources or work relating to agricultural development or improvement (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

2. to the extent that the law in question makes provision for the taking of possession or acquisition of any of the following property (including an interest in or right over property), that is to say-
1. enemy property;
2. 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 benefit of the persons entitled to the beneficial interest therein;
3. property of a 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 beneficial interest in the property; or
4. 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.
6. Nothing contained in or done under the authority of any law enacted by Parliament shall be held to be inconsistent with or in contravention of this 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 investigated other than monies provided by any legislature established for Dominica.
7. 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 or law 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.

Protection from arbitrary search or entry
7.-

1. Except with his own consent, a person shall not be subject to the search of his person or his property or the entry by others on his premises.
2. Nothing contained in or done 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-
1. 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 of mineral resources of the development and utilisation of mineral resources or the development or utilisation of mineral resources or the development or utilisation of any property for a purpose beneficial to the community;
2. that is reasonably required for the purpose of protecting the rights or freedoms of other persons;
3. that authorities an officer or agent of the Government of Dominica, a local government authority or a body corporate established by law for public purpose to enter on the premises 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 that Government, authority or body corporate, as the case may be; or
4. that authorises, for the purpose of enforcing the judgement 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.

Provided to the protection of law
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-
1. shall be presumed to be innocent until he is proved or has pleaded guilty;
2. shall be informed as soon as reasonably practicable, in a language that he understands and in detail, of the nature of the offence charged;
3. shall be given adequate time and facilities for the preparation of his defence;
4. shall be permitted to defend himself before the court in person or, at his own expense, by a legal practitioner of his own choice;
5. shall be afforded facilities to examine in person or by his legal representative the witnesses called by the prosecution before the court, and to obtain the attendance and carry out the examination of witnesses to testify on his behalf before the court on the same conditions as those applying to witnesses called by the prosecution; and
6. shall be permitted 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 of the 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 law under which, he is entitled to adequate notice of the charge an the date, time and place of the trial 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 judgement a copy for the use of the accused person of any record of the proceedings made by or on behalf of the court.
4. No person shall be held to be guilty of a 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 committee.
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 of which 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 if 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 or the 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 of any civil right or obligation has been determined in proceedings in any court or before any other authority any party to those proceeding shall, if he so requires and subject to payment of such reasonable fee as may be prescribed by law, be entitled to obtain within a reasonable time after the judgement 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 be 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-
1. may by law be empowered to do and may consider necessary or expedient in circumstances where publicity would prejudice the interests of justice or in interlocutory proceedings or in the interests of public morality, the welfare of persons under the age of eighteen years of the protection of the private lives of persons concerned in the proceedings; or
2. 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 of any law shall be held to be inconsistent with or in contravention of-
1. 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;
2. 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
3. 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 of that 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 (1), paragraphs (d) and (e) of subsection (2) and subsection (3) of this section shall not apply in relation to his trial for a criminal offence under the law regulating the discipline of persons held in such detention.
14. In this section "criminal offence" means a criminal offence under the law of Dominica.

Protection of freedom of conscience.
9.-

1. Except with his own consent, a person shall not be hindered in the enjoyment of his freedom of conscience, including freedom of 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, if he is a person under the age or eighteen years, the consent of his guardian) a person attending any place of education, detained in any prison or corrective institution or serving 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 of education which it maintains; and no such community shall be prevented from providing religious instruction for persons of that community in the course of any 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 or in part the cost of such 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 or done 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 provisions which is reasonably required-
1. in the interests of defence, public safety, public order, public morality or public health;
2. for the purpose of protecting 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
3. for the purpose of regulating educational institutions in the interests of the persons who received or may receive instructions 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.

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.

Protection of freedom of expression.
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 or to any person or class of persons) and freedom from interference with his correspondence.
2. Nothing contained in or done 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-
1. that is reasonably required in the interests of defence, public safety, public order, public morality or public health;
2. that is reasonably required for the purpose of protecting the reputations, rights and freedoms of other persons or the private lives of persons concerned in legal proceedings, preventing the disclosure of information 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
3. that imposes restrictions upon public officers that are reasonably required for the proper performance of their 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.

Protection of freedom of assembly and association.
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 or done 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-
1. that is reasonably required in the interests of defence, public safety, public order, public morality or public health;
2. that is reasonably required for the purpose of protecting the rights or freedoms of other persons; or
3. that imposes restrictions upon public officers that are reasonably required for the proper performance of their 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.

Protection of freedom of movement.
12.-

1. A person shall not be deprived of his freedom of movement 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 be held to be inconsistent with or in contravention of this section.
3. Nothing contained in or done 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-
1. for the imposition of restriction 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;
2. for the imposition of restriction 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 of Assembly 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;
3. for the imposition of restrictions, by order of a 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 of Dominica 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 proceeding preliminary to trial or for proceedings relating to his extradition or lawful removal from Dominica;
4. for the imposition of restriction on the freedom of movement of any person who is not a citizen of Dominica;
5. for the imposition of restrictions on the acquisition or use by any person of land or other property in Dominica;
6. for the imposition of restrictions upon the movement or residence within Dominica or on the right to leave Dominica of any public office that are reasonably required for the proper performance of his functions;
7. 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 of the sentence of a court in respect of a criminal offence under the law of Dominica of which he has been convicted; or
8. for the imposition of restriction 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 under 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 case shall be reviewed by an independent and impartial tribunal presided over by a person appointed by the Chief Justice from among persons who are legal practitioners.
5. On any review by a tribunal in pursuance of subsection (4) of this section of the case of any person whose freedom of movement has been restricted, the tribunal may make recommendations concerning the necessity or expediency of the continuation of that restriction to the authority by whom it was ordered and, unless it is otherwise provided by law, that authority shall be obliged to act in accordance with any such recommendations.

Protection from discrimination on the grounds of race, etc. 13.-

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.
2. Subject to the provisions of subsections (6), (7) and (8) of this section, no person shall be treated in a discriminatory manner by any person or authority.
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-
1. for the appropriation of public revenues or other public funds;
2. with respect to persons who are not citizens of Dominica;
3. for the application, in the case of persons of any such description as is mentioned in subsection (3) of this section (or of persons connected with such persons) of the law with respect to adoption, marriage, divorce, burial, devolution of property on death or other like matters which is the personal law of persons of that description;
4. 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.
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.
6. Subsection (2) of this section shall not apply to anything which is expressly or by 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 or Done 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 whereby persons of nay such description as is mentioned in subsection (3) of this section may be subject 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 may be.
8. Nothing in subsection (2) of this 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.

Derogation from s.3 s.13 under emergency powers.
14.- Nothing contained in or done under the authority of a law enacted by Parliament shall be held to be inconsistent with or in contravention of section 3 or section 13 of this Constitution to the extent that the law authorised 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.

Protection of persons detained under emergency laws.
15.-

1. When a person is detained by virtue of any such law as is referred to in section 14 of this Constitution the following provisions shall apply, that is to say:-
1. 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;
2. 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 of law under which his detention is authorised;
3. 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;
4. 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
5. at the hearing of his case by the tribunal appointed for the review of his case he shall be permitted to appear in person or to be represented by a legal practitioner of his own choice.
2. On any review by a tribunal in pursuance of this section for the case of a detained person, the tribunal may make recommendations concerning the necessity of continuing his detention to the authority by which it was ordered but, unless it is otherwise provided by law, 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) of this section shall be construed as entitling a person to legal representation at public expense.

Enforcement of protective provisions.
16.-

1. 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 for a person who is detained, if any other person alleges such a contravention in relation to the detained person) then, without prejudice to any other action with respect to the same matter 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-
1. to hear and determine any application made by any person in pursuance of subsection (1) of this section; and
2. to determine any question arising in the case of any person which is referred to it in pursuance of subsection (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 if it is satisfied that adequate means of redress for the contravention alleged are or have been available to the person concerned under any other law.

3. If in any proceedings in any court (other than the Court of Appeal or the High Court or a court-martial) any question arises as to the contravention of the provisions of sections 2 to 15 (inclusive) of this Constitution, the person presiding in that court may, and shall if any party to the proceedings so requests, refer the question if it 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 if 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 it by Parliament for the purpose of enabling it more effectively to exercise the jurisdiction conferred upon it by this section.
6. The Chief Justice may make rules with respect to the practice and procedure of the High Court in relation to the jurisdiction and powers conferred on it by or under this section (including rules with respect to the time within which applications may be brought and references shall be made to the High Court).

Interpretation and savings.
17.-

1. 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;
"court" means any court of law having jurisdiction in Dominica other than a court established by a disciplinary law, and includes the Judicial Committee and in section 2 and 4 of this Constitution a court established by a disciplinary law;
"disciplinary law" means a law regulating the discipline of any disciplined force;
"disciplined force" means-

1. a naval, military or air force;
2. the Police Force;
3. a prison service; or
4. any such other force or service as amy be prescribed by Parliament.

"legal practitioner" means a person entitled to be in or to enter Dominica and entitled to practice as a barrister in Dominica or, except in relation to proceedings before a court in which a solicitor has nor right of audience, entitled to practise as a solicitor in Dominica;
"member"" in relation to a discipline force, includes any person who, under the law regulating the discipline of that force, is subject to that discipline.

2. In this Chapter "period of public emergency" means any period during which-
1. Dominica is engaged in any war; or
2. there is in force a proclamation by the president declaring that a state of public emergency exists; or
3. there is in force a resolution of the House supported by the votes of not less than two thirds of all the members 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-
1. 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
2. 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, of supplies or services essential to life.
4. A proclamation made by the President for the purposes of this section-
1. 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 of a majority of all the members of the House;
2. may be extended from time to time by a resolution of the House passed in like manner as is prescribed in paragraph (a) of this subsection for further periods, not exceeding in respect of each such extension a period of six months; and
3. may be revoked at any time by a resolution supported by the votes of a majority of all the members of the House of Assembly.
5. A resolution passed by the House for the purposes of subsection (2) of this 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 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.

CHAPTER II
THE PRESIDENT

Establishment of office.
18.-

1. There shall be a President of Dominica 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.

Elections
19.-

1. Whenever the office of President is vacant or the term of office of the 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 member of the House may, during the period expiring fourteen days after the day on which the House has been so informed, 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 of that period and before the House proceeds to any other business inform the House of the nominations he has received and to which the candidates concerned have consented.
5. An election of the President at which the candidates shall be those of whose nomination the House has been informed 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.

5A. Where the only candidate for election under subsection (5) of this section does not receive the votes of a majority of all the members of the House, the Speaker shall inform the House accordingly and a new election shall be held to which the provisions of subsection (4) and (5), 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, if that office is already vacant, he shall assume office on the day after the day on which he was declared to have been duly elected.

Qualifications for office nomination.
20.-

1. A person shall be qualified to be nominated for election as President if, and shall not be so qualified unless, he is a citizen of Dominica of the age of forty years or upwards who at the date of his nomination has been resident in Dominica for five years immediately preceding his nomination.
2. For the purposes of subsection (1) of this section a person shall be deemed to reside in Dominica if he holds an office in the service of the 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 of not less than three-fourths of all the elected members of the House waive the residence qualification laid down in subsection (1) of this section with respect to any particular person to be proposed for nomination. 

Disqualifications for elections and holding office.
21.-

1. A person shall not be qualified to be elected as President if-
1. he has already held the office of President for two terms; or
2. he is disqualified to be elected or appointed as a Representative or Senator by virtue of subsection (1)(a), (b), (c), (d), (e) or (f) of section 32 of this 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 President if he holds any other office or emolument whether in the public service or otherwise nor engage in any other occupation for reward.

Determination of questions as to qualifications.
22.-

1. 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 of Appeal for the determination of any 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 of the force going) the time in which and the conditions upon which an application may be made, shall be regulated by such provisions as may be made by Parliament.
4. No appeal shall lie from any decision of the Court of Appeal under this section.
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 of the 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 directions or control of any other person or authority.

Tenure of office.
23.-

1. Subject to the provisions of this section and of section 25 of this Constitution, the President shall vacate his office at the expiration of a term of five years from the date on which he was declared to have been duly elected.
2. Where a person is elect to fill a vacancy in the office of President occurring before the expiration of the term of office of his predecessor he shall hold office only for the unexpired portion of that term.
3. Parliament may extend the term of office of the President under subsection (1) or (2) of this section for a period nor 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.

Removal from office.
24.-

1. The President may be removed from office under section 25 of this Constitution where-
1. he wilfully violates any provision of the Constitution;
2. he behaves in such a way as to bring his office into hatred, ridicule or contempt;
3. he behaves in a way that endangers the security of Dominica;
4. because of physical or mental incapacity, he is unable to perform the functions of his office;
5. any circumstances arise that, if 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
6. he is appointed to any such office, or engages in any such occupation, as is referred to in subsection (2) of that section.

Procedure for removal from office.
25.-

1. The office of the President shall become vacant if-
1. the House (acting upon a motion signed by not less than one third 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;
2. a tribunal consisting of the Chief Justice 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
3. the House, after considering the report, by resolution supported by the votes of not less than two-thirds of all the members of the House declares that the President shall be removed from office.
2. Parliament may make provision with respect to the powers, practice and procedure of tribunals established for the purpose of subsection 1(b) of this section and, subject as aforesaid, any such tribunal may by regulation or otherwise regulated its own procedure.
3. Where a resolution is passed in accordance with subsection (1)(a) of this section, the President shall forthwith cease to perform the functions of this office; but he may resume the performance of those functions if, after the House has considered a report made to it under subsection (1)(b) of this section, no such resolution as is referred to in subsection (1)(c) of this section is passed.

Oath.
26.- A person elected to hold the office of President or designated or elected to act as president shall before entering upon the duties of the office of President take and subscribe the oath of office, such oath being administered by the Chief Justice or such other judge of the Supreme Court as may be designated by the Chief Justice.

Protection in respect of legal proceedings.
27.-

1. Whilst any person hold office or is acting as President no criminal proceedings shall be instituted or continued against him in respect of anything done or omitted to be done by him either in his official capacity or in his private capacity and no civil proceedings shall be instituted or continued in respect of which relief is claimed against him in respect of any thing done or omitted to be done in his private capacity.
2. Where provisions is made by law limiting the time within which proceedings of any description may be brought against any person, the period during which any person has held office or acted as President shall ot be taken into account in calculating any period of time described by that law which determines whether any such proceedings as are mentioned in subsection (1) of this section may be brought against that person.

Acting President.
28.-

1. Whenever the holder of the office of President is unable to perform the functions of his office by reason of his absence from Dominica, by reason of illness of by reason that he is suspended from the exercise of those functions under section 25(3) of this Constitution, those functions shall be performed-
1. by such person as may with his consent have been designated in that behalf by the holder of the office of President, acting after consultation with the Prime Minister and the Leader of the Opposition, by writing under his hand; or
2. if there is no person so designated or if the person so designated is unable to act, by such person as may have been elected in that behalf by the House in accordance with the like procedure as is prescribed by section 19 of this Constitution for the election of the President.
2. A person shall not be qualified to act as President unless he is qualified to be elected as, and to hold the office of President:

Provided that the Speaker or the Deputy Speaker may act as President, in which case he shall cease to perform the functions of this office during any period during which he is so acting.

3. A person acting as President under this section shall cease to act when he is notified-