ACT
(Statutory Instrument 1978 No. 1901 (U.K.) Schedule 1, Acts 17 of 1980, 2 of 2023 and 7 of 2023)
Statutory Instrument 1978 No. 1901 (U.K.), Schedule 1 .. in force 22 February 1979
Amended by Act 17 of 1980 .. in force 26 September 1980
Amended by Act 2 of 2023 .. in force 9 March 2023
Amended by Act 7 of 2023 .. in force 27 March 2023
ARRANGEMENT OF SECTIONS
CHAPTER I
PROTECTION OF FUNDAMENTAL RIGHTS AND FREEDOMS
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 of law |
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. | Emergency powers |
15. | Protection of persons detained under emergency laws |
16. | Enforcement of protective provisions |
17. | Declaration of emergency |
18. | Interpretation and savings |
CHAPTER II
THE GOVERNOR GENERAL
19. | Establishment of office |
20. | Acting Governor General |
21. | Oaths |
22. | Deputy to Governor General |
CHAPTER III
PARLIAMENT
PART 1
COMPOSITION OF PARLIAMENT
The Senate
24. | Composition |
25. | Qualifications |
26. | Disqualifications |
27. | Tenure of office |
28. | Inability |
29. | President and Deputy President |
The House of Assembly
30. | Composition |
31. | Qualifications for election |
32. | Disqualifications for election |
33. | Elections |
34. | Tenure of office |
35. | Speaker |
36. | Deputy Speaker |
37. | Responsibility for elections |
General provisions
38. | Clerks of Senate and House of Assembly and their staff |
39. | Determination of questions of membership |
PART 2
LEGISLATION AND PROCEDURE OF PARLIAMENT
40. | Power to make laws |
41. | Alteration of Constitution and Supreme Court Order |
42. | Freedom of speech |
43. | Oath by Members |
44. | Presiding |
45. | Voting |
46. | Penalty for sitting if unqualified |
47. | Mode of exercise of legislative power |
48. | Restrictions with regard to certain financial measures |
49. | Restrictions on powers of Senate as to money bills |
50. | Restrictions on powers of Senate as to bills other than money bills |
51. | Provision relating to ss. 49 and 50 |
52. | Scrutiny of electoral legislation |
53. | Regulation of procedure |
PART 3
SUMMONING, PROROGATION AND DISSOLUTION
54. | Sessions |
55. | Prorogation and dissolution |
56. | Holding of elections |
PART 4
CONSTITUENCY BOUNDARIES AND ELECTORAL COMMISSIONS
57. | Constituency Boundaries Commission and Electoral Commission |
PART 5
DELIMITATION OF CONSTITUENCIES
58. | Review of constituency boundaries |
CHAPTER IV
THE EXECUTIVE
59. | Executive authority |
60. | Ministers of the Government |
61. | Cabinet of Ministers |
62. | Allocation of portfolios to Ministers |
63. | Performance of functions of Ministers during absence or illness |
64. | Exercise of Governor General's functions |
65. | Governor General to be informed concerning matters of government |
66. | Oaths to be taken by Ministers, etc |
67. | Leader of the Opposition |
68. | Parliamentary Secretaries |
69. | Permanent Secretaries |
70. | Secretary to the Cabinet |
71. | Constitution of offices, etc |
72. | Attorney General |
73. | Control of public prosecutions |
74. | Prerogative of mercy |
75. | Committee on Prerogative of mercy |
76. | Procedure in capital cases |
CHAPTER V
FINANCE
77. | Consolidated Fund |
78. | Withdrawals from Consolidated Fund or other public funds |
79. | Authorisation of expenditure from Consolidated Fund by appropriation law |
80. | Authorisation of expenditure in advance of appropriation |
81. | Contingencies Fund |
82. | Remuneration of certain officers |
83. | Public debt |
84. | Audit of public accounts, etc |
CHAPTER VI
THE PUBLIC SERVICE
PART 1
THE PUBLIC SERVICE COMMISSION
85. | Public Service Commission |
86. | Appointment, etc., of public officers |
PART 2
APPOINTMENTS, ETC., TO PARTICULAR OFFICES
87. | Appointment, etc., of Permanent Secretaries and certain other officers |
88. | Chief Elections Officer |
89. | Director of Public Prosecutions |
90. | Director of Audi |
91. | Appointment, etc. of magistrates, registrars and legal officers |
PART 3
THE TEACHING SERVICE COMMISSION
92. | Teaching Service Commission |
93. | Appointment, etc., of teachers |
PART 4
THE POLICE
PART 5
THE PUBLIC SERVICE BOARD OF APPEAL
95. | Public Service Board of Appeal |
96. | Appeals in discipline cases |
PART 6
PENSIONS
97. | Pensions laws and protection of pensions rights |
98. | Power to withhold pensions, etc |
CHAPTER VII
CITIZENSHIP
99. | Persons who become citizens on 22 February 1979 |
100. | Persons born in Saint Lucia on or after 22 February 1979 |
101. | Persons born outside Saint Lucia on or after 22 February 1979 |
102. | Registration |
103. | Acquisition, deprivation and renunciation |
104. | Interpretation |
CHAPTER VIII
JUDICIAL PROVISIONS
105. | Original Jurisdiction of High Court in constitutional questions |
106. | Reference of constitutional questions to High Court |
107. | Appeals to Court of Appeal |
108. | Appeals to the Caribbean Court of Justice |
108A. | Abolition of appeals to Her Majesty in Council |
109. | Interpretation |
CHAPTER IX
PARLIAMENTARY COMMISSIONER
110. | Appointment, etc., of Commissioner |
111. | Deputy Parliamentary Commissioner |
112. | Functions of Commissioner |
113. | Restrictions on matters for investigation |
114. | Discretion of Commissioner |
115. | Report on investigation |
116. | Power to obtain evidence |
117. | Prescribed matters concerning Commissioner |
CHAPTER X
MISCELLANEOUS
118. | The integrity Commission |
119. | Declaration of assets |
120. | Supreme law |
121. | Functions of Governor General |
122. | Resignations |
123. | Re-appointment and concurrent appointments |
124. | Interpretation |
Schedule 1 | To the Constitution |
| Alteration of Constitution and Supreme Court Order |
| Part I Provisions of Constitution Referred to in Section 41(2) |
| Part II Provisions of the Supreme Court Order Referred to in Section 41(2) |
Schedule 2 | To the Constitution |
| Rules Concerning Constituencies |
Schedule 3 | To the Constitution |
| Matters not Subject to Investigation by Parliamentary Commissioner |
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Editor's note: This Constitution is Schedule 1 to the Saint Lucia Constitution Order 1978 of the United Kingdom
WHEREAS the People of Saint Lucia—
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(a) affirm their faith in the supremacy of the Almighty God;
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(b) believe that all persons have been endowed equally by God with inalienable rights and dignity;
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(c) recognise that the enjoyment of these rights depends upon certain fundamental freedoms namely, freedom of the person, of thought, of expression, of communication, of conscience and of association;
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(d) maintain that these freedoms can only be safeguarded by the rule of law;
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(e) realise that human dignity requires respect for spiritual values; for private family life and property; and the enjoyment of an adequate standard of economic and social well-being dependent upon the resources of the State;
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(f) respect the principles of social justice and therefore believe that the operation of the economic system should result in the material resources of the community being so distributed as to sub serve 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;
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(g) express their commitment to democracy, in particular the principle of a government freely elected on the basis of universal adult suffrage;
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(h) consider that individually, each person has duties towards every other and to the community and is under obligation to observe and promote the rights, freedoms and values recognised in this constitution;
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(i) pledge their support for international peace and security, for friendly relations among nations and the promotion of universal respect for human rights and freedoms; and their co-operation in solving by peaceful means international problems of an economic, social or political character;
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(j) desire that this Constitution shall reflect and make provision for ensuring and protecting these rights, freedoms and values.
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NOW, THEREFORE, the following provisions shall have effect as the Constitution of Saint Lucia:
CHAPTER I
PROTECTION OF FUNDAMENTAL RIGHTS AND FREEDOMS