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41.   Alteration of Constitution and Supreme Court Order

Revised Laws of Saint Lucia (2021)

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41.   Alteration of Constitution and Supreme Court Order

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    (1)   Parliament may alter any of the provisions of this Constitution or of the Supreme Court Order in the manner specified in the following provisions of this section.

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    (2)   A bill to alter this section, Schedule 1 to this Constitution or any of the provisions of this Constitution specified in Part I of that Schedule or any of the provisions of the Supreme Court Order specified in Part II of that Schedule shall not be regarded as being passed by the House unless on its final reading in the House the bill is supported by the votes of not less than ¾ of all the members of the House.

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    (3)   A bill to alter any of the provisions of this Constitution or, as the case may be, of the Supreme Court Order other than those referred to in subsection (2) shall not be regarded as being passed by the House unless on its final reading in the House the bill is supported by the votes of not less than ⅔ of all the members of the House.

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    (4)   An amendment made by the Senate to a bill to which subsection (2) applies shall not be regarded as being agreed to by the House for the purposes of section 50 unless such agreement is signified by resolution supported by the votes of not less than ¾ of all the members of the House.

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    (5)   An amendment made by the Senate to a bill to which subsection (3) applies shall not be regarded as being agreed to by the House for the purposes of section 50 unless such agreement is signified by resolution supported by the votes of not less than ⅔ of all the members of the House.

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    (6)   A bill to alter any of the provisions of this Constitution or the Supreme Court Order shall not be submitted to the Governor General for his or her assent—

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      (a)     unless there has been an interval of not less than 90 days between the introduction of the bill in the House and the beginning of the proceedings in the House on the second reading of the bill; and

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      (b)     if the bill provides for the alteration of this section, Schedule I to this Constitution or any of the provisions of this Constitution or the Supreme Court Order specified in that Schedule, unless after it has been passed by the Senate and the House or, in the case of a bill to which section 50 applies, after its rejection by the Senate for the second time, the bill has been approved on a referendum, held in accordance with such provision as may be made in that behalf by Parliament, by a majority of the votes validly cast on that referendum.

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    (7)   The provisions of subsection (6)(b) shall not apply in relation to any bill to alter—

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      (a)     section 107 in order to give effect to any agreement between Saint Lucia and the United Kingdom concerning appeals from any court having jurisdiction in Saint Lucia to Her Majesty in Council;

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      (b)     any of the provisions of the Supreme Court Order in order to give effect to any international agreement to which Saint Lucia is a party relating to the Supreme Court or any other court (or any officer or authority having functions in respect of any such court) constituted in common for Saint Lucia and for other countries also parties to the agreement.

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    (8)   Every person who, at the time when the referendum is held, would be entitled to vote for the purpose of electing members of the House shall be entitled to vote on a referendum held for the purposes of this section in accordance with such procedures as may be prescribed by Parliament for the purposes of the referendum and no other person shall be entitled so to vote.

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    (9)   In any referendum for the purposes of this section the votes shall be given by ballot in such manner as not to disclose how any particular person votes.

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    (10)   The conduct of any referendum for the purposes of this section shall be the responsibility of the Electoral Commission and the provisions of sections 37 and 52 shall apply in relation to the referendum as they apply in relation to elections of members of the House and legislation relating thereto.

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    (11)   

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      (a)     A bill to alter any of the provisions of this Constitution or the Supreme Court Order shall not be submitted to the Governor General for his or her assent unless it is accompanied by a certificate under the hand of the Speaker that the provisions of subsection (2), (3), (4) or (5), as the case may be, have been complied with and, where a referendum has been held in pursuance of subsection (6)(b), by a certificate under the hand of the Chief Elections Officer stating the results of the referendum.

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      (b)     The certificate of the Speaker under this subsection shall be conclusive that the provisions of subsection (2), (3), (4) or (5), as the case may be, have been complied with and shall not be enquired into in any court of law.

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      (c)     In this subsection references to the Speaker shall, if the person holding the office of Speaker is for any reason unable to perform the functions of his or her office and no other person is performing them, include references to the Deputy Speaker.

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    (12)   In this section and Schedule I to this Constitution references to any of the provisions of this Constitution or the Supreme Court Order include references to any law that alters that provision.

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