Declaration of Public Emergency

Declaration of Public Emergency

DECLARATION OF PUBLIC EMERGENCY

20.- 1. The Governor-General may, by Proclamation which shall be published in the Official Gazette, declare that a state of public emergency exists for the purposes of this Chapter.

2. Every declaration shall lapse-

a. in the case of a declaration made when Parliament is sitting, at the expiration of a period of seven days beginning with the date of publication of the declaration; and

b. in any other case, at the expiration of a period of twenty-one days beginning with the date of publication of the declaration, unless it has in the meantime been approved by resolutions of both Houses of Parliament.

3. A declaration of public emergency may at any time be revoked by the Governor-General by Proclamation which shall be published in the Official Gazette.

4. A declaration of public emergency that has been approved of by resolutions of the Houses of Parliament in pursuance of subsection (2) of this section shall, subject to the provisions of subsection (3) of this section, remain in force so long as the resolutions of those Houses remain in force and no longer.

5. A resolution of a House of Parliament passed for the purposes of this section shall remain in force for three months or such shorter period as may be specified therein:

Provided that any such resolution may be extended from time to time by a further such resolution each extension not exceeding three months from the date of the resolution effecting the extension and any such resolution may be revoked at any time by a resolution of that House.

6. Any provision of this section that a declaration of emergency shall lapse or cease to be in force at any particular time is without prejudice to the making of a further such declaration whether before or after that time.

7. A resolution of a House of Parliament for the purposes of subsection (2) of this section and a resolution extending any such resolution shall not be passed unless it is supported by the votes of a majority of all members of that House.

8. The Governor-General may summon the Houses of Parliament to meet for the purposes of subsection (2) of this section notwithstanding that Parliament stands dissolved, and the persons who were members of the Senate and the House immediately before the dissolution shall be deemed, for those purposes, still to be members of those Houses, but, subject to the provisions of sections 33 and 42 of this Constitution (which relate to the election of the President, Vice-President, the Speaker, and the Deputy Speaker) a House of Parliament shall not, when summoned by virtue of this subsection, transact any business other than debating and voting upon a resolution for the purpose of subsection (2) of this section.

Constitution of Antigua

1. The State and its Territory
2. Constitution is Supreme Law
3. Fundamental Rights and Freedoms of the Individual
4. Protection of Right to Life
5. Protection of Right to Personal Liberty
6. Protection from Slavery and Forced Labour
7. Protection from Inhuman Treatment
8. Protection of Freedom of Movement
9. Protection from Deprivation of Property
10. Protection of Person Or Property from Arbitrary Search Or Entry
11. Protection of Freedom of Conscience
12. Protection of Freedom of Expression Including Freedom of the Press
13. Protection of Freedom of Assembly And Association
14. Protection from Discrimination On the Grounds of Race, Sex Etc.
15. Provision to Secure Protection of the Law
16. Derogations from Fundamental Rights And Freedoms Under Emergency Powers
17. Protection of Persons Detained-under Emergency Laws
18. Enforcement of Protective Provisions
19. Protection from Derogations from Fundamental Rights and Freedoms Generally
20. Declaration of Public Emergency
21. Interpretation and Savings
22. Establishment Of Office
23. Acting Governor-general
24. Oaths
25. Deputy to Governor-General
26. Public Seal
27. Establishment of Parliament
28. Composition of the Senate
29. Qualifications for Appointment as Senators
30. Disqualifications from Appointment as Senators
31. Tenure of Office of Senators
32. Appointment of Temporary Senators
33. President and Vice-president
34. Attendance of Attorney-general at Proceedings of Senate
35. Attendance at Proceedings of Senate of Ministers who are Members of the House
36. Composition of the House
37. Attendance at Proceedings of the House of Ministers who are Senators
38. Qualifications for Election as a Member of the House
39. Disqualifications from Election as a Member of the House
40. Election of Members of the House
41. Tenure of Seats of Members of the House
42. Speaker and Deputy Speaker
43. Clerks to Houses of Parliament and their Staffs
44. Determination of Questions of Membership
45. Unqualified Persons Sitting or Voting
46. Power to Make Laws
47. Alternation of this Constitution and Supreme Court Order
48. Oath of Allegiance by Members of Parliament
49. Presiding in Senate and House
50. Quorum
51. Voting
52. Mode of Exercising Legislative Power
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