Exercise of Governor General |
Exercise Of Governor-general's Functions |
EXERCISE OF GOVERNOR-GENERAL'S FUNCTIONS
80.- 1. In the exercise of his functions the Governor-General shall act in accordance with the advice of the Cabinet or a Minister acting under the general authority of the Cabinet, except in cases where other provision is made by this Constitution or any other law, and, without prejudice to the generality of this exception, in case where by this Constitution or any other law he is required to act-
a. in his discretion;
b. after consultation with any person or authority other than Cabinet; or
c. in accordance with the advice of the Prime Minister or any person or authority other than the Cabinet.
2. Nothing in subsection (1) of this section shall apply to the functions conferred upon the Governor-General by the following provisions of this Constitution, that is to say, sections 63(6), 67(6), 73(1), 87(8) and 99(5) (which require the Governor-General to remove the holders of certain offices from office in certain circumstances).
3. Where in the exercise of his functions the Governor-General is required to act in accordance with the advice of the Cabinet or a Minister acting under the general authority of the Cabinet, and it has become impracticable for the Governor-General to obtain such advice, he may exercise those functions in his discretion.
4. Where in the exercise of his functions the Governor-General is required to act in accordance with the advice of, or after consultation with, the Leader of the Opposition and there is a vacancy in the office of the Leader of the Opposition or if the Governor-General considers that it is impracticable to obtain the advice of the Leader of the Opposition, the Governor-General may exercise those functions in his discretion.
5. Where in the exercise of his functions the Governor-General is required to act after consultation with any person or authority he shall not be obliged to exercise that function in accordance with the advice of that person or authority.
6. Any reference in this Constitution to the functions of Governor-General shall be construed as a reference to his powers and duties in the exercise of the executive authority of Antigua and Barbuda and to any other powers and duties conferred or imposed on him as Governor-General by or under this Constitution or any other law.
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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 |