Interpretation and Savings |
Interpretation and Savings |
INTERPRETATION AND SAVINGS
21.- 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 Antigua and Barbuda other that a court established by a disciplinary law, and includes Her Majesty in Council and, in section 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-
a. a naval, military or air force;
b. the Police force; or
c. a prison service;
"member", in relation to a disciplined force, includes any person who, under the law regulating the discipline of that force, is subject to that discipline;
"legal practitioner" means a person entitled to practice as a barrister in Antigua and Barbuda or, except in relation to proceedings before a court in which a solicitor has no right of audience, entitled to practice as a solicitor in Antigua and Barbuda.
2. In relation to any person who is a member of a disciplined force raised under any law, 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 4, and 7 of this Constitution.
3. In relation to any person who is a member of a disciplined force raised otherwise than as aforesaid and lawfully present in Antigua and Barbuda, 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.
4. In this Chapter "public emergency" means any period during which-
a. Her Majesty is at war; or b. there is in force a declaration of emergency under section 20 of this Constitution, or there are in force resolutions of both Houses of Parliament supported by the votes of not less than two-thirds of all the members of each House declaring that democratic institutions in Antigua and Barbuda are threatened by subversion.
5. A Proclamation made by the Governor-General shall not be affective for the purposes of section 20 of this Constitution unless it contains a declaration that the Governor-General is satisfied-
a. that a public emergency has arisen as a result of the imminence of a state of war between Her Majesty 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
b. that action has been taken or is immediately threatened by any person or body of persons 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.
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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 |