Reference Of Constitutional Questions To High Court

Reference Of Constitutional Questions To High Court

REFERENCE OF CONSTITUTIONAL QUESTIONS TO HIGH COURT

120.- 1. Where any question as to the interpretation of this Constitution arises in any court of law established for Antigua and Barbuda (other than the Court of Appeal, the High Court or a court-martial) and the court is of the opinion that the question involves a substantial question of law, the court may, and shall if any party to the proceedings so requests, refer the question to the High Court.

2. Where any question is referred to the High Court in pursuance of this section, the High Court shall give its decision upon the question and the court in which the question arose shall dispose of the case in accordance with that decision or, if the decision is the subject of an appeal to the Court of Appeal or Her Majesty in Council, in accordance with the decision of the Court of Appeal or, as the case may be, Her Majesty in Council.

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
Constitutional Questions Court 2022


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