Dominica 1978 Constitution (reviewed 2014)

Chapter X. Miscellaneous

116. Declaration of republic

Dominica shall be a sovereign democratic republic.

117. Supreme law

This Constitution is the supreme law of Dominica and, subject to the provisions of this Constitution, if any other law is inconsistent with this Constitution, this Constitution shall prevail and the other law shall, to the extent of the inconsistency, be void.

118. Functions of President

1. Any reference in this Constitution to the functions of the President shall be construed as a reference to his powers and duties in the exercise of the executive authority of Dominica and to any other powers and duties conferred or imposed on him as President by or under this Constitution or any other law.
2. Where by this Constitution the President is required to perform any function 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.
3. Where by this Constitution the President is required to perform any function in accordance with the advice of, or after consultation with, any person or authority, the question whether the President has so exercised that function shall not be enquired into in any court of law.

119. Resignations

1. The President may resign his office, and a Representative or Senator may resign his seat, by writing under his hand addressed to the Speaker and the resignation shall take effect, and the office or seat shall accordingly become vacant, when the writing is received by—
   1. the Speaker;
   2. if the office of Speaker is vacant or the Speaker is for any reason unable to perform the functions of his office and no other person is performing them, the Deputy Speaker; or
   3. if the office of Deputy Speaker is vacant or the Deputy Speaker is for any reason unable to perform the functions of his office and no other person is performing them, the Clerk of the House.
2. The Speaker or the Deputy Speaker may resign his office by writing under his hand addressed to the House and the resignation shall take effect, and the office shall accordingly become vacant, when the writing is received by the Clerk of the House.
3. Any person who has been appointed to an office established by this Constitution (other than an office to which subsection (1) or (2) of this section applies) or any office of Minister established under this Constitution may resign that office by writing under his hand addressed to the person or authority by whom he was appointed and the resignation shall take effect, and the office shall accordingly become vacant—
   1. at such time or on such date (if any) as may be specified in the writing; or
   2. when the writing is received by the person or authority to whom it is addressed or by such other person as may be authorised to receive it,

   whichever is the later:

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   Provided that the resignation may be withdrawn before it takes effect if the person or authority to whom the resignation is addressed consents to its withdrawal.

120. Re-appointment and concurrent appointments

1. Subject to the provisions of section 21(1) of this Constitution, where any person has vacated any office established by this Constitution or any office of Minister established under this Constitution, he may, if qualified, again be appointed or elected to hold that office in accordance with the provisions of this Constitution.
2. Where this Constitution vests in any person or authority the power to make any appointment to any office, a person may be appointed to that office, notwithstanding that some other person may be holding that office, when that other person is on leave of absence pending the relinquishment of the office; and where two or more persons are holding the same office by reason of an appointment made in pursuance of this subsection, then, for the purposes of any function conferred upon the holder of that office, the person last appointed shall be deemed to be the sole holder of the office.

121. Interpretation

1. In this Constitution, unless the context otherwise requires—
   • “Agreement Establishing the Caribbean Court of Justice” means the Agreement Establishing the Caribbean Court of Justice, signed at Port of Spain, Trinidad on the 15th day of February, 2003, as amended by the Protocol to the Agreement Establishing the Caribbean Court of Justice Relating to the Judicial Personality and Legal Capacity of the Court Signed at Montego Bay, Jamaica on the 4th day of July, 2003, and any further amendments, and includes any amendments thereto which may hereafter have force in relation to and become part of the law of Dominica;
     
     “Caribbean Court of Justice” means the Caribbean Court of Justice established under the Agreement Establishing the Caribbean Court of Justice;

     “Commonwealth citizen” has such meaning as Parliament may by law prescribe;

     “Dominica” means the Commonwealth of Dominica;

     “dollars” mean dollars in the currency of Dominica;

     “financial year” means any period of twelve months beginning on 1st July in any year or such other date as may be prescribed by law;

     “the Government” means the Government of Dominica;

     “the House” means the House of Assembly;

     “the Judicial Committee” means the Judicial Committee of the Privy Council;

     “law” includes any instrument having the force of law and any unwritten rule of law and “lawful” and “lawfully” shall be construed accordingly;

     “Minister” means a Minister of the Government and includes a temporary Minister;

     “Parliament” means the Parliament of Dominica;

     “oath” includes affirmation;

     “oath of allegiance” means such oath of allegiance as may be prescribed by law;

     “oath of office” means, in relation to any office, such oath for the due execution of that office as may be prescribed by law;

     “oath of secrecy” means such oath of secrecy as may be prescribed by law;

     “the Police Force” means the Dominica Police Force and includes any other police force established to succeed to the functions of the Dominica Police Force;

     “public office” means any office of emolument in the public service;

     “public officer” means a person holding or acting in any public office;

     “the public service” means, subject to the provisions of this section, the service in a civil capacity of the Government;

     “session” means the period beginning when the House first meets after Parliament has at any time been prorogued or dissolved and ending when Parliament is prorogued or when Parliament is dissolved without having been prorogued;

     “sitting” means the period during which the House is sitting continuously without adjournment and includes any period during which it is in committee;

     “Speaker” and “Deputy Speaker” mean the respective persons holding office as Speaker and Deputy Speaker of the House.

2. In this Constitution references to an office in the public service shall not be construed as including—
   1. references to the office of the Speaker or Deputy Speaker, the Prime Minister or any other Minister, a temporary Minister, a Parliamentary Secretary or a member of the House, the Parliamentary Commissioner or the Deputy Parliamentary Commissioner;
   2. references to the office of a member of any Commission established by this Constitution or a member of the Advisory Committee on the Prerogative of Mercy or a member of the Public Service Board of Appeal;
   3. references to the office of judge or officer of the Supreme Court;
   4. save insofar as may be provided by Parliament, references to the office of a member of any other council, board, panel, committee or other similar body (whether incorporated or not) established by or under any law.
3. In this Constitution—
   1. references to the Supreme Court Order include references to any law in force in Dominica altering that Order;
   2. references to the Supreme Court, the Court of Appeal, the High Court and the Judicial and Legal Services Commission are references to the Supreme Court, the Court of Appeal, the High Court and the Judicial and Legal Services Commission established by the Supreme Court Order;
   3. references to the Chief Justice have the same meaning as in the Supreme Court Order;
   4. references to a judge of the Supreme Court are references to a judge of the High Court or the Court of Appeal and, unless the context otherwise requires, include references to a judge of the former Supreme Court of the Windward Islands and Leeward Islands; and
   5. references to officers of the Supreme Court are references to the Chief Registrar and other officers of the Supreme Court appointed under the Supreme Court Order.
4. In this Constitution “the specified qualifications” means the professional qualifications specified by or under any law in force in Dominica, one of which must be held by any person before he may apply under that law to be admitted to practise as a barrister or a solicitor in Dominica.
5. For the purposes of this Constitution, a person shall not be regarded as holding an office by reason only of the fact that he is in receipt of a pension or other like allowance.
6. In this Constitution, unless the context otherwise requires, a reference to the holder of an office by the term designating his office shall be construed as including, to the extent of his authority, a reference to any person for the time being authorised to exercise the functions of that office.
7. Except in the case where this Constitution provides for the holder of any office thereunder to be such person holding or acting in any other office as may for the time being be designated in that behalf by some other specified person or authority, no person may, without his consent, be nominated for election to any such office or be appointed to or to act therein or otherwise be selected therefor.
8. References in this Constitution to the power to remove a public officer from his office shall be construed as including references to any power conferred by any law to require or permit that officer to retire from the public service:Provided that—
   1. nothing in this subsection shall be construed as conferring on any person or authority the power to require the Director of Public Prosecutions, the Director of Audit or the Chief Elections Officer to retire from the public service; and
   2. any power conferred by any law to permit a person to retire from the public service shall, in the case of any public officer who may be removed from office by some person or authority other than a Commission established by this Constitution, vest in the Public Service Commission.
9. Any provision in this Constitution that vests in any person or authority the power to remove any public officer from his office shall be without prejudice to the power of any person or authority to abolish any office or to any law providing for the compulsory retirement of public officers generally or any class of public officer on attaining an age specified by or under that law.
10. Where this Constitution vests in any person or authority the power to appoint any person to act in or to exercise the functions of any office if the holder thereof is himself unable to exercise those functions, no such appointment shall be called in question on the grounds that the holder of the office was not unable to exercise those functions.
11. No provision of this Constitution that any person or authority shall not be subject to the direction or control of any other person or authority in the exercise of any functions under this Constitution shall be construed as precluding a court of law from exercising jurisdiction in relation to any question whether that person or authority has exercised those functions in accordance with this Constitution or any other law.
12. Without prejudice to the provisions of section 32(3) of the Interpretation Act 1889 (as applied by subsection (14) of this section), where any power is conferred by this Constitution to make any order, regulation or rule or give any direction or make any designation, the power shall be construed as including the power, exercisable in like manner and subject to the like conditions, if any, to amend or revoke any such order, regulation, rule, direction, or designation.
13. In this Constitution references to altering this Constitution or any other law, or any provision thereof, include references—
    1. to revoking it, with or without re-enactment thereof or the making of different provision in lieu thereof;
    2. to modifying it whether by omitting or amending any of its provisions or inserting additional provisions in it or otherwise; and
    3. to suspending its operation for any period or terminating any such suspension.
14. The Interpretation Act 1889 shall apply, with the necessary adaptations, for the purpose of interpreting this Constitution and otherwise in relation thereto as it applies for the purpose of interpreting and in relation to Acts of the Parliament of the United Kingdom.