Dominica 1978 Constitution (reviewed 2014) - Page 4 of 14

Table of Contents

Chapter III. Parliament

Part I. Establishment of Parliament

29. Composition

There shall be a Parliament of Dominica which shall consist of the President and a House of Assembly.

30. Composition of House of Assembly

The House shall consist of—
1. such number of Representatives as corresponds with the number of constituencies for the time being established in accordance with the provisions of section 57 of this Constitution, who shall be elected in accordance with the provisions of section 33 of this Constitution;
2. nine Senators appointed or elected in accordance with the provisions of section 34 of this Constitution.
If a person who is not a member of the House is elected to be Speaker he shall, by virtue of holding the office of Speaker, be a member of the House.
At any time when the office of Attorney General is a public office, the Attorney General shall, by virtue of holding or acting in that office, be a member of the House.

31. Qualifications for Representatives and Senators

Subject to the provisions of section 32 of this Constitution a person shall be qualified to be elected as a Representative if, and shall not be so qualified unless, he—
1. is a citizen of Dominica of the age of twenty-one years or upwards;
2. has resided in Dominica for a period of twelve months immediately before the date of his nomination for election or is domiciled and resident in Dominica at that date; and
3. is able to speak and, unless incapacitated by blindness or other physical cause, to read the English language with a degree of proficiency sufficient to enable him to take an active part in the proceedings of the House.
Subject to the provisions of section 32 of this Constitution, a person shall be qualified to be elected or appointed as a Senator if, and shall not be so qualified unless, he—
1. is a Commonwealth citizen of the age of twenty-one years or upwards;
2. is domiciled and resident in Dominica at the date of his appointment or nomination for election; and
3. is able to speak and, unless incapacitated by blindness or other physical cause, to read the English language with a degree of proficiency sufficient to enable him to take an active part in the proceedings of the House.

32. Disqualifications for Representatives and Senators

A person shall not be qualified to be elected or appointed as a Representative or Senator (hereinafter in this section referred to as a member) if he—
1. is by virtue of his own act, under any acknowledgement of allegiance, obedience or adherence to a foreign power or state;
2. is a minister of religion;
3. is an undischarged bankrupt, having been adjudged or otherwise declared bankrupt under any law in force in Dominica;
4. is a person certified to be insane or otherwise adjudged to be of unsound mind under any law in force in Dominica;
5. is under sentence of death imposed on him by a court of law in any part of the Commonwealth or is serving a sentence of imprisonment (by whatever name called) exceeding twelve months imposed on him by such a court or substituted by competent authority for some other sentence imposed on him by such a court, or is under such a sentence of imprisonment the execution of which has been suspended;
6. subject to such exceptions and limitations as may be prescribed by Parliament, has an interest in any government contract and has not, within seven days of his nomination as a candidate for election or, as the case may be, at least seven days before the date of his prospective appointment, disclosed the nature of the contract and of his interest therein by means of a notice published in the Official Gazette and in a daily or weekly newspaper circulating in Dominica; or
7. holds or is acting in the office of President.
If it is so provided by Parliament, a person shall not be qualified to be elected or appointed as a member if he holds or is acting in any office that is specified by Parliament and the functions of which involve responsibility for, or in connection with, the conduct of any election of members or the compilation of any register of votes for the purpose of electing Representatives.
If it is so provided by Parliament, a person who is convicted by any court of law of any offence that is prescribed by Parliament and that is connected with the election of members or who is reported guilty of such an offence by the court trying an election petition shall not be qualified, for such period (not exceeding seven years) following his conviction or, as the case may be, following the report of the court as may be so prescribed, to be elected or appointed as a member.
A person shall not be qualified to be elected as a Representative if he is a Senator or is nominated for election as a Senator; and a person shall not be qualified to be appointed or elected as a Senator if he is a Representative or is nominated for election as a Representative.
If it is so provided by Parliament and subject to such exceptions and limitations (if any) as Parliament may prescribe, a person shall not be qualified to be elected or appointed as a member if—
1. he holds or is acting in any office or appointment (whether specified individually or by reference to a class of office or appointment);
2. he belongs to any of the armed forces of Dominica or to any class of person that is comprised in any such force; or
3. he belongs to any police force or to any class of person that is comprised in any such force.
In subsection (1) of this section—
- “government contract” means any contract made with the Government or with a department of the Government or with an officer of the Government contracting as such;
  
  “minister of religion” means any person in holy orders and any other person the functions of whose principal occupation include teaching or preaching in any congregation for religious worship.
For the purposes of paragraph (e) of subsection (1) of this section—
1. two or more sentences of imprisonment that are required to be served consecutively shall be regarded as separate sentences if none of those sentences exceeds twelve months, but if any one of such sentences exceeds that term they shall be regarded as one sentence; and
2. no account shall be taken of a sentence of imprisonment imposed as an alternative to or in default of the payment of a fine.

33. Election of Representatives

1. Each of the constituencies established in accordance with the provisions of section 57 of this Constitution shall return one Representative to the House who shall be directly elected in such manner as may, subject to the provisions of this Constitution, be prescribed by or under any law.

2

1. Every Commonwealth citizen of the age of eighteen years or upwards who possesses such qualifications relating to residence or domicile in Dominica as Parliament may prescribe shall, unless he is disqualified by Parliament from registration as a voter for the purpose of electing Representatives, be entitled to be registered as such a voter in accordance with the provisions of any law in that behalf, and no other person may be so registered.
2. Every person who is registered as aforesaid in any constituency shall, unless he is disqualified by Parliament from voting in that constituency in any election of Representatives, be entitled so to vote, in accordance with the provisions of any law in that behalf, and no other person may so vote.
In any election of Representatives the votes shall be given by ballot in such manner as not to disclose how any particular person votes.

34. Appointment or election of Senators

Of the Senators—
1. five shall be appointed by the President, acting in accordance with the advice of the Prime Minister; and
2. four shall be appointed by the President, acting in accordance with the advice of the Leader of the Opposition:
Provided that, if it is so prescribed by Parliament the Senators shall, instead of being appointed under the foregoing provisions of this section, be elected, in accordance with such provision as may be made by Parliament in that behalf.
Where Parliament makes provision for voting for the purpose of electing Senators, the persons entitled to vote shall be the persons entitled to vote for the purpose of electing Representatives and no other persons and the votes shall be given by ballot in such manner as not to disclose how any particular person votes.

35. Tenure of office of Representatives and Senators

A Representative or a Senator (hereinafter in this section referred to as a member) shall vacate his seat in the House at the next dissolution of Parliament after his election or appointment.
A Senator appointed in accordance with the provisions of paragraph (a) of section 34 of this Constitution shall vacate his seat in the House if his appointment is revoked by the President, acting in accordance with the advice of the Prime Minister, and a Senator appointed in accordance with the provisions of paragraph (b) of that section shall vacate his seat in the House if his appointment is revoked by the President, acting in accordance with the advice of the Leader of the Opposition.
A member shall also vacate his seat in the House—
1. if he is absent from the sittings of the House for such period and in such circumstances as may be prescribed in the rules of procedure of the House;
2. in the case of a Representative, if he ceases to be a citizen of Dominica or, in the case of a Senator, if he ceases to be a Commonwealth citizen;
3. subject to the provisions of subsection (4) of this section, if any other circumstances arise that, if he were not a member, would cause him to be disqualified to be elected or appointed as such by virtue of subsection (1) of section 32 of this Constitution or by virtue of any law enacted in pursuance of subsection (2), (3) or (5) of that section;
4. if he is elected to be President; or
5. if (not being the Speaker or the Deputy Speaker) he is elected to act as President.

4

If any circumstances such as are referred to in paragraph (c) of subsection (3) of this section arise because any member is under sentence of death or imprisonment, adjudged to be of unsound mind, declared bankrupt or convicted or reported guilty of an offence relating to elections and if it is open to the member to appeal against the decision (either with the leave of a count of law or other authority or without such leave), he shall forthwith cease to perform his functions as a member but, subject to the provisions of this section, he shall not vacate his seat until the expiration of a period of thirty days thereafter:Provided that the Speaker may, at the request of the member, from time to time extend that period for further periods of thirty days to enable the member to pursue an appeal against the decision, so, however, that extensions of time exceeding in the aggregate one hundred and fifty days shall not be given without the approval, signified by resolution, of the House.
If, on the determination of any appeal, such circumstances continue to exist and no further appeal is open to the member, or if, by reason of the expiration of any period for entering an appeal or notice thereof or the refusal of leave to appeal or for any other reason, it ceases to be open to the member to appeal, he shall forthwith vacate his seat.
If at any time before the member vacates his seat such circumstances aforesaid cease to exist, his seat shall not become vacant on the expiration of the period referred to in paragraph (a) of this subsection and he may resume the performance of his functions as a member.

36. Speaker

When the House first meets after any general election of Representatives and before it proceeds to the despatch of any other business, it shall elect a person to be the Speaker of the House; and if the office of Speaker falls vacant at any time before the next dissolution of Parliament, the House shall, as soon as practicable, elect another person to that office.
The Speaker may be elected either from among the members of the House who are not members of the Cabinet or Parliamentary Secretaries or from among persons who are not members of the House:Provided that a person who is not a member of the House shall not be elected as Speaker if—
1. he is not a Commonwealth citizen; or
2. he is a person disqualified to be elected or appointed as a Representative or Senator by virtue of subsection (1) of section 32 of this Constitution or by virtue of any law enacted in pursuance of subsection (2), (3) or (5) of that section.
no business shall be transacted in the House (other than the election of a Speaker) at any time when the office of Speaker is vacant.
a person shall vacate the office of Speaker—
1. in the case of a Speaker who was elected from among the members of the House—
  1. if he ceases to be a member of the House:Provided that the Speaker shall not vacate his office by reason only that he has ceased to be a member of the House on a dissolution of Parliament, until the House first meets after the dissolution; or
  2. if he becomes a member of the Cabinet or a Parliamentary Secretary;
2. in the case of a Speaker who was elected from among persons who were not members of the House—
  1. when the House first meets after any dissolution of Parliament;
  2. if he ceases to be a Commonwealth citizen;
  3. if any circumstances arise that would cause him to be disqualified to be elected or appointed as a Representative or Senator by virtue of subsection (1) of section 32 of this Constitution or by virtue of any law enacted in pursuance of subsection (2), (3) or (5) of that section; or
  4. if he is elected to be President.
If, by virtue of section 35(4) of this Constitution, the Speaker (being a Representative or a Senator) is required to cease to perform his functions as a member of the House he shall also cease to perform his functions as Speaker; and if the Speaker resumes the performance of his functions as a member of the House, in accordance with the provisions of that section, he shall also resume the performance of his functions as Speaker.
At any time when, by virtue of section 28(2) or section 35(4) of this Constitution, the Speaker is unable to perform the functions of his office, those functions shall, until he vacates his seat in the House or resumes the performance of the functions of his office, be performed by the Deputy Speaker or, if the office of Deputy Speaker is vacant or the Deputy Speaker is required to cease to perform his functions as a member of the House by virtue of section 28(2) or 35(4) of this Constitution, by such member of the House (not being a member of the Cabinet or a Parliamentary Secretary) as the House may elect for the purpose.

37. Deputy Speaker

When the House first meets after any general election of Representatives and before it proceeds to the despatch of any other business except the election of the Speaker, the House shall elect a member of the House, who is not a member of the Cabinet or a Parliamentary Secretary, to be Deputy Speaker of the House, and if the office of Deputy Speaker falls vacant at any time before the next dissolution of Parliament, the House shall, as soon as convenient, elect another member of the House to that office.
A person shall vacate the office of Deputy Speaker—
1. if he ceases to be a member of the House;
2. if he becomes a member of the Cabinet or a Parliamentary Secretary; or
3. if he is elected to be Speaker.
If, by virtue of section 35(4) of this Constitution, the Deputy Speaker is required to cease to perform his functions as a member of the House he shall also cease to perform his functions as Deputy Speaker and if the Deputy Speaker resumes the performance of his functions as a member of the House, in accordance with the provisions of that section, he shall also resume the performance of his functions as Deputy Speaker.
At any time when, by virtue of section 28(2) or section 35(4) of this Constitution, the Deputy Speaker is unable to perform the functions of his office, those functions shall, until he vacates his seat in the House or resumes the performance of the functions of his office, be performed by such member of the House (not being a member of the Cabinet or a Parliamentary Secretary) as the House may elect for the purpose.

38. Responsibility for elections

The Electoral Commission shall be responsible for the registration of voters for the purpose of electing Representatives and for the conduct of elections of Representatives and Senators and shall have such powers and other functions relating to such registration and elections as may be prescribed by law.
In the discharge of its functions the Electoral Commission shall be assisted by a Chief Elections Officer, whose office shall be a public office, and the Commission may give such directions as it considers necessary or expedient to the Officer, who shall comply with such directions or cause them to be complied with.
For the purposes of the exercise of his functions under subsection (2) of this section, the Chief Elections Officer may give such directions as he considers necessary or expedient to any registering officer, presiding officer or returning officer relating to the exercise by that officer of his functions under any law regulating the registration of voters or the conduct of elections, and any officer to whom directions are given under this subsection shall comply with those directions.
The Electoral Commission may make such reports to the President concerning the matters for which it is responsible under this section, or any draft bill or instrument that is referred to it under section 51 of this Constitution, as it may think fit and if the Commission so requests in any such report other than a report on a draft bill or instrument that report shall be laid before the House.
Without prejudice to the provisions of subsection (2) of this section, in the exercise of his functions under this section the Chief Elections Officer shall not be subject to the direction or control of any other person or authority.
The question whether the Chief Elections Officer has acted in accordance with the directions of the Electoral Commission shall not be enquired into in any court of law.

39. Clerk of House and his staff

There shall be a Clerk of the House.
The office of the Clerk of the House and the offices of the members of his staff shall be public offices.

40. Determination of questions of membership

The High Court shall have jurisdiction to hear and determine any question whether—
1. any person has been validly elected as a Representative or Senator;
2. any person has been validly appointed as a Senator;
3. any person who has been elected as Speaker from among persons who were not members of the House was qualified to be so elected or has vacated the office of Speaker; or
4. any member of the House has vacated his seat or is required, under the provisions of section 35(4) of this Constitution, to cease to perform any of his functions as a member of the House.
An application to the High Court for the determination of any question under subsection (1)(a) of this section may be made by any person entitled to vote in the election to which the application relates or by any person who was a candidate at that election or by the Attorney General and, if it is made by a person other than the Attorney General, the Attorney General may intervene and may then appear or be represented in the proceedings.
An application to the High Court for the determination of any question under subsection (1)(b) or (1)(c) of this section may be made by any elected member of the House or by the Attorney General and, if it is made by a person other than the Attorney General, the Attorney General may intervene and may then appear or be represented in the proceedings.
An application to the High Court for the determination of any question under subsection (1)(d) of this section may be made—
1. by any elected member of the House or by the Attorney General; or
2. in the case of the seat of an elected member of the House, by any person registered in some constituency as a voter for the purpose of selecting Representatives, and, if it is made by a person other than the Attorney General, the Attorney General may intervene and may then appear or be represented in the proceedings.
The circumstances and matter in which and the imposition of conditions upon which any application may be made to the High Court for the determination of any question under this section and the powers, practice and procedure of the High Court in relation to any such application shall be regulated by such provision as may be made by Parliament.
An appeal shall lie as of right to the Court of Appeal from any final decision of the High Court determining such a question as is referred to in subsection (1) of this section.
No appeal shall lie from any decision of the Court of Appeal in exercise of the jurisdiction conferred by subsection (6) of this section and no appeal shall lie from any decision of the High Court in proceedings under this section other than a final decision determining such a question as is referred to in subsection (1) of this section.
In the exercise of his functions under this section, the Attorney General shall not be subject to the direction or control of any other person or authority.

Part II. Legislation and Procedure of Parliament

41. Power to make laws

Subject to the provisions of this Constitution, Parliament may make laws for the peace, order and good government of Dominica.

42. Alteration of Constitution and Supreme Court Order

1. Parliament may alter any of the provisions of this Constitution or of the Supreme Court Order in the manner specified in the following provisions of this section.
2. A bill to alter this section, Schedule 1 to this Constitution or any of the provisions of this Constitution specified in Part I of that Schedule or any of the provisions of the Supreme Court Order specified in Part II of that Schedule shall not be regarded as being passed by the House unless on its final reading in the House the bill is supported by the votes of not less than three-quarters of all the elected Members of the House; and a bill to alter any of the provisions of this Constitution or, as the case may be, of the Supreme Court Order not so specified shall not be regarded as being passed by the House unless on its final reading in the House the bill is supported by the votes of not less than two-thirds of all the elected members of the House.
3. A bill to alter any of the provisions of this Constitution or the Supreme Court Order shall not be submitted to the President for his assent—
  1. unless there has been an interval of not less than ninety days between the introduction of the bill in the House and the beginning of the proceedings in the House on the second reading of the bill; and
  2. if the bill provides for the alteration of this section, Schedule 1 to this Constitution or any of the provisions of this Constitution or the Supreme Court Order specified in that Schedule, unless after it has been passed by the House the bill has been approved on a referendum, held in accordance with such provision as may be made in that behalf by Parliament, by a majority of the votes cast on that referendum.
4. The provisions of paragraph (b) of subsection (3) of this section shall not apply in relation to any bill to alter—
  1. section 106 of the Constitution in order to give effect to any international agreement to which Dominica is a party concerning appeals from any Court having jurisdiction in Dominica to the Caribbean Court of Justice;
  2. any of the provisions of the Supreme Court Order in order to give effect to any international agreement to which Dominica is a party relating to the Supreme Court or any other court (or any officer or authority having functions in respect of any such court) constituted in common for Dominica and for other countries also parties to the agreement.
5. Every person who, at the time when the referendum is held, would be entitled to vote for the purpose of electing Representatives shall be entitled to vote on a referendum held for the purposes of this section in accordance with such procedures as may be prescribed by Parliament for the purposes of the referendum and no other person shall be entitled so to vote.
6. In any referendum for the purposes of this section the votes shall be given by ballot in such manner as not to disclose how any particular person votes.
7. The conduct of any referendum for the purposes of this section shall be the responsibility of the Electoral Commission and the provisions of sections 38 and 51 of this Constitution shall apply in relation to the referendum and legislation relating thereto as they apply in relation to the exercise of their functions with respect to elections of Representatives and legislation relating thereto.

8

1. A bill to alter any of the provisions of this Constitution or the Supreme Court Order shall not be submitted to the President for his assent unless it is accompanied by a certificate under the hand of the Speaker that the provisions of subsections (2) and (3) of this section have been complied with.
2. The certificate of the Speaker under this subsection shall be conclusive that the provisions of subsections (2) and (3) of this section have been complied with and shall not be enquired into in any court of law.
3. In this subsection references to the Speaker shall, if the person holding the office of Speaker is for any reason unable to perform the functions of his office and no other person is performing them, include references to the Deputy Speaker.
In this section and Schedule 1 to this Constitution references to any of the provisions of this Constitution or the Supreme Court Order include references to any law that alters that provision.

43. Freedom of speech

Without prejudice to any provision made by Parliament relating to the powers, privileges and immunities of the House and its committees, or the privileges and immunities of the members and officers of the House and of other persons concerned in the business of the House or its committees, no civil or criminal proceedings may be instituted against any member of the House for words spoken before, or written in a report to, the House or a committee thereof or by reason of any matter or thing brought by him therein by petition, bill, resolution, motion or otherwise.

44. Oath by members

Every member of the House shall, before taking his seat in the House, take and subscribe before the House the oath of allegiance but a member may before taking that oath take part in the election of the Speaker.
Any person elected to the office of Speaker shall, if he has not already taken and subscribed the oath of allegiance under subsection (1) of this section, take and subscribe that oath before the House before entering upon the duties of his office.

45. Presiding

There shall preside at any sitting of the House—

the Speaker;
in the absence of the Speaker, the Deputy Speaker; or
in the absence of the Speaker and the Deputy Speaker, such member of the House (not being a member of the Cabinet or a Parliamentary Secretary) as the House may elect for that purpose.

46. Voting

Save as otherwise provided in sections 17(2), 17(4), 19(5), 25(1) and 42(2) of this Constitution, any question proposed for decision in the House shall be determined by a majority of the votes of the members present and voting:Provided that questions of no confidence in the Government shall be determined by a majority of the votes of all the elected members of the House.
A question shall not be regarded as having been validly determined by a vote in the House unless at least twelve members, or such greater number of members as Parliament may prescribe, take part in the voting.
The references to all the members of the House in sections 17(2), 127(4), 19(5) and 25(1) of this Constitution shall not include the Speaker if he was elected from among persons who were not members of the House.
A Speaker who was elected from among the members of the House or other member presiding in the House shall not vote unless on any question the votes are equally divided, in which case he shall have and exercise a casting vote:Provided that in the case of the question of the final reading of such a bill as is referred to in section 42(2) of this Constitution he shall, if he is an elected member of the House, have an original vote but no casting vote.
A Speaker who was elected from among persons who were not members of the House shall have neither an original nor a casting vote.
If, upon any question before the House, the votes of the members are equally divided and no casting vote may be exercised, the motion shall be lost.

47. Effect of vacancies, etc

The House may act notwithstanding any vacancy in its membership (including any vacancy not filled when the House first meets after any general election of Representatives or Senators) and the presence or participation of any person not entitled to be present at or to participate in the proceedings of the House shall not invalidate those proceedings.

48. Penalty for sitting if unqualified

Any person who sits or votes in the House knowing or having reasonable grounds for knowing that he is not entitled to do so shall be guilty of an offence and liable to a fine not exceeding one hundred dollars, or such other sum as may be prescribed by Parliament, for each day on which he so sits or votes in the House.
Any prosecution for an offence under this section shall be instituted in the High Court and shall not be so instituted except by the Director of Public Prosecutions.

49. Mode of exercise of legislative power

The power of Parliament to make laws shall be exercised by bills passed by the House and assented to by the President.
When a bill is submitted to the President for assent in accordance with the provisions of this Constitution he shall signify that he assents.
When the President assents to a bill that has been submitted to him in accordance with the provisions of this Constitution the bill shall become law and the President shall thereupon cause it to be published in the Official Gazette as law.
No law made by Parliament shall come into operation until it has been published in the Official Gazette but Parliament may postpone the coming into operation of any such law and may make laws with retrospective effect.

50. Restrictions with regard to certain financial measures

Except on the recommendation of the President signified by a Minister, the House shall not—

proceed upon any bill (including any amendment to a bill) that, in the opinion of the person presiding, makes provision for any of the following purposes:
1. for the imposition of taxation or the alteration of taxation otherwise than by reduction;
2. for the imposition of any charge upon the Consolidated Fund or any other public fund of Dominica or the alteration of any such charge otherwise than by reduction;
3. for the payment, issue or withdrawal from the Consolidated Fund or any other public fund of Dominica of any monies not charged thereon or any increase in the amount of such payment, issue or withdrawal; or
4. for the composition or remission of any debt due to the Government; or
proceed upon any motion (including any amendment to a motion) the effect of which, in the opinion of the person presiding, would be to make provision for any of those purposes.

51. Scrutiny of electoral legislation

Every proposed bill and every proposed regulation or other instrument having the force of law relating to the registration of electors for the purpose of electing Representatives or to the election of Representatives and Senators shall be referred to the Electoral Commission and to the Chief Elections Officer at such time as shall give them sufficient opportunity to make comments thereon before the bill is introduced in the House or, as the case may be, the regulation or other instrument is made.

52. Regulation of procedure in House

Subject to the provisions of this Constitution, the House may regulate its own procedure and may in particular make rules for the orderly conduct of its own proceedings.

Part III. Summoning, Prorogation and Dissolution

53. Sessions

Each session of Parliament shall be held at such place within Dominica and shall commence at such time as the President may by Proclamation appoint.
There shall be a session of Parliament once at least in every year, so that a period of six months shall not intervene between the last sitting of the House in one session and the first sitting thereof in the next session.

54. Prorogation and dissolution

The President may at any time prorogue or dissolve Parliament.
Subject to the provisions of subsection (3) of this section Parliament, unless sooner dissolved, shall continue for five years from the date of the first sitting of the House after any dissolution and shall then stand dissolved.
At any time when Dominica is at war, Parliament may extend the period of five years specified in subsection (2) of this section for not more than twelve months at a time:Provided that the life of Parliament shall not be extended under this subsection for more than five years.
In the exercise of his powers to dissolve Parliament, the President shall act in accordance with the advice of the Prime Minister:Provided that if the office of the Prime Minister is vacant and the President, acting in his own deliberate judgment, considers that there is no prospect of his being able within a reasonable time to appoint to that office a person who can command the support of the majority of the elected Members of the House, the President shall dissolve Parliament.
If, after a dissolution of Parliament and before the holding of the general election of Representatives, the Prime Minister advises the President that, owing to the existence of a state of war or of a state of emergency in Dominica, it is necessary to recall Parliament, the President shall summon the Parliament that has been dissolved to meet, but, unless the life of Parliament is extended under the provisions of subsection (3) of this section, the general election of Representatives shall proceed and the Parliament that has been recalled shall, if not sooner dissolved, again stand dissolved on the date appointed for the nomination of candidates in that general election.

55. Holding of elections

A general election of Representatives or, where provision has been made by Parliament for the election of the Senators, a general election of Senators shall be held at such time within three months after any dissolution of Parliament as the President may appoint for that election.
As soon as practicable after the holding of any general election of Representatives the President shall, unless provision has been made by Parliament for their election, proceed to the appointment of the Senators in accordance with the provisions of section 34 of this Constitution.
Where the seat of a Representative or Senator falls vacant otherwise than by reason of a dissolution of the House—
1. if the vacant seat is that of a Representative, a by-election shall be held;
2. if the vacant seat is that of a Senator who has been appointed, an appointment shall be made; or
3. if the vacant seat is that of a Senator who has been elected, such electoral proceedings as may be prescribed shall be taken,
to fill the vacancy within three months of the occurrence of the vacancy unless the House is sooner dissolved.

Part IV. Constituency Boundaries and Electoral Commissions

56. Constituency Boundaries Commission and Electoral Commission

There shall be a Constituency Boundaries Commission and an Electoral Commission for Dominica (each of which is hereinafter in this section referred to as a Commission).
The Constituency Boundaries Commission shall consist of—
1. the Speaker, as chairman;
2. two members appointed by the President, acting in accordance with the advice of the Prime Minister; and
3. two members appointed by the President, acting in accordance with the advice of the Leader of the Opposition.
The Electoral Commission shall consist of—
1. a chairman appointed by the President, acting in his own deliberate judgment;
2. two members appointed by the President, acting in accordance with the advice of the Prime Minister; and
3. two members appointed by the President, acting in accordance with the advice of the Leader of the Opposition:
Provided that for the purposes of paragraph (b) or (c) of this subsection (and without prejudice to the provisions of section 63(2) of this Constitution), the President shall act in his own deliberate judgment and without the advice of the Prime Minister or, as the case may be, the advice of the Leader of the Opposition, if, having requested that advice, he does not receive it within thirty days.
A person shall not be qualified to be appointed as a member of a Commission if he is a member of the House or a public officer nor, in the case of the chairman of the Electoral Commission, unless he holds one of the specified qualifications and has held one or other of those qualifications for a total period of not less than seven years.
Subject to the provisions of this section, a member of a Commission who has been appointed shall vacate his office—
1. when the House first meets after the next dissolution of Parliament after his appointment;
2. if any circumstances arise that, if he were not a member of the Commission, would cause him to be disqualified for appointment as such.
A member of a Commission who has been appointed may be removed from office but only for inability to discharge the functions thereof (whether arising from infirmity of mind or body or any other cause) or for misbehaviour, and he shall not be so removed except in accordance with the provisions of this section.
A member of a Commission who has been appointed shall be removed from office by the President if the question of his removal from office has been referred to a tribunal appointed under subsection (8) of this section and the tribunal has recommended to the President that he ought to be removed from office for inability as aforesaid or for misbehaviour.
If the Prime Minister, in the case of a member of the Constituency Boundaries Commission appointed in accordance with paragraph (b) of subsection (2) of this section, or the Leader of the Opposition, in the case of a member of that Commission appointed in accordance with paragraph (c) of that subsection, represents to the President or if, in the case of the chairman of the Electoral Commission, the President, acting in his own deliberate judgment, and, in the case of any other member of that Commission, the President, acting after consultation with the Prime Minister and the Leader of the Opposition, considers that the question of removal of a member of the Commission from office for inability as aforesaid or for misbehaviour ought to be investigated, then—
1. the President shall appoint a tribunal, which shall consist of a chairman and not less than two other members, selected by the Chief Justice, from among persons who hold or have held office as a judge of a court having unlimited jurisdiction in civil and criminal matters in some part of the Commonwealth or a court having jurisdiction in appeals from any such court; and
2. the tribunal shall enquire into the matter and report on the facts thereof to the President and recommend to the President whether the member of the Commission ought to be removed from office for inability as aforesaid or for misbehaviour.
A Commission may regulate its own procedure, and, with the consent of the Prime Minister, confer powers and impose duties on any public officer or on any authority of the Government for the purpose of the discharge of its functions.
A Commission may, subject to its rules of procedure, act notwithstanding any vacancy in its membership and its proceedings shall not be invalidated by the presence or participation of any person not entitled to be present at or to participate in those proceedings:Provided that any decision of the Commission shall require the concurrence of a majority of all its members.
In the exercise of its functions under this Constitution a Commission shall not be subject to the direction or control of any other person or authority.

Part V. Delimitation of Constituencies

57. Review of constituency boundaries

The Electoral Boundaries Commission (hereinafter in this section referred to as the Commission) shall, in accordance with the provisions of this section, review the number and boundaries of the constituencies into which Dominica is divided and submit to the President reports either—
1. showing the constituencies into which it recommends that Dominica should be divided in order to give effect to the rules set out in Schedule 2 to this Constitution; or
2. stating that, in its opinion, no alteration is required to the existing number or boundaries of constituencies in order to give effect to those rules.
Reports under subsection (1) of this section shall be submitted by the Commission at intervals of not less than two nor more than five years.
As soon as may be after the Commission has submitted a report under subsection (a) of this section, the Prime Minister shall lay before the House for its approval the draft of an order by the President for giving effect, whether with or without modifications, to the recommendations contained in the report, and that draft order may make provision for any matters that appear to the Prime Minister to be incidental to or consequential upon the other provisions of the draft.
Where any such draft order gives effect to any such recommendations with modifications, the Prime Minister shall lay before the House together with the draft order a statement of the reasons for the modifications.
If the motion for the approval of any draft order laid before the House under this section is rejected by the House, or is withdrawn by leave of that House, the Prime Minister shall amend the draft order and lay the amended draft before the House.
If any draft order laid before the House under this section is approved by resolution of the House, the Prime Minister shall submit it to the President who shall make an order in terms of the draft; and that order shall come into force upon the next dissolution of Parliament after it is made.
The question of the validity of any order by the President purporting to be made under this section and reciting that a draft thereof has been approved by resolution of the House shall not be enquired into in any court of law.
Parliament may provide for an appeal to the High Court against a recommendation or statement made to the President by the Commission in pursuance of paragraph (a) or (b) of subsection (1) of this section.