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Constitution of Dominica

Drafting Dominica's Constitution

The Constitution of Dominica serves as the supreme law of the Commonwealth of Dominica, governing its political framework, fundamental rights, and governance principles. Officially adopted on November 3, 1978, the day of Dominica’s independence from the United Kingdom, the constitution establishes the island nation as a parliamentary democracy within the Commonwealth.

Historical Background of the Dominica Constitution

The constitution was created during Dominica’s transition from a British colony to an independent state. It replaced earlier legislative frameworks established under colonial rule, incorporating principles of self-governance and democracy. The drafting process involved extensive consultations with local leaders and British authorities to ensure the constitution would reflect the aspirations of the Dominican people while adhering to international governance standards.

Structure and Key Features

The constitution is divided into chapters that outline the framework for governance, rights, and the separation of powers. Key sections include:

  • Preamble The preamble highlights Dominica’s commitment to democracy, justice, equality, and freedom. It underscores the importance of environmental protection, cultural heritage, and the collective well-being of its citizens.
  • Fundamental Rights and Freedoms Chapter 1 guarantees fundamental rights and freedoms to all individuals. These include the right to life, liberty, freedom of expression, protection from discrimination, and access to justice. The constitution also safeguards property rights and freedom of religion, ensuring a fair and inclusive society.
  • The Executive The executive branch comprises the President, who serves as the head of state, and the Prime Minister, the head of government. The President is elected by the House of Assembly, while the Prime Minister is usually the leader of the majority party. The cabinet, composed of ministers appointed by the Prime Minister, assists in the administration of government policies.
  • The Legislature The unicameral House of Assembly is Dominica’s legislative body, responsible for enacting laws. It includes elected representatives from constituencies and appointed senators. The constitution provides for free and fair elections, with a voting system based on universal adult suffrage.
  • The Judiciary The judiciary operates independently of the executive and legislature, ensuring the rule of law and the protection of constitutional rights. The Eastern Caribbean Supreme Court serves as the apex judicial body for Dominica, with provisions for appeals to the Caribbean Court of Justice (CCJ) on constitutional matters.

Fundamental Rights and Freedoms

The constitution enshrines the protection of fundamental rights and freedoms, including:

  • Right to Life: Guaranteeing the sanctity of life.
  • Freedom of Expression: Ensuring individuals can express opinions without undue restriction.
  • Freedom of Movement: Granting citizens the ability to travel within and outside the country.
  • Protection Against Discrimination: Safeguarding against discrimination based on race, gender, or religion.

Separation of Powers

The governance system is built on the separation of powers among the executive, legislative, and judicial branches:

  • The President: The ceremonial head of state, elected by the House of Assembly.
  • The Prime Minister and Cabinet: Responsible for executive governance and policymaking.
  • The House of Assembly: A unicameral legislature tasked with enacting laws and approving the national budget.
  • The Judiciary: An independent body ensuring justice is administered impartially, with the Eastern Caribbean Supreme Court serving as the apex court for constitutional matters.

Governance and Legislative Framework

The Constitution of Dominica establishes a comprehensive framework for governance and public administration, promoting efficiency, integrity, and inclusivity.

Public administration is supported by the Public Service Commission, which oversees appointments and promotions in the civil service, ensuring meritocracy and accountability. Complementing this is the Integrity in Public Office Act, which mandates public officials to declare their assets, reinforcing transparency and preventing corruption.

The constitution also facilitates local governance, allowing for legislation that empowers village councils and local authorities. These structures enable grassroots participation in managing local resources and development initiatives.

The constitution provides for emergency powers in times of national crises, allowing the executive to maintain public order while safeguarding fundamental rights to the extent possible.

The framework for democratic participation is reinforced through electoral provisions, which guarantee free and fair elections. The Electoral Commission ensures impartiality in the electoral process, while universal suffrage grants voting rights to citizens aged 18 and above.

This governance and legislative framework upholds democratic principles and emphasises sustainable development and cultural inclusivity. It ensures that the island’s unique characteristics are preserved while fostering growth and participation.

Overview of Constitutional Chapters

The chapters below set out the legal foundation of Dominica’s governance, covering the rights of citizens, the powers of government, the roles of institutions, and essential provisions relating to finance, public service, citizenship, and the structure of Parliament and the Judiciary.

Chapter I: Protection of Fundamental Rights and Freedoms

  1. Fundamental rights and freedoms
  2. Protection of the right to life
  3. Protection of the right to personal liberty
  4. Protection from slavery and forced labour
  5. Protection from inhuman treatment
  6. Protection from deprivation of property
  7. Protection from arbitrary search or entry
  8. Provisions to secure protection of law
  9. Protection of freedom of conscience
  10. Protection of freedom of expression
  11. Protection of freedom of assembly and association
  12. Protection of freedom of movement
  13. Protection from discrimination on the grounds of race, etc.
  14. Derogations from fundamental rights and freedoms
  15. Protection of persons detained under emergency laws
  16. Enforcement of protective provisions
  17. Interpretation and savings

Chapter II: The President

  1. Establishment of the office of President
  2. Qualifications for the office of President
  3. Election of President
  4. Tenure of office of President
  5. Vacancy in the office of President
  6. Discharge of functions of President during absence, illness, etc.
  7. Oaths to be taken by President
  8. Remuneration of President
  9. Immunities of President
  10. President’s personal staff

Chapter III: Parliament

  1. Establishment of Parliament
  2. Composition of House of Assembly
  3. Qualifications for Representatives and Senators
  4. Disqualifications for Representatives and Senators
  5. Tenure of office of Representatives and Senators
  6. Speaker and Deputy Speaker
  7. Determination of questions of membership
  8. Clerk to the House of Assembly

Chapter IV: Powers and Procedure of Parliament

  1. Power to make laws
  2. Mode of exercising legislative power
  3. Oath of allegiance
  4. Presiding in House of Assembly
  5. Voting
  6. Unqualified persons sitting or voting
  7. Regulation of procedure in House of Assembly
  8. Freedom of speech
  9. Privileges and immunities of House of Assembly
  10. Public access to proceedings
  11. Introduction of bills
  12. Alteration of Constitution and Supreme Court Order

Chapter V: Executive Powers

  1. Executive authority of Dominica
  2. Cabinet
  3. Appointment of Ministers
  4. Tenure of office of Ministers
  5. Performance of functions of Prime Minister during absence, illness, etc.
  6. Secretary to the Cabinet

Chapter VI: Finance

  1. Consolidated Fund
  2. Withdrawals from Consolidated Fund
  3. Authorization of expenditure
  4. Contingencies Fund
  5. Remuneration of certain officers
  6. Public debt
  7. Audit of public accounts
  8. Public Accounts Committee

Chapter VII: The Public Service

  1. Public Service Commission
  2. Appointments, etc., of public officers
  3. Appeals in disciplinary cases
  4. Pensions laws and protection of pension rights
  5. Retirement age

Chapter VIII: The Judiciary

  1. Supreme Court
  2. Jurisdiction of High Court
  3. Appeals to Court of Appeal
  4. Appeals to Her Majesty in Council
  5. Interpretation

Chapter IX: Citizenship

  1. Persons who become citizens on 3rd November 1978
  2. Persons entitled to be registered as citizens
  3. Acquisition of citizenship
  4. Dual citizenship
  5. Deprivation of citizenship

Chapter X: Miscellaneous

  1. Interpretation
  2. Power to make laws
  3. Repeals
  4. Transitional provisions
  5. Commencement

Legacy and Importance

The Constitution of Dominica is not merely a legal document but a cornerstone of national identity and governance. It reflects the island’s journey toward self-determination and its vision for a just and equitable society. By enshrining democratic principles, human rights, and sustainable development, the constitution continues to guide Dominica’s progress and resilience as a nation.