Saint Lucia Constitution Order 1978

Saint Lucia Constitution Order 1978
Name	Saint Lucia Constitution Order 1978
Long title	Constitution of Saint Lucia
Enacted by	United Kingdom Parliament
Date enacted	22 February 1979
Date commenced	22 February 1979
Jurisdiction	Saint Lucia
System	Parliamentary system
Executive	Prime Minister of Saint Lucia
Legislature	Parliament of Saint Lucia
Judiciary	High Court of Justice of Saint Lucia and the Eastern Caribbean Supreme Court

Saint Lucia Constitution Order 1978 is the instrument that established the supreme law of Saint Lucia upon independence from the United Kingdom in 1979, creating the legal framework for institutions including the Prime Minister of Saint Lucia, the Parliament of Saint Lucia, and the Eastern Caribbean Supreme Court. The Order implements a written constitution that defines the relationship between the Crown represented by the Monarch of the United Kingdom, the executive, the legislature, and the judiciary, and that articulates fundamental rights and procedures for amendment and interpretation.

Background and Enactment

The Order arose from constitutional discussions between the United Kingdom, colonial administrators in Castries, Saint Lucia, local political parties such as the Saint Lucia Labour Party and the United Workers Party (Saint Lucia), and constitutional commissions modeled on practices from the West Indies Federation and constitutional developments in Jamaica, Trinidad and Tobago, and Barbados. Debates in the House of Commons and the Privy Council of the United Kingdom preceded the adoption of instruments similar to the Dominion of New Zealand Constitution Act 1852 and the Canada Act 1982 in scope, while regional legal integration with the Organization of Eastern Caribbean States and the Caribbean Community influenced transitional arrangements. The Order was made under UK powers and came into force at independence on 22 February 1979, succeeding earlier colonial orders such as the Saint Lucia (Constitution) Order 1967.

Constitutional Structure and Fundamental Principles

The Order establishes a written constitution structured in chapters that set out the office of the Monarch of the United Kingdom as head of state represented locally by the Governor-General of Saint Lucia, the composition of the Parliament of Saint Lucia with its House of Assembly of Saint Lucia, and judicial institutions including the Eastern Caribbean Supreme Court and references to the Judicial Committee of the Privy Council. It embeds principles drawn from instruments like the Universal Declaration of Human Rights and regional instruments such as the CARICOM Treaty while specifying the supremacy of the constitution, separation of powers, and provisions for emergency powers influenced by precedents in Grenada and Barbados.

Head of State and Executive Powers

The Order defines the Monarch of the United Kingdom as head of state with duties exercised by the Governor-General of Saint Lucia appointed on advice of the Prime Minister of Saint Lucia; executive authority is vested nominally in the Crown and practically in the Cabinet of Saint Lucia headed by the Prime Minister of Saint Lucia. It prescribes the appointment and removal of ministers, reference to ministerial responsibility familiar from Westminster system practice, and reserve powers comparable to those discussed in constitutional crises such as the Australian constitutional crisis of 1975 and the King–Byng Affair. Provisions also cover public offices modeled after the Civil Service Commission (Saint Lucia) and appointments to offices mentioned in the Judicial and Legal Services Commission context.

Legislature and Legislative Process

Legislative authority is vested in the Parliament of Saint Lucia consisting of the Governor-General of Saint Lucia and the House of Assembly of Saint Lucia; the Order sets out the electoral basis, term lengths, and procedures for the passage of bills, assent, and promulgation. It details the role of the Speaker of the House of Assembly of Saint Lucia, procedures for money bills, and safeguards against undue use of emergency legislation, drawing on practices in Trinidad and Tobago, Barbados, and the United Kingdom. Provisions for dissolution, by-elections, and legislative sittings reference norms similar to those in the House of Commons and regional parliaments such as the Parliament of Jamaica.

Judiciary and Constitutional Review

The Order establishes judicial institutions including the High Court of Justice of Saint Lucia and the Eastern Caribbean Supreme Court and preserves a final appellate route to the Judicial Committee of the Privy Council in London, while allowing for regional jurisprudential development. It guarantees judicial independence through tenure protections, appointment procedures, and disciplinary mechanisms analogous to those in the Constitution of Barbados and the Eastern Caribbean Court of Appeal practice. The constitution provides for constitutional interpretation and enforcement of rights by the judiciary, permitting declarations of incompatibility and remedies informed by cases from the Privy Council and the Eastern Caribbean Supreme Court.

Fundamental Rights and Freedoms

A chapter enumerates fundamental rights and freedoms including freedom of expression, assembly, association, protection from arbitrary detention, and equality before the law, echoing rights protected under instruments such as the European Convention on Human Rights in language and the Universal Declaration of Human Rights in spirit. It frames limitations permitted by law and references due process safeguards found in constitutions like those of Trinidad and Tobago and Guyana, and provides mechanisms for redress through the courts, human rights commissions, and civil remedies influenced by jurisprudence from the Privy Council and regional courts.

Amendment Procedures and Constitutional Change

The Order prescribes amendment procedures with varying thresholds: ordinary legislative change for some provisions and special entrenched procedures for protections such as fundamental rights and the tenure of the Governor-General of Saint Lucia, reflective of entrenchment models in the Constitution of Canada and debates in the West Indies Federation. It also contemplates constitutional review, emergency amendment measures, and potential accession to regional appellate reform movements such as proposals replacing the Judicial Committee of the Privy Council with the Caribbean Court of Justice. These procedures have guided subsequent constitutional practice in Saint Lucia and informed dialogue with regional organizations including CARICOM and the Organization of Eastern Caribbean States.

Category:Constitutions of sovereign states