Grenada 1973 Constitution (reinstated 1991, reviewed 1992)

Chapter IX. Miscellaneous

106. Supreme law

This Constitution is the supreme law of Grenada 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.

107. Local government

1. There shall be a Council for Carriacou and Petit Martinique, which shall be the principal organ of local government in those islands.
2. The Council shall have such membership and functions as Parliament may prescribe.

108. Certain questions not to be enquired into in any court

Where by this Constitution the Governor-General is required to perform any function in accordance with the advice of the Cabinet, the Prime Minister or any other Minister or the Leader of the Opposition, the question whether the Governor-General has received or acted in accordance with such advice shall not be enquired into in any court of law.

109. Resignations

1. Any person who is appointed or elected to any office established by this Constitution or any office of Minister established under this Constitution may resign from that office by writing under his hand addressed to the person or authority by whom he was appointed or elected:Provided that-
   1. the resignation of a person from the office of President or Deputy President of the Senate shall be addressed to the Senate;
   2. the resignation of a person from the office of Speaker or Deputy Speaker of the House of Representatives shall be addressed to the House; and
   3. the resignation of any person from the office of Senator or member of the House of Representatives shall be addressed to the President of the Senate or the Speaker of the House, as the case may be.
2. The resignation of any person from any such office as aforesaid shall take effect when the writing signifying the resignation is received by the person or authority to whom it is addressed or any person authorised by that person or authority to receive it.

110. Re-appointments and concurrent appointments

1. 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 vest 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.

111. Interpretation

1. In this Constitution, unless the context otherwise requires-
   • “Commonwealth citizen” has such meaning as Parliament may by law prescribe;
     
     “dollars” means dollars in the currency of Grenada;

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     “financial year” means any period of twelve months beginning on 1st January in any year or such other date as Parliament may prescribe;

     “Gazette” means any Gazette published by order of the Government of Grenada;

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

     “Parliament” means the Parliament of Grenada;

     “oath” includes affirmation;

     “oath of allegiance” means the oath of allegiance set out in Schedule 3 to this Constitution;

     “oath of office” means, in relation to any office, the oath for the due execution of that office set out in Schedule 3 to this Constitution;

     “the Police Force” means the Royal Grenada Police Force established by the Police Ordinance and includes any other police force established by or under a law enacted by Parliament to succeed to the functions of the Royal Grenada 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 of the Crown in a civil capacity in respect of the government of Grenada;

     “session” means the period beginning when a House of Parliament first meets after the commencement of this Constitution or 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, in relation to a House of Parliament, the Period during which the House is sitting continuously without adjournment and includes any period during which it is in committee.

2. In this Constitution reference to an office in the public service shall not be construed as including-
   1. references to the office of President or Deputy President of the Senate, the Speaker or Deputy Speaker of the House of Representatives, the Prime Minister or any other Minister, a Parliamentary Secretary, a Senator or a member of the House of Representatives;
   2. reference to the office of a member of any Commission established by this Constitution, 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 of the Court of Appeal or judge of the High Court;
   4. save in so far 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 references to the Court of Appeal, the High Court and the Judicial and Legal Services Commission are references to the Court of Appeal, the High Court and the Judicial and Legal Services Commission established by the Court Order.
4. In this Constitution references to the Courts Order have the meaning in section 39(9) of this Constitution.
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 specified person or authority, no person may, without his consent, be nominated for election to any office or be appointed to or to act therein.
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 or the Director of Audit 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 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(a) (as applied by subsection (15) 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. Any reference in this Constitution to a law made before the coming into operation of this Constitution shall, unless the context otherwise requires, be construed as a reference to that law as it had effect immediately before the coming into operation of this Constitution.
14. Any reference in this Constitution to a law that amends or replaces any other law or any provision of any other law shall be construed as including a reference to a law that modifies, re-enacts, with or without amendment or modification, suspends, repeals, adds new provisions to or makes different provision in lieu of that other law or that provision.
15. 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 United Kingdom Parliament.