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The law of Antigua and Barbuda consists of constitutional, statutory, and common law. The highest law in the country is the Constitution of Antigua and Barbuda, from which all other laws of the country derive their authority. Antigua and Barbuda has a Westminster style common law legal system with a written constitution that provides for a parliamentary democracy. Antigua and Barbuda has a system of judicial review of primary legislation.

Constitutional law

The Constitution of Antigua and Barbuda was adopted by the Antigua and Barbuda Constitution Order of 1981, going into force on 1 November. The Constitution is the source of power of the executive branch, the judicial branch, and the legislative branch. The Antigua and Barbuda High Court and other superior courts excercise the power of judicial review and may strike down legislation they deem illegal. The Constitution may only be amended by referendum after the approval of both houses of Parliament. Only citizens of Antigua and Barbuda may vote in these referendums.

Statute law

Statute law is made by Parliament. Acts of the Parliament of Antigua and Barbuda are numbered by year, and are usually divided into sections. Bills may be introduced in either house of parliament, except for money bills that may only be introduced in the House of Representatives. All laws that were in effect in the Associated State of Antigua were transferred to the newly independent-Antigua and Barbuda, unless they were incompatible with the Constitution. As the country underwent a change of the official name, the Governor-General was permitted for one year to amend any legislation that did not the new country's name in it. The statute law of Antigua and Barbuda includes legislation passed by the former Parliament of Antigua (1967–1981) and the former Legislative Council of Antigua (–1967).

Parliament may not amend the Barbuda Local Government Act without the consent of the Barbuda Council through a resolution, under section 123 of the Constitution.

Secondary legislation

According to section 46 of the Constitution, Parliament may make laws for the country. Parliament has delegated the ability to make legislation to various agencies and entities, this legislation being known as statutory instruments. In addition, by-laws may be made under an Act of Parliament, such as by-laws of the Barbuda Council.

Common law

Common law was extended to Antigua and Barbuda by the Common Law (Declaration of Application) Act, 1705. Under the Constitution, any person may appeal to the High Court if they deem that portions of the Constitution are being violated. Questions may also be referred to the High Court if a subordinate court believes that a ruling would have a significant impact on the law. Decisions may be appealed to the Supreme Court of the Eastern Caribbean Supreme Court, and, further, to the Judicial Committee of the Privy Council.

See also

• Judiciary of Antigua and Barbuda
• Parliament of Antigua and Barbuda
• Cabinet of Antigua and Barbuda

References

1. ^ "Antigua and Barbuda: Constitution, 1981" (PDF). laws.gov.ag. Retrieved 2023-10-30.
2. ^ "Acts".
3. "Antigua and Barbuda: Constitution, 1981 Chapter X" (PDF). laws.gov.ag. Retrieved 2023-10-30.
4. "Statutory Instruments".
5. "Sub-Laws".
6. "Common Law (Declaration of Application) Act 1705". www.commonlii.org. Retrieved 2024-12-15.
7. Section 119, Constitution of Antigua and Barbuda (PDF).
8. Section 120, Constitution of Antigua and Barbuda (PDF).

External links

• Law of Antigua and Barbuda