Parliament of Saint Lucia
Table of Contents
History of the Saint Lucian Constitution
St. Lucia, which had been part of the British Empire’s Caribbean territories, achieved independence from England on February 11, 1979.
The country’s constitution reflects the island’s history as a colony of England and its current legislative system is heavily influenced by the Westminster system of parliamentary democracy.*
The West Indies Act 1967
In 1967 the U.K. Parliament adopted the West Indies Act 1967, also known as the Associated Statehood Act of 1967.
The Act established the West Indian Associated States (WIAS) and gave associated status to several British colonies in the Caribbean, among them St. Lucia.
On the appointed day [Antigua; Dominica; Grenada; Saint Christopher, Nevis and Anguilla; Saint Lucia; and Saint Vincent] shall assume …. a status of association with the United Kingdom. [Each of these territories shall] be known as an associated state.
- Section 1
Under the act, the islands were granted control over their internal affairs. The U.K. remained responsible for foreign affairs and defense and the British monarch remained the head of state.
Her Majesty’s Government in the United Kingdom shall have no responsibility for the government of any associated state except in respect of any matter …. relating to defence …. external affairs …. nationality or citizenship; and any matter relating to the succession of the throne.
-Section 2
[Unless it explicitly declares that it deals with defence, external affairs, nationality or citizenship, or if it deals with succession of the throne] no Act of the Parliament of the United Kingdom passed on or after the appointed day shall extend, or be deemed to extend, to an associated state as part of its law, unless it is expressly declared in that Act that that state has requested and consented to its being enacted.
-Section 3
Image: The intro to the West Indies Act 1967 and the royal seal.
Importantly, the West Indies Act 1967 stated that the monarch could, by issuing an Order in Council, terminate the status of association between any of these Caribbean colonies and the United Kingdom, effectively granting them full independence.
Her Majesty may at any time, by Order in Council made in respect of any associated state, terminate the status of association of the state with the United Kingdom as from such date as may be specified in the Order.
-Section 10(2)
Furthermore, the Act stated that the monarch could, by issuing an Order in Council, create courts for the Caribbean territories in question:
Her Majesty may by Order in Council …. provide for the establishment of one or more courts which …. shall be courts constituted in common for the territories to which …. this Act applies and may by that Order provide that any such court shall, in relation to any of those territories, have such jurisdiction and powers as may be so specified or determined.
-Section 6(1)
The act also specified that the monarch had the authority to alter the constitution of any associated state, if that state should request it, by issuing an Order in Council.
Where the constitution of an associated state provided by a Constitution Order has come into effect, Her Majesty may at any time, by Order in Council made at the request and with the consent of that state, alter that constitution or any part of that constitution, or alter any law which alters that constitution or any part of it.
-Section 5(4)
The Saint Lucian General Election of May 1974
The Saint Lucian general election of May 1974 would return incumbent John Compton as the island’s premier.
Compton’s United Workers Party had run on a manifesto that included a commitment to seeking independence for the Caribbean island.
Compton’s party won 10 out of 17 seats in the House of Assembly and secured a majority of roughly 52% of the votes cast.
The largest opposition party, the Saint Lucia Labour Party (SLP), attained roughly 44% of the votes cast and secured the remaining 7 seats.
On October 24, 1978, the St. Lucian House of Assembly passed a resolution requesting that the English monarch issue an Order in Council establishing a new constitution for the soon-to-be independent island nation.
The Saint Lucia Constitution Order 1978
Within two months, London obliged the request: The Saint Lucia Constitution Order 1978 was issued at Buckingham Palace in London on the December 20, 1978 and came into force on February 22, 1979.
The order revoked Saint Lucia Constitution Order 1967(b) and established the Constitution of Saint Lucia that remains in force to this day.
Now, therefore, Her Majesty, by virtue and exercise of the powers vested in Her in that behalf by section 5(4) of the West Indies Act 1967(a), is pleased, by and with the advice of Her Privy Council, to order, and it is hereby ordered, as follows: …. 2. The Saint Lucia Constitution Order 1967(b) which made provision for the constitution of the Associated State of Saint Lucia, is revoked. 3. The Constitution of Saint Lucia set out in Schedule 1 to this Order shall come into effect in Saint Lucia at the commencement of this Order (i.e. February 22, 1979) subject to the transitional provisions set out in Schedule 2 to this Order.
The Saint Lucia Termination of Association Order 1978
The same day, Queen Elizabeth II issued another Order in Council, called The Saint Lucia Termination of Association Order 1978, which effectively granted the island independence on February 22, 1979 by revoking its status as an associated state as of that date.
Now, therefore, Her Majesty, by virtue and in exercise of the powers vested in Her in that behalf by section 10(2) of the West Indies Act 1967, is pleased, by and with the advice of Her Privy Council, to order, and it is hereby ordered, as follows: …. 1(2) This Order shall come into operation 22nd February 1979. 2. The status of association of Saint Lucia with the United Kingdom is terminated as from the date on which this Order comes into operation.
The sitting premier, John Compton, was to become the newly independent nation’s first prime minister on that date.
The Governor General
Representative of the English Monarch
Though an independent country, vestiges of Saint Lucia’s history as a British colony remain present today.
Saint Lucia is a constitutional monarchy in which the English monarch remains the Head of State.
The monarch, who resides across the Atlantic, appoints a representative known as the Governor General to represent the monarch in his or her absence.
In his/her capacity as the monarch’s representative to Saint Lucia, the Governor General performs several ceremonial duties, holds weekly meetings with the Prime Minister of Saint Lucia to discuss the nation’s affairs, has the authority to declare states of emergency, has the authority to prorogue or dissolve parliament, and exercises executive authority over certain constitutional appointments.
[Relevant texts: Constitution of Saint Lucia, Sections 19, 59, 65]
Speech from the Throne
The Governor General opens every new session of parliament by delivering what is called a Throne Speech (also known as a Speech from the Throne).
This mirrors one of the English monarch’s roles in the U.K.: the Queen/King opens every new session of the U.K. Parliament with a speech called the Queen’s/King’s Speech.
Royal Assent to Bills Passed by Parliament
When a bill is passed by the Saint Lucian Parliament, it is sent to the Governor General for royal assent.
Once the Governor General has assented to the bill it shall be published in the Official Gazette and become law.
The providing of royal assent by the Governor General mirrors one of the English monarch’s roles in the U.K.: the monarch gives royal assent to all bills passed by the U.K. Parliament.
Emergency Powers
The Governor General is authorized to impose regulations during periods of public emergency.
This includes the authority to detain individuals.
Such regulations imposed during a period of public emergency may ignore the Constitution’s protections from discrimination on the grounds of race and its protections of the right to personal liberty if:
1) The regulation is expressly declared to only have effect during the period of public emergency, and
2) It cannot be shown that the provisions violating those protections are not “reasonably justifiable for the purpose of dealing with the situation that exists during that (emergency) period.”
A period of public emergency exists if:
1) The English monarch is at war, or
2) A proclamation by the Governor General declaring a state of emergency is in force, or
3) A resolution passed by the House with a 2/3 majority of all members and declaring that “democratic institutions in Saint Lucia are threatened by subversion” is in force.
[Relevant texts: Constitution of Saint Lucia, Sections 3, 13, 14, 18(2)]
Declarations of Emergency
The Governor General may declare that the island is in a state of emergency if war between St. Lucia and a foreign power is imminent, a natural disaster has occurred, or if public safety or access to vital supplies is threatened on a large scale by some person.
If the Parliament of Saint Lucia was sitting at the time such a declaration of emergency was made, the declaration expires in 7 days.
If Parliament was not sitting at the time of the declaration, the declaration shall expire in 21 days.
Parliament may extend a declaration of emergency if both the Senate and the House of Assembly pass resolutions approving its continuance in force, in which case it shall continue in force as long as the resolutions remain in force for a maximum period of 12 months subject to additional extensions of 12 months.
A House resolution to extend a state of emergency shall only pass if it is supported by a majority of all members of the House (not merely a majority of members present if there is an absence).
The Governor General may issue a proclamation to revoke a declaration of emergency at any time.
[Relevant texts: Constitution of Saint Lucia, Section 17]
Prorogation & Dissolution of Parliament
The Governor General may prorogue a session of Parliament (i.e. end a session of Parliament without dissolving the Parliament) at any time.
The monarch’s representative may also, under the following conditions, dissolve Parliament:
1) If the Prime Minister advises a dissolution of Parliament.
However, the Governor General may reject a request from the Prime Minister to dissolve parliament if (s)he believes it would not be in the best interests of Saint Lucia.
2) If the House of Assembly passes a motion of no confidence in the Government and the Prime Minister does not either resign within 3 days or advise a dissolution of Parliament within 3 days.
3) If the office of Prime Minister is vacant and the Governor General does not believe there is a chance of Parliament agreeing a new Prime Minister within a reasonable time.
A general election must be held with 3 months of a dissolution of Parliament, with the precise date to be fixed by the Governor General.
[Relevant texts: Constitution of Saint Lucia, Sections 55(1), 55(4), 56(1)]
Executive Authority Over Certain Constitutional Appointments
The Governor General has the executive authority to appoint the Prime Minister, the Leader of the Opposition, and 2 Members of the Senate.
The Governor General shall appoint as Prime Minister someone who is likely to command the support of the House of Assembly.
The Governor General shall choose for the position of Opposition Leader a member of the House that appears to him most likely to command the support of a majority of the members of the House who do not support the Government.
The Governor General shall also appoint 2 of the 11 Senators (the Prime Minister appoints 6 more, and the Leader of the Opposition appoints the other 3).
[Relevant texts: Constitution of Saint Lucia, Sections 24, 60(1), 60(2), 67(1), 67(2), 67(5)]
The Parliament
The St. Lucian Parliament is comprised of two chambers: the House of Assembly (the lower chamber) and the Senate (the upper chamber).
Entrance to the Parliament of St. Lucia.
Entrance to the Parliamentary Chamber.
Chamber of the Parliament of St. Lucia.
The Senate
Appointment
The Senate consists of 11 members, 6 of whom are to be appointed by the Prime Minister, 3 of whom are to be appointed by the Leader of the Opposition, and 2 of whom are to be appointed by the Governor General.
[Relevant texts: Constitution of Saint Lucia, Section 24]
Eligibility
A person is eligible to be a senator if (s)he is a Commonwealth citizen, is at least 21 years of age, has been resident in Saint Lucia for 5 years immediately before the date of his/her appointment, and is proficient in the English language.
A person is ineligible to serve as a senator if (s)he is a minister of religion, unless the individual is appointed by the Governor General. In order words, the Prime Minister and the Leader of the Opposition may not appoint religious ministers to the Senate, though the Governor General can.
An individual is also disqualified from holding a seat in the Senate if s/he is an undischarged bankrupt, has been certified insane, has been sentenced to death by a court of law in any part of the Commonwealth, or is serving a prison sentence greater than 12 months that has been handed down by a court of law in any part of the Commonwealth, unless the sentence was imposed as an alternative to or because of a default of the payment of a fine.
An individual is also disqualified from holding a seat in the Senate if they are a Member of the House of Assembly.
[Relevant texts: Constitution of Saint Lucia, Section 25, 26]
Tenure
Senate seats are vacated at every dissolution of Parliament.
A seat may also be vacated if the Prime Minister, Leader of the Opposition, or Governor General order that a Senate seat to which they appointed an individual be vacated.
A seat is also vacated if a senator becomes a candidate for election to the House of Assembly.
[Relevant texts: Constitution of Saint Lucia, Section 27(1), 27(2)(e)]
President of the Senate
Sittings of the Senate are presided over by the President of the Senate.
[Relevant texts: Constitution of Saint Lucia, Section 44]
House of Assembly
Election
Members of the House of Assembly are elected by the citizens of Saint Lucia.
There are currently 17 constituencies on the island of St. Lucia and the House is thus currently comprised of 17 members.
(You can view a list of current Members of the Assembly here.)
[Relevant Texts: Constitution of Saint Lucia, Section 30(1)]
Eligibility
To be eligible for election to the House an individual must be a citizen of Saint Lucia, be at least 21 years of age, be proficient in the English language, and have been born in Saint Lucia or have been resident there for the 12 months immediately prior to election.
An individual is ineligible to stand for a seat in the House if she/he is a religious minister, is an undischarged bankrupt, is a Senator, is certified to be insane, has been sentenced to death by any Commonwealth court, or is serving a prison sentence greater than 12 months that was imposed by any Commonwealth court unless the sentence was imposed as an alternative to or because of a default of the payment of a fine.
[Relevant Texts: Constitution of Saint Lucia, Section 31, 32]
Speaker of the House
Presides Over Sittings of the House
The Speaker of the House shall preside over meetings of the House.
In the absence of the Speaker, the Deputy Speaker shall preside.
Should both the Speaker and Deputy Speaker be absent, a non-Cabinet member of the House may be elected to preside over the sitting.
[Relevant Texts: Constitution of Saint Lucia, Section 44]
Eligibility
In the first meeting of the House after a general election, the Members of the House must elect an individual to serve as Speaker of the House.
The Speaker can be a Member of the House who is not a member of the Cabinet; a Cabinet member may not serve as Speaker.
The Speaker may also be an outside individual who is not a Member of the House provided that s/he is a Commonwealth citizen and is not disqualified by any of the ineligibility criteria for Members of the House.
[Relevant Texts: Constitution of Saint Lucia, Sections 35(1) & 35(2)]
When the Speaker Can Vote
If the Speaker is not a Member of the House, the individual cannot vote on proposed legislation.
If the Speaker is a Member of the House, the individual may cast a vote only under certain circumstances.
In this case, the Speaker gets a vote on proposed legislation only if:
1) The vote deals with legislation which only requires a simple majority of members present to pass and the vote results in a tie.
In this case, the Speaker casts the tiebreaking vote.
This tiebreaking vote is referred to as a “casting vote” and we say that the Speaker “holds the casting vote.”
2) The vote deals with one of the small number of topics that the Constitution specifies may only be decided by the vote of all members of the House rather than by a simple majority of members present (see the section on Legislation and Parliamentary Procedure below).
In this case, the Speaker votes on the bill just as every other member of the House does; s/he does not have a tiebreaking vote.
In this situation, it is said that the Speaker has an “original vote” but not a “casting vote.”
[Relevant Texts: Constitution of Saint Lucia, Section 45]
The chair of Speaker of the House can be seen to the right of this image.
View of the Parliamentary Chamber from the Speaker’s seat.
The Government
The Government of St. Lucia is headed by a Prime Minister who shall be a member of the House of Assembly and shall be appointed by the Governor General.
The Governor General shall appoint as Prime Minister someone who is likely to command the support House.
The Prime Minister may appoint members of the House and Senate as Cabinet Ministers.
Consistent with the requirement that all money bills must originate in the House, the Minister of Finance must be a member of the House of Assembly; (s)he may not be a Senator.
[Relevant texts: Constitution of Saint Lucia, Sections 60(1-4), 61(1), 62]
The Office of the Prime Minister of Saint Lucia is located on the 5th floor of the Greaham Louisy Administrative Building in Castries, St. Lucia.
Caretaker Prime Ministers
In the event that the Governor General must appoint a Prime Minister (PM) at a time when Parliament is dissolved, a person who was a member of the House immediately before the dissolution of parliament shall be appointed as a caretaker PM.
[Relevant Texts: Constitution of Saint Lucia, Section 60(5)]
Resolutions of No-Confidence
If a resolution of no confidence is passed by the House of Assembly and the Prime Minister does not within 3 days either resign or advise the Governor General to dissolve parliament, then the Governor General shall remove the PM from office.
[Relevant Texts: Constitution of Saint Lucia, Section 60(6)]
The Opposition
There shall be a Leader of the Opposition who is appointed by the Governor General.
The Governor General shall choose for this position a member of the House that appears to him/her most likely to command the support of a majority of the members of the House who do not support the Government.
[Relevant Texts: Constitution of Saint Lucia, Section 67(1-2)]
The Attorney General
The constitution decrees that there shall be an Attorney General who shall be the principal legal adviser to the Government.
[Relevant Texts: Constitution of Saint Lucia, Section 72]
Legislation and Parliamentary Procedure
Simple Majority Rules, with Some Exceptions
At least 6 members must be present at a House or Senate vote to constitute a quorum (i.e. the minimum number of legislators present for a decision to be valid).
All decisions in the House or Senate are determined by a simple majority of members present and voting, except for:
1) Votes on House resolutions seeking to extend a declaration of emergency issued by the Governor General, which require a majority among all members of the House to pass.
2) Votes on House resolutions seeking to declare a period of public emergency, which require a 2/3 majority of all members of the House to pass.
3) Votes on bills seeking to change the constitution which require the support of at least 2/3 of all members of the House on its final reading to pass.
(The requirement for a majority among all members of the House in these three cases includes the Speaker of the House if the Speaker is an elected Member of the House of Assembly.)
[Relevant Texts: Constitution of Saint Lucia, Sections 18(2), 41, & 45]
Tie-breaking
The President of the Senate shall not vote on any question unless there is a tie, in which case the President casts the deciding vote (this tiebreaking vote is known as a “casting vote”).
A Speaker of the House who is an elected Member of the House (i.e. not selected from outside the House of Assembly) shall not vote on any question unless there is a tie, in which case the Speaker casts the deciding vote (i.e. the casting vote).
However, in the above listed situations in which a piece of proposed legislation may only pass with the support of a majority of all Members of the House, a Speaker who is a Member of the House does not get a casting vote because the Speaker has an “original vote” (i.e. a Speaker who is a member of the House votes on the matter even if there is no tie).
A Speaker who is not an elected Member of the House shall never vote in the House, not even to break a tie.
If a vote results in a tie and there is no tiebreaking vote (e.g. if the Speaker is not an elected Member of the House and therefore has no casting vote), the motion is defeated.
[Relevant Texts: Constitution of Saint Lucia, Section 45]
Legislation
When a bill is passed by the Parliament it is sent to the Governor General for assent.
Once the Governor General has assented to the bill it is published in the Official Gazette and becomes law.
No law made by Parliament comes into force until it is published in the Official Gazette.
With the exception of money bills (i.e. bills that deal only with taxation, government borrowing, and/or government spending), a bill may be introduced in either the House or the Senate.
[Relevant Texts: Constitution of Saint Lucia, Section 47, 48(1)]
Ability of the House to Override the Senate
If a bill that is not a money bill is passed by the House in 2 successive sessions of Parliament at least 6 months apart and is sent to the Senate for approval at least one month before the end of the sessions, but is rejected by the Senate both times, the bill shall be submitted to the Governor General for assent, despite the Senate’s rejections.
The exception is a bill seeking to change Section 41 of the Constitution, Schedule I of the Constitution, or any of the provisions listed in Schedule I.
In this case, if the bill is passed by the House in 2 successive sessions of Parliament at least 6 months apart and is rejected by the Senate both times, the bill may only be passed with the support of a majority of votes cast in a referendum.
If a money bill has been passed by the House at least one month before the end of a parliamentary session and the Senate does not pass it without amendment within one month after it is sent to the Senate, the bill shall be presented the Governor General for assent, regardless of the Senate not having consented to the bill.
[Relevant Texts: Constitution of Saint Lucia, Sections 49 & 50]
Bills Dealing with Public Finances
Money bills (i.e. bills that deal only with taxation, government borrowing, and/or government spending) must originate in the House.
A bill seeking to raise taxes or draw on public funds cannot be considered by Parliament without the recommendation of the Governor General signified by a Minister.
In other words, bills seeking to raise taxes or draw on public funds move only on the consent of the Government.
However, bills seeking to reduce taxes or reduce charges against public funds may be proposed by any member of the House.
[Relevant Texts: Constitution of Saint Lucia, Section 48]
Bills Dealing with Elections
Every proposed bill or regulation dealing with the registration of voters for elections to the House must be referred to the Electoral Commission and to the Chief Elections Officer who will then make comments on the proposal before the bill is introduced in the House or Senate or the regulation is implemented.
[Relevant Texts: Constitution of Saint Lucia, Section 52]
Changing the Constitution
Section 41 specifies how the Constitution of Saint Lucia may be changed.
It decrees that certain aspects of the Constitution may be changed with the support of a 2/3 majority of all members of the House while other aspects of the Constitution may only be changed with the support of a 3/4 majority of all members of the House.
Changes Requiring a 3/4 Majority in the House
Section 41 (which details how the Constitution may be altered), Schedule 1 of the Constitution, and the provisions of the Constitution specified in Schedule 1 may only be changed with the support of a 3/4 majority of all members of the House on the bill’s final reading.
If a bill proposing a change to the Constitution that requires a ¾ majority is rejected by the Senate twice, it may only be ratified by a majority of the votes cast in a referendum.
Changes Requiring a 2/3 Majority in the House
All the other provisions of the Constitution (i.e. provisions other than section 41, Schedule 1, and the provisions listed in Schedule 1) may be altered with the support of a 2/3 majority of all members of the House on the bill’s final reading.
An Elected Speaker of the House Votes on Proposed Changes to Constitution
The requirement of a 2/3 or 3/4 majority, as the case may be, of all members of the House includes the Speaker of the House if s/he is an elected Member of the House of Assembly; in this situation, the Speaker has an original vote but no casting vote.
[Relevant Texts: Constitution of Saint Lucia, Sections 41 & 45, Schedule 1]
Parliamentary Sessions
If the session is not prorogued and the Parliament is not dissolved, a Parliamentary session is to last 5 years.
However, in the event that Saint Lucia is at war, the Parliament may extend this 5-year limit for additional periods of 12 months or less at a time for up to a total of 5 additional years.
[Relevant Texts: Constitution of Saint Lucia, Sections 55(2) and 55(3)]
Emergency Powers
A law passed by Parliament during a period of public emergency may ignore the Constitution’s protections from discrimination on the grounds of race and its protections of the right to personal liberty if:
1) The law is expressly declared to only have effect during the period of public emergency, and
2) It cannot be shown that the provisions violating those protections are not “reasonably justifiable for the purpose of dealing with the situation that exists during that (emergency) period.”
A period of public emergency exists if:
1) The English monarch is at war, or
2) A proclamation by the Governor General declaring a state of emergency is in force, or
3) A resolution passed by the House with a 2/3 majority of all members and declaring that “democratic institutions in Saint Lucia are threatened by subversion” is in force.
[Relevant texts: Constitution of Saint Lucia, Sections 3, 13, 14, 18(2)]
The Courts
Eastern Caribbean Supreme Court
Saint Lucia is a member of the Organisation of Eastern Caribbean States, which means that the multinational Eastern Caribbean Supreme Court (ECSC) is a superior court of record for St. Lucia.
This multinational court is headquartered in Castries, Saint Lucia.
Originally called the West Indies Associated States Supreme Court, the ECSC was created by the West Indies Associated States Supreme Court Order 1967.
Her Majesty, by virtue and in exercise of Her powers under Section 6 of the [above discussed] West Indies Act 1967, is pleased, by and with the advice of Her Privy Council, to order, and it is hereby ordered, as follows: …. There shall be a Supreme Court for [Antigua; Dominica; Grenada; Saint Christopher, Nevis and Anguilla; Saint Lucia; and Saint Vincent] which shall be styled the West Indies Associated States Supreme Court and shall be a superior court of record.
-Section 4(1)
The ECSC consists of a High Court and a Court of Appeal.
The Supreme Court shall consist of a Court of Appeal and a High Court of Justice.
-Section 4(2)
Each OECS member state maintains local offices which house the High Court judges based in that state.
Unlike the High Court judges, judges of the Court of Appeal travel from member state to member state to hear appeals of High Court decisions.
The multinational Eastern Caribbean Supreme Court and its powers have been integrated into the Constitution of Saint Lucia.
The headquarters of the Eastern Caribbean Supreme Court is located on the 2nd floor of the Heraldine Rock Building in Castries, St. Lucia.
The High Court of Justice
In Saint Lucia, the High Court has original jurisdiction in matters relating to whether a provision of the Saint Lucian Constitution has been violated, with some exceptions.**
For an individual to bring a case dealing with the constitutionality of any action before the High Court, (s)he must have legal standing.
An individual is deemed to having standing only if the alleged contravention of the Constitution affects his/her interests.
If a lower court hears a case which it deems to deal with the interpretation of the Constitution, that lower court shall refer the question to the High Court, which shall issue a ruling.
[Relevant Texts: Constitution of Saint Lucia, Sections 16, 105, & 106]
The Court of Appeal
A High Court ruling on a case dealing with the interpretation of the Constitution of Saint Lucia may be appealed to the Court of Appeal
[Relevant Texts: Constitution of Saint Lucia, Section 107]
Judicial Committee of the Privy Council
The Judicial Committee of the Privy Council, based in London, is the highest court of appeal for citizens of Saint Lucia.
Decisions of the Court of Appeal dealing with the interpretation of the Constitution may be appealed to London.
[Relevant Texts: Constitution of Saint Lucia, Section 108]
The Constituency Boundaries Commission
The Constitution of St. Lucia specifies that there shall be a Constituency Boundaries Commission.
The Commission shall consist of five members:
1) the Speaker of the House of Assembly, who chairs the commission,
2) two members selected by the Prime Minister, and
3) two members selected by the Leader of the Opposition.
The four members of the Commission selected by the Prime Minister and Leader of the Opposition may not be members of the House or Senate.
A member of the Commission must vacate the office when a new House of Assembly holds its first meeting after a dissolution of Parliament (e.g. if a commissioner is appointed on January 5, parliament is dissolved on June 5, and a new parliament meets on September 5, then the commissioner vacates their seat on September 5).
The Constituency Boundaries Commission is tasked with reviewing the number of electoral constituencies in Saint Lucia and their boundaries.
It provides reports to the Governor General in which it recommends how the island should be divided into electoral constituencies.
The Commission may also recommend that no change is warranted.
Reports must be submitted no less than 3 years and no more than 7 years apart.
(You can read the December 2014 Report of the Constituency Boundaries Commission here).
If the Commission submits a report recommending that nation’s electoral boundaries be changed, the Prime Minister must, “as soon as may be,” present to the House of Assembly a draft order by the Governor General that would implement the Commission’s recommendations, with or without modifications.
If the Prime Minister’s draft includes modifications to the Commission’s recommended constituency map, (s)he must also submit to the House a statement of the reasons for the modifications.
If the draft order laid before the House by the Prime Minister is rejected by the House, the Prime Minister must amend the draft order and submit the amended draft to the House for consideration.
If the draft order is approved by the House, the new constituency boundaries shall come into force for the next general election.
(Comparison: no such national constituency commission exists with respect to the U.S. House of Representatives.
Instead House constituencies – known in the U.S. as “House districts” or “Congressional districts” – are drawn up by state-level governments.
In most states, the boundaries are drawn up by the state legislature and the voted on by the governor (though some states, like California, have delegated the process to commissions).
Because the constituency boundaries are drawn up by politicians, the U.S. electoral system has suffered from endemic political manipulation of its House electoral districts in a process known as gerrymandering.
In states where the state legislature and governor’s mansion are controlled by the same party, the party often draws constituency boundaries in a way that favors the party in federal elections for the House, distorting electoral outcomes.)
[Relevant Texts: Constitution of Saint Lucia, Sections 30(1), 57(1), 57(2), 57(4), 57(5), 58]
The Electoral Commission & the Chief Elections Officer
The Constitution decrees that there is to be an Electoral Commission that is responsible for the registration of voters and for conducting elections for the House of Assembly (recall that Senators are appointed, not elected).
The Commission is also responsible for conducting referendums related to changing the Constitution.
The Commission may, at its discretion, produce reports to be submitted to the Governor General concerning any of these matters.
The Commission is comprised of 3 members: a chairperson appointed by the Governor General, a member chosen by the Prime Minister, and a member chosen by the Leader of the Opposition.
Senators and members of the House are ineligible to sit on the Commission.
Members of the Commission vacate the office when the House first meets following the next dissolution of Parliament after their appointment.
In performing these duties, the Commission is assisted by a Chief Elections Officer.
This Officer is appointed by the Governor General after consultation with the Electoral Commission.
Any legislation proposed by Parliament which pertains to elections must be referred to the Electoral Commission and the Chief Elections Officer for comments.
[Relevant Texts: Constitution of Saint Lucia, Sections 37, 41(10), 52, 57, 88]
The Committee on Prerogative of Mercy
The Constitution of Saint Lucia mandates that there is to be a Committee on the Prerogative of Mercy.
This Committee is to consist of:
1) a chairperson who must be a Minister appointed by the Governor General on the advice of the Prime Minister
2) the Attorney General
3) the Government’s chief medical officer, and
4-6) no more than 3 other members appointed by the Governor General on the advice of the Prime Minister.
The Committee is to recommend to the Governor General individuals convicted of an offense who, in its judgement, should be granted a pardon, an indefinite or time-limited respite from an imposed punishment, or a substitution of an imposed punishment with a less severe sentence.
[Relevant texts: Constitution of Saint Lucia, Sections 74 & 75]
The Integrity Commission
The Constitution decrees that there is to be an Integrity Commission whose purpose is to “from time to time” obtain written financial declarations of the assets, liabilities, and incomes of Senators and members of the House of Assembly.
The Commission is to consist of a chairperson and two to four other members.
The members of the Commission are to be appointed by the Governor General on the advice of the Prime Minister after the PM has consulted with the Leader of the Opposition.
Senators, members of the House of Assembly, and individuals who have been a judge on the Supreme Court at any time during the preceding three years are ineligible to be on the Commission.
An individual who has severed as a member of the Commission is ineligible to be appointed to any public office for three years after leaving the Commission.
The term of a member of the Commission is 3 years.
[Relevant Texts: Constitution of Saint Lucia, Sections 118 & 119]
National Finances
Consolidated Fund
The Constitution of Saint Lucia mandates that “all revenues or other moneys raised or received by St. Lucia” must be paid into a Consolidated Fund.
Funds may only be drawn from this fund to pay for expenses authorized by Parliament.
The Constitution requires that, no later than 30 days after the start of a new fiscal year, the Finance Minister must present to the House of Assembly an estimate of the government’s expected revenues and expenses for that fiscal year.
The House then approves the estimates and passes a bill – known as an appropriation bill – which authorizes the withdrawal of the funds from the Consolidated Fund needed to meet those estimated expenses.
(Related: All money bills must originate in the House.)
If it turns out that the funds appropriated from the Consolidated Fund are insufficient to cover the government’s expenses for the fiscal year, the Finance Minister presents to the House a supplementary estimate.
The supplementary estimate can then be approved by the House and additional monies may be appropriated from the Consolidated Fund via a supplementary appropriations bill.
(Similar: See Singapore’s Consolidated Fund)
[Relevant Texts: Constitution of Saint Lucia, Sections 77 – 80, 83]
Contingencies Fund
The Constitution of Saint Lucia requires the creation of a Contingencies Fund.
The Fund may be drawn down by the Finance Minister in the event of “an urgent and unforeseen need for expenditure for which no other provision exists.”
When the Fund is drawn down by the Finance Minister, s/he must present to the House of Assembly a supplementary estimate of the government’s financial situation for that fiscal year “as soon as possible.”
The House must then introduce a supplementary appropriation bill “as soon as possible” to replenish the monies withdrawn for the Contingencies Fund.
(Related: All money bills must originate in the House.)
[Relevant Texts: Constitution of Saint Lucia, Section 81]
Director of Audit
The Constitution of St. Lucia mandates that there is to be a Director of Audit.
The Director of Audit is tasked with determining whether all funds appropriated by Parliament were actually used for the purposes for which they were appropriated and producing an annual audit report on Saint Lucia’s public finances.
The Director of Audit is constitutionally authorized to access any books, records, returns, reports, and other documents s/he deems necessary to complete these duties.
The Director’s annual reports are to be submitted to the Finance Minister who shall present it to the House of Assembly.
If the Finance Minister fails to lay the report before the House no later than 7 days after the House’s first meeting following the Minister’s receipt of the report, the Director is to submit the report directly to the Speaker of the House who shall present it to the House.
The Director is not subject to the direction of any other person or authority in the discharge of his/her duties.
[Relevant Texts: Constitution of Saint Lucia, Section 84]
Supranational Institutions
Caribbean Court of Justice
Saint Lucia is a signatory to the Treaty of Chaguaramas which established the Caribbean Community (CARICOM) and the Caribbean Single Market and Economy.
Saint Lucia is also a signatory to the Agreement Establishing the Caribbean Court of Justice.
The agreement created the Caribbean Court of Justice (CCJ) to settle disputes related to the interpretation and application of the Treaty of Chaguaramas; it has original jurisdiction over matters dealing with the application of the Treaty.
Thus, Saint Lucia is also subject to the jurisdiction of the Caribbean Court of Justice on matters dealing with the rules and regulations of CARICOM and the Caribbean Single Market and Economy.
(Learn more: Timeline of Caribbean Integration)
[Relevant Texts: Treaty of Chaguaramas, Agreement Establishing the Caribbean Court of Justice]
Organisation of Eastern Caribbean States
On June 18, 1981, Saint Lucia, along with six other eastern Caribbean countries signed the Treaty of Basseterre which created the Organisation of Eastern Caribbean States (OECS).
On July 5, 1983, the OECS member states – among them St. Lucia – agreed the Eastern Caribbean Central Bank Agreement Act 1983, which established the Eastern Caribbean Central Bank, a supranational central bank tasked with maintaining the stability of the Eastern Caribbean Dollar, a supranational currency shared by the OECS member states.
On June 18, 2010, a Revised Treaty of Basseterre creating the OECS Economic Union was signed.
The OECS is governed by the OECS Authority – a council of the Heads of Government of the member states – and is administered by an OECS Central Secretariat headquartered in Castries, Saint Lucia.
Thus, Saint Lucia is subject to the decisions of the Organisation of Eastern Caribbean States and its currency – shared with the other OECS member states – is regulated by the Eastern Caribbean Central Bank.
(Learn more: Timeline of Caribbean Integration)
[Relevant Texts: Treaty of Basseterre, Revised Treaty of Basseterre]
Footnotes
*Because of its influence on the structure of parliaments around the world, the U.K. Parliament is often referred to as the “mother of parliaments.”
** Constitutional matters the High Court may not consider are detailed in sections 22(2), 37(6), 41(11), 58(7), 117(8), 121(3), and 124(10) of the Constitution of Saint Lucia.
Written By: Aiden Singh Published: July 10, 2020