Constitutional Law at Grenada
Grenada's constitutional framework is primarily governed by the Constitution of Grenada, which was enacted through the Grenada Constitution Order 1973. This document laid the foundation for Grenada's independence from the United Kingdom in 1974.
🇬🇩 Constitutional Framework
1. 1973 Constitution Order
The Grenada Constitution Order 1973 was established by the British Parliament and came into effect on February 7, 1974, coinciding with Grenada's independence.
This Order provided for a constitutional monarchy, with the British monarch as the head of state, represented locally by a Governor-General.
It established a bicameral legislature, comprising the House of Representatives and the Senate, and outlined the framework for the executive and judiciary branches.
2. 1991 and 1992 Revisions
In 1991, Grenada undertook a constitutional reform process to address various governance issues and to modernize the constitutional framework.
The 1992 amendments introduced significant changes, including:
Abolition of the Senate, transitioning to a unicameral legislature.
Strengthening of the executive powers of the Prime Minister.
Enhancement of human rights protections, including provisions for the right to life, personal liberty, and freedom from inhuman treatment.
Establishment of an independent judiciary, with provisions for the appointment and removal of judges.
Provisions for emergency powers, detailing the conditions under which the government can declare a state of emergency and the rights of individuals during such periods. (Grenada 1973 (reinst. 1991, rev. 1992) Constitution - Constitute)
⚖️ Fundamental Rights and Freedoms
The Constitution guarantees several fundamental rights and freedoms, including:
Right to Life: Protection against arbitrary deprivation of life, with exceptions only as prescribed by law.
Personal Liberty: Protection against arbitrary arrest and detention, with rights to be informed of reasons for detention and to challenge detention in court.
Freedom from Inhuman Treatment: Prohibition of torture and degrading treatment.
Protection from Expropriation: No person shall be deprived of property except by law and with prompt payment of compensation.
Fair Trial Rights: Right to a fair and public hearing within a reasonable time by an independent and impartial tribunal.
Freedom of Conscience: Freedom of thought, conscience, and religion, including the freedom to change religion or belief.
Protection from Discrimination: Prohibition of discrimination on grounds of race, place of origin, political opinions, colour, creed, or sex. (Grenada 1973 (reinst. 1991, rev. 1992) Constitution - Constitute)
🏛️ Governance Structure
Executive: The Prime Minister is the head of government and exercises executive authority. The Governor-General represents the monarch and performs ceremonial duties.
Legislature: The House of Representatives is the sole legislative body, with members elected by the people.
Judiciary: The judiciary is independent, with the High Court and Court of Appeal as the highest courts.
📘 Accessing the Constitution
The full text of the 1992 Constitution of Grenada is available at the Constitute Project.
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