the draft constitution of the commonwealth of grenada

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(e) he or she shall be afforded reasonable facilities to consult and instruct an attorneyat-law at his or her own expense; and he or she and that attorney-at-law shall be permitted to make written or oral representations or both to the tribunal appointed for the review of the case. (5) On review by a tribunal pursuant to subsection (4) of the case of a person whose freedom of movement has been restricted, the tribunal may make to the authority by whom the restrictions were ordered recommendations concerning the necessity or expediency of continuing restrictions; but, unless it is otherwise provided by law, that authority is not obliged to act in accordance with those recommendations. The right not to be discriminated against 18.(1) Subject to the provisions in this section, (a) no law shall make any provision that is discriminatory either of itself or in its effect; and (b) no person shall be treated in a discriminatory manner by any person acting by virtue of any written law or in the performance of the functions of any public office or any public authority. (2) In this section, the expression “discriminatory” means affording different treatment to different persons attributable wholly or mainly to their respective descriptions by race, place of origin, political opinion, colour, creed or sex, whereby persons of one such description (a) or (b) are subject to disabilities not made subject; are accorded privileges or advantages which are not afforded to persons of another such description. (3) Subsection (1)(a) does not apply to any law so far as that law makes provision (a) with respect to persons who are not Citizens; (b) with respect to adoption, marriage, divorce, burial, devolution of property on death or other matters of personal law; (c) whereby persons of any such description as is mentioned in subsection (2) may be subjected to any disability or restriction or may be accorded any privilege or advantage which, having regard to its nature and to special circumstances pertaining to those persons or to persons of any other such description, is reasonably justifiable in a democratic society; 26
(d) for the transfer between Grenada and other countries, in accordance with international arrangements entered into by Grenada, of persons detained in prisons, hospitals or other institutions by virtue of orders made in the course of the exercise by courts or tribunals of their criminal jurisdiction; or (e) for the imposition of taxation or appropriation of revenue by the Government or by any local government authority for local purposes. (4) Nothing contained in any law shall be held to be inconsistent with or in contravention of subsection (1)(a) to the extent that it makes provision with respect to standards or qualifications (not being standards or qualifications specifically relating to race, place of origin, political opinion, colour, creed or sex) to be observed or met by any person who is appointed to any office in the public service, any office in a disciplined force or any office in the service of a local government authority or of a body corporate established for public purposes. (5) Subsection (1)(b) does not apply to anything which is expressly or by necessary implication authorised to be done by any such provision of law as is referred to in subsection (3) or (4). (6) Nothing contained in or done under the authority of any law shall be held to be inconsistent with or in contravention of this section to the extent that the law in question imposes a restriction on the rights of persons of a particular description with respect to freedom from arbitrary search or entry, or freedom of conscience, or freedom of expression, or freedom of assembly and association, or freedom of movement, if the restriction is reasonably required (a) (b) in the interests of defence, public safety, public order, public morality or public health; or for the protection of the rights or freedoms of other persons, unless the law is shown not to be reasonably justifiable in a democratic society. (7) Subsection (1)(b) does not affect any discretion that is vested in any person by this Constitution or any law in relation to the institution, conduct or discontinuance of civil or criminal proceedings in any court. (8) Parliament shall enact and maintain legislation forbidding any person other than the State to discriminate unfairly against another person, whether directly or indirectly. (9) For the purposes of subsection (8), (a) to treat a person in a manner that is discriminatory is to discriminate against him or her; 27
Page 1 and 2: THE DRAFT CONSTITUTION OF THE COMMO
Page 3 and 4: (d) (e) (f) (g) (h) (i) freedom in
Page 5 and 6: (b) a culpable omission by him or h
Page 7 and 8: (8) A person who is tried for a cri
Page 9 and 10: (c) (d) (e) (f) (g) (h) (i) (j) for
Page 11 and 12: the purpose of giving effect to the
Page 13 and 14: (c) (iv) regulating the administrat
Page 15: (h) (iii) (iv) (v) to be detained i
Page 19 and 20: (3) Within three days of the making
Page 21 and 22: attorney-at-law shall be permitted
Page 23 and 24: (2) References in sections 13, 14,
Page 25 and 26: CHAPTER III HEAD OF STATE - THE PRE
Page 27 and 28: within fourteen days of the notice
Page 29 and 30: and, as soon as is practicable, the
Page 31 and 32: (a) a retired jurist who shall be c
Page 33 and 34: (a) (b) if the President, acting in
Page 35 and 36: other persons acting under and in a
Page 37 and 38: (d) (e) is under a sentence of deat
Page 39 and 40: (b) the seat of a member of the Nat
Page 41 and 42: (f) for determining the standards o
Page 43 and 44: (a) a Finance and Public Accounts C
Page 45 and 46: CHAPTER VI THE ELECTORAL AND BOUNDA
Page 47 and 48: (d) (iii) where he or she is not en
Page 49 and 50: CHAPTER VII THE JUDICIARY PART I Th
Page 51 and 52: 84. (i) The President of the Court
Page 53 and 54: (ii) he or she is qualified to prac
Page 55 and 56: (b) of Nations or as a judge of a c
Page 57 and 58: Court of Justice, an appeal shall l
Page 59 and 60: Supreme Court Order but less any su
Page 61 and 62: court, not being a person who is pr
Page 63 and 64: (b) years a magistrate or judge of
Page 65 and 66: Oath of Allegiance and the Oath of
Page 67 and 68:
National Assembly in respect of a f
Page 69 and 70:
(f) (g) a member of the Public Serv
Page 71 and 72:
criminal matters in some part of th
Page 73 and 74:
PART II Cabinet Secretary, permanen
Page 75 and 76:
(5) In this section “pension bene
Page 77 and 78:
CHAPTER X DIRECTOR OF AUDIT Directo
Page 79 and 80:
CHAPTER XI THE DIRECTOR OF PUBLIC P
Page 81 and 82:
acting under and in accordance with
Page 83 and 84:
180. A person who, on or after the
Page 85 and 86:
CHAPTER XIII PART 1 THE PROTECTIVE
Page 87 and 88:
(b) (c) area over which the State h
Page 89 and 90:
Prisons to assist the Commissioner
Page 91 and 92:
187.(1) There shall be a Fire Servi
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(13) Nothing in this Section shall
Page 95 and 96:
CHAPTER XV ALTERATION OF THE CONSTI
Page 97 and 98:
the Bill in that House, and shall m
Page 99 and 100:
CHAPTER XVI TREATIES AND EXECUTIVE
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the draft constitution of the commonwealth of grenada

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