05.07.2014 Views

the draft constitution of the commonwealth of grenada

the draft constitution of the commonwealth of grenada

the draft constitution of the commonwealth of grenada

SHOW MORE
SHOW LESS

Create successful ePaper yourself

Turn your PDF publications into a flip-book with our unique Google optimized e-Paper software.

(3) Within three days <strong>of</strong> <strong>the</strong> making <strong>of</strong> a proclamation<br />

<strong>of</strong> emergency, <strong>the</strong> President shall deliver to <strong>the</strong> Speaker for<br />

presentation to <strong>the</strong> National Assembly a statement setting out <strong>the</strong><br />

specific grounds on which <strong>the</strong> decision to declare <strong>the</strong> existence <strong>of</strong> a<br />

period <strong>of</strong> public emergency had been taken; and <strong>the</strong> Speaker shall<br />

fix a date for a debate on that statement as soon as is practicable<br />

but in any event not later than fifteen days from <strong>the</strong> date <strong>of</strong> <strong>the</strong><br />

proclamation.<br />

(4) A proclamation <strong>of</strong> emergency shall<br />

(a) be dated with <strong>the</strong> date <strong>of</strong> <strong>the</strong> proclamation;<br />

(b)<br />

and<br />

also [state that date as] <strong>the</strong> date on which <strong>the</strong><br />

period <strong>of</strong> public emergency commenced.<br />

(5) In performing any function conferred upon him or<br />

her by this section, <strong>the</strong> President shall act in accordance with <strong>the</strong><br />

advice <strong>of</strong> <strong>the</strong> Prime Minister unless <strong>the</strong> President, acting in his or<br />

her discretion, determines that, owing to a breakdown <strong>of</strong><br />

government, <strong>the</strong> Prime Minister is unable to pr<strong>of</strong>fer him or her <strong>the</strong><br />

required advice.<br />

Emergency<br />

regulations<br />

Duration <strong>of</strong> public<br />

emergency<br />

Publication <strong>of</strong><br />

emergency<br />

21.(1) Where a proclamation <strong>of</strong> emergency has been made<br />

and published under this Part, <strong>the</strong> President, subject to this Part,<br />

may make regulations for <strong>the</strong> purpose <strong>of</strong> dealing with any situation<br />

that in his or her judgment has arisen or is likely to arise during <strong>the</strong><br />

period <strong>of</strong> public emergency mentioned in <strong>the</strong> proclamation.<br />

(2) Regulations made under subsection (1) (“emergency<br />

regulations”) may make provision for <strong>the</strong> making <strong>of</strong> rules,<br />

directions, orders, notices and any o<strong>the</strong>r instruments that <strong>the</strong><br />

President thinks fit.<br />

(3) Without prejudice to <strong>the</strong> generality <strong>of</strong> subsection<br />

(1), emergency regulations may, subject to this Part, make<br />

provision for <strong>the</strong> detention <strong>of</strong> persons.<br />

22.(1) A proclamation <strong>of</strong> emergency, unless previously<br />

revoked, and <strong>the</strong> period <strong>of</strong> public emergency referred to in <strong>the</strong><br />

proclamation (“<strong>the</strong> emergency period”) shall remain in force for<br />

one month, or such longer time not exceeding six months,<br />

beginning on <strong>the</strong> date <strong>of</strong> <strong>the</strong> proclamation as <strong>the</strong> National<br />

Assembly may determine by a majority resolution.<br />

(2) A proclamation <strong>of</strong> emergency and <strong>the</strong> emergency<br />

period may be fur<strong>the</strong>r extended from time to time by a majority<br />

resolution for a period not exceeding six months on each occasion.<br />

(3) A resolution under subsection (1) or (2) may be<br />

revoked at any time by a majority resolution.<br />

(4) In this section, <strong>the</strong> expression “a majority<br />

resolution” means a resolution passed by <strong>the</strong> National Assembly <strong>of</strong><br />

a majority <strong>of</strong> all <strong>the</strong> members <strong>of</strong> that House.<br />

23.(1) Subject to subsection (2), a proclamation <strong>of</strong><br />

emergency and any emergency regulations, and any rules,<br />

29

Hooray! Your file is uploaded and ready to be published.

Saved successfully!

Ooh no, something went wrong!