the draft constitution of the commonwealth of grenada

34.(1) In the exercise of the functions of the Office under
this Constitution or any other law, the President shall act in
accordance with the advice of Cabinet or a Minister acting under
the general authority of the Cabinet, except in cases where other
provision is made by the Constitution or such other law, and,
without prejudice to the generality of this exception, in cases where
by this Constitution or such other law he or she is required to act –
(a) in his or her discretion;
(b) after consultation with any person or
(c)
authority other than the Cabinet; or
in accordance with the advice of any person
or authority other than the Cabinet.
(2) Where by this Constitution the President is required
to act in accordance with the advice of, or after consultation with,
any person or authority, the question whether he or she has in any
case so acted shall not be enquired into in any court.
Removal of President
from office
Resignation of
President
Vacancy in the
Office of President
Removal of
President for crimes
and misdemeanors
35. The President may be removed from office on
impeachment for, and conviction of, treason, bribery, or other high
crimes and misdemeanors, or for inability to perform the functions
of President due to physical incapacity or mental disability.
36. The President may, by writing addressed to the
Prime Minister, resign from the Office of President.
37. Whenever there is a vacancy in the Office of
President, the Prime Minister and the Leader of the Opposition
shall, within a period of three months, jointly appoint a
Commission to study and evaluate the qualifications of such
persons who may rightly assume the Office of Head of State, and
the Commission shall, in due course, make its recommendations to
the Prime Minister and the Leader of the Opposition. The name of
the person chosen shall then be submitted to Parliament for
approval; and, whereupon, the Prime Minister shall so inform the
person of the appointment.
38.(1) Where, pursuant to Section 35 of this Chapter, by
notice in writing signed by not less than half the number of the
members of the National Assembly of a motion alleging that the
President has committed a crime or misdemeanor and specifying
the particulars of the allegation and proposing that the Court of
Appeal investigates the allegation is given to the Prime Minister,
the Prime Minister shall –
(a) if the National Assembly is then sitting or
has been summoned to meet within five
days, cause the motion to be considered by
the Assembly within seven days of the
notice; or
(b) if the National Assembly is not sitting,
summon the Assembly to meet on a date
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