the draft constitution of the commonwealth of grenada

(b)
years a magistrate or judge of a court of such
jurisdiction in civil and criminal matters in
some part of the Commonwealth Caribbean
or of the Commonwealth of Nations; and
he or she is qualified to practise as an
advocate in such a court or in a court of
unlimited jurisdiction, and has so practised,
for a period of, or periods amounting in the
aggregate to, not less than 10 years.
(3) A person shall not be qualified to be appointed as a
Magistrate unless he or she is qualified to practise as an advocate in
such a court, or in a court of unlimited jurisdiction, and has so
practised, for a period of, or periods amounting in the aggregate to,
not less than 5 years.
Independence of
the Magistracy
Removal of Chief
Magistrate and other
Magistrates
110.(1) The Magistracy shall be independent and be subject
only to this Constitution and the other laws of the Commonwealth
of Grenada, when adjudicating any matter arising under this
Constitution and these laws.
(2) The Magistracy shall have such jurisdiction in civil
and criminal matters as may be determined by law.
(3) (i) Where any question as to the interpretation
of this Constitution arises in a Magistrate’s
Court and that Court is of the opinion that
the question involves a substantial question
of law, the Magistrate’s Court shall refer the
question to the High Court.
(ii) Where any question is referred to the High
Court in pursuance of this subsection, the
High Court shall give its decision upon the
question and the Magistrate’s Court in which
the question arose shall dispose of the case
in accordance with that decision, or if the
decision is the subject of appeal to the Court
of Appeal or to the Caribbean Court of
Justice, in accordance with the decision of
the Court of Appeal or, as the case may be,
the Caribbean Court of Justice.
111.(1) The Chief Magistrate or any other Magistrate shall
hold office during good behaviour and for such period as may be
specified in the instrument by which he or she is appointed.
(2) The Chief Magistrate or any other Magistrate may
be removed from office only for inability to perform the functions
of the office, whether arising from illness or any other cause or for
misbehaviour, and shall not be removed except in accordance with
the following provisions of this section.
(3) The Chief Magistrate or a Magistrate may be
removed form office if the Prime Minister represents to the Chief
Justice and the Judicial and Legal Services Commission that the
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