GUYANA
ACT NO. 2 OF 1980
CONSTITUTION OF THE CO-OPERATIVE
REPUBLIC OF GUYANA ACT 1980
I assent,
A.Chung,
President.
20th February, 1980.
ARRANGEMENT OF SECTIONS
SECTION
1. Short title.
2. Interpretation.
3. Constitutional Instruments (including the existing Constitution) repealed.
4. Appointed day.
5. Exercise of powers of Parliament before appointed day.
6. Exercise of power of President before appointed day.
7. Existing laws.
8. Parliament.
9. Standing Orders.
10. President.
11. Prime Minister.
12. Ministers, Attorney General, Parliamentary Secretaries, etc.
13. Cabinet.
14. Supreme Court of Judicature.
15. Existing officers.
16. Oaths.
17. Commissions.
18. Continuation of proceedings.
19. Local democratic organs.
20. Amendment of certain provisions of Amerindian Lands Commission Act.
21. Electoral districts and list of electors.
22. Amendment of this Act.
SCHEDULE
AN ACT to enact a new Constitution of the Co-operative Republic of Guyana, to repeal the Guyana Independence Act 1966, the Guyana Independence Order 1966, and the existing Constitution, and to provide for matters incidental thereto or connected therewith.
Enacted by the Parliament of Guyana:--
1. This Act may be cited as the Constitution of the Co- operative Republic of Guyana Act 1980.
2.(1) In this Act—
“appointed day” means the day fixed for the coming into operation of the Constitution by a proclamation issued under section 4;
“the Constitution” means the Constitution set out in the Schedule;
“the existing Assembly” means the National Assembly constituted under the existing Constitution;
“the existing Constitution” means the Constitution in force immediately before the appointed day;
“existing laws” means all laws which had effect as part of the law of Guyana immediately before the appointed day and includes any Act or other written law made before that day and coming into force on or after that day;
“the existing Parliament” means the Parliament which enacted this Act;
“service commission” means the Public Service Commission, the Police Service Commission, the Judicial Service Commission or the Teaching Service Commission in existence immediately before the appointed day;
and save where the context otherwise requires, expressions used in sections 1 to 22 (inclusive) have the same meaning as in the Constitution and the provisions of article 232 thereof shall apply for the purpose of Interpreting those sections as they apply for the purpose of interpreting the Constitution.
(2) References In article 133 of the Constitution to any question as to the interpretation of the Constitution shall be construed as including references to any question as to the Interpretation of any provision of this Act.
3. Subject to the provisions of this Act, on the appointed day all the provisions of the Guyana Independence Act 1966, the Guyana Independence Order 1966 (in so far as they form part of the law of Guyana) and the existing Constitution are repealed and thereupon the Constitution shall have effect as the supreme law of Guyana in place of the existing Constitution.
4. The President shall by proclamation fix a day, being a day not later than 6th October, 1980, for the coming into operation of the Constitution.
5. At any time after the enactment of this Act, the existing Parliament may for the purpose of enabling the Constitution to function on and after the appointed day exercise any of the powers conferred on the Parliament established by the Constitution.
6. The power conferred by section 7(2) to make orders may be exercised by the President under the existing Constitution at any time after the enactment of this Act to such extent as may, in his opinion, be necessary or expedient to enable the Constitution to function on and after the appointed day.
7.(1) Subject to the provisions of this Act, the existing laws shall continue in force on and after the appointed day as if they had been made in pursuance of the Constitution but shall be construed with such modifications, adaptations, qualifications and exceptions as may be necessary to bring them into conformity with this Act.
(2) The President may by order made at any time within the period of three years next after the commencement of the Constitution make such modifications to any existing law as may appear to him to be necessary or expedient for bringing that law into conformity with the provisions of this Act or otherwise for giving effect or enabling effect to be given to those provisions.
(3) Anything done under any existing law before its modification by or under this section which would, but for this subsection, cease by virtue of that modification to have effect, shall continue to have effect as if done under that law as so modified.
(4) Where any matter that falls to be prescribed or otherwise provided for under the Constitution by Parliament or by any other authority or person is prescribed or provided for by or under any existing law (including any amendment to any such law made under this section) or is otherwise prescribed or provided for immediately before the appointed day by or under the laws repealed by section 3, that prescription or provision shall, on and after that day, have effect (with such modifications, adaptations, qualifications and exceptions as may be necessary to bring it into conformity with this Act) as if it had been made under the Constitution by Parliament or, as the case may require, by the other authority or person.
(5) All enactments passed or made by any Parliament or person or authority under or by virtue of the Guyana Independence Order 1966 and the existing Constitution and not before the appointed day declared by a competent court to be void by reason of any inconsistency with any provision of the existing Constitution and that are not repealed, lapsed or spent or that had not otherwise had their effect, shall be deemed to have been validly passed or made and to have had full force and effect as part of the law of Guyana immediately before the appointed day even if any such enactments were inconsistent with any provision of the existing Constitution.
(6) Without prejudice to the generality of the foregoing provisions of this section, if a proclamation of emergency is in force under article 16 of the existing Constitution immediately before the appointed day by virtue of a resolution of the existing Assembly, the proclamation shall on and after that day have effect as if it had been made under article 150 of the Constitution and (without prejudice to its continuance in force for further periods by virtue of the provisions of’ paragraph (3)© of the said article 150) as if its continuance In force to the date referred to in that resolution had -been approved by a resolution passed by the National Assembly under the provisions of paragraph (3) © of the said article 150; and if any person is on the appointed day detained or restricted in the manner referred to in article 151 of the Constitution the provisions of that article requiring his case to be reviewed by a tribunal established for the purpose of that article not later than three months from the commencement of the detention or restriction shall, In relation to that person, have effect as if the detention or restriction had commenced on the appointed day.
(7) The provisions of this section shall be without prejudice to any powers conferred by any law upon any person or authority to make provision for any matter, Including the making of modifications to any existing law.
8.(1) Notwithstanding any difference between the composition of the existing Assembly and that of the National Assembly established by the Constitution, with effect from the appointed day and until the National. Assembly sits for the first time after the first election held pursuant to the provisions of article 60 (2) of the Constitution, but subject to subsection (5). the existing Assembly shall be deemed to be the National Assembly established by the Constitution (referred to in this section in respect of that period as “the transitional National Assembly”).
(2) Without prejudice to the generality of subsection (1), the persons who immediately before the appointed day were members of the existing Assembly shall with effect from that day be members of the transitional National Assembly, and all questions concerning membership and functioning of the transitional National Assembly shall be regulated as nearly as may be practicable by the existing law applicable in the like case to the existing Assembly.
(3) All matters pending before the existing Assembly immediately before the appointed day may be continued and completed by the transitional National Assembly.
(4) Unless and until the transitional National Assembly otherwise resolves, any person who is a member of that Assembly by virtue of subsection (2) shall be deemed to have made and subscribed before the Assembly the oath referred to in article 167 of the Constitution.
(5) Unless sooner dissolved by the President pursuant to the provisions of article 70 (2) of the Constitution, the Parliament constituted by the President and the transitional National Assembly shall stand dissolved on 26th October, 1980.
(6) The first election of members of the National Assembly pursuant to the provisions of paragraphs (3) and (4) of article 60 of the Constitution shall be held on such day as the President may by proclamation appoint, being a day which he considers to be as early as practicable after the holding of the first election of members of the regional democratic council or of the National Congress of Local Democratic Organs. as the case may be.
(7) All moneys granted, voted or appropriated by the existing Assembly in respect of the services of Guyana for the current financial year shall be deemed to have been granted, voted or appropriated by the National Assembly established by the Constitution and in ac- cordance with the Constitution.
(8) In this section “modification” Includes amendment, adaptation or other alteration authorised by subsection (1).
(9) For the purposes of article 142 of the Constitution, the provisions contained in the Acquisition of Lands for Public Purposes Act shall be deemed to specify the principles on which and the manner cap. 62:00 in which the payment of compensation is to be determined and given for property compulsorily acquired thereunder.
(10) For so long as the legal profession in Guyana continues to be divided into barristers and solicitors, any reference in the Constitution to a lawyer, however described, shall be deemed to be a reference to an advocate or a legal adviser or a barrister or a solicitor, as the case may be, in the corresponding provision of the existing Constitution.
9. The rules and orders of the existing Assembly as in force immediately before the appointed day shall. until it is otherwise provided for under article 165 and article 173 of the Constitution, as the case may be, be the rules of procedure of the National Assembly and of the Supreme Congress of the People established under the Constitution, but shall be construed with such modifications, adaptations, qualifications and exceptions as may be necessary to bring them into conformity with the Constitution.
10.(1) The person who immediately before the appointed day holds the office of Prime Minister under the existing Constitution shall, subject to the provisions of article 97 of the Constitution (relating to the taking of an oath by the President), assume office as President of the Co-operative Republic of Guyana that day as if be had been elected thereto in pursuance of the provisions of the Constitution and shall, unless he sooner dies or resigns or unless he ceases to hold office by virtue of articles 93 and 94 of the Constitution, continue in office until the person elected President in the next following Presidential election held for the purposes of article 91 of the Constitution assumes office.
(2) On the assumption of his office pursuant to subsection (1) the first President of Guyana shall cease to be a member of the National Assembly and his seat shall thereby become vacant and may be filled as nearly as practicable in accordance with the provisions of article 70 of the existing Constitution.
11. Until a Prime Minister is appointed under article 101 of the Constitution, the person who immediately before the appointed day holds the office of Minister under the existing Constitution which, however styled. ranks next in seniority after the office of Prime Minister and who is an elected member of the existing Assembly shall, on and after that day, hold the office of Prime Minister as if he had been appointed thereto under that article.
12.(1) Subject to the provisions of sections 10 and 11, the per sons who immediately before the appointed day held office as Minister (other than as Prime Minister), Attorney General, Parliamentary Secretary, Speaker, Deputy Speaker or Leader of the Opposition shall, on and after that day, hold the corresponding office established by the Constitution as if they had been appointed or elected thereto, as the case may be, in accordance with the provisions of the Constitution.
(2) Any person holding the office of Prime Minister or Of Minister by virtue of the provisions of section 11 or of sub. section (1) of this section respectively who, immediately before the appointed day, was assigned responsibility under the existing Constitu- tion for any business of the Government of Guyana, including the administration of any department of Government, shall, on and after that day. be deemed to have been assigned responsibility therefor under article 107 of the Constitution.
13. Subject to paragraph (1) of article 106 of the Constitution, every person who does not otherwise become a member of the Cabinet established by the Constitution but who immediately before the appointed day is a member of the Cabinet under the existing Constitution shall on and after that day be a member of the Cabinet established by the Constitution as if he had been appointed thereto under that paragraph.
14.(1) The Supreme Court of Judicature in existence immediately before the appointed day shall on and after that day be the Supreme Court of Judicature for the purposes of the Constitution as if it were established thereunder.
(2) Any decision given before the appointed day by any court forming part of the Supreme Court of Judicature in existence immediately before that day shall, for the purpose of its enforcement or for the purpose of any appeal therefrom, have effect on and after that day as if it were a decision of the corresponding court established by the Constitution.
15.(1) Subject to the provisions of this Act, every person who immediately before the appointed day holds or is acting in a public office shall, on and after that day, hold or act in that office or the corresponding office established by the Constitution, as the case may be, as if he had been appointed to do so in accordance with the provisions of the Constitution:
Provided that any person who, under the laws repealed by section 3 or any other existing law, would have been required to vacate his office at the expiration of any period shall vacate his office at the expiration of that period.
(2) Subsection (1) shall apply in relation to the offices of Chancellor, Chief Justice, Justice of Appeal. Puisne Judge. Ombudsman, Clerk and Deputy Clerk of the National Assembly and. subject to section 17. to the offices of Chairman, Deputy Chairman (if any) and member of the Judicial Service Commission. the Public Service Commission, the Police Service Commission. the Teaching Service Commission and the Elections Commission as if those offices were public offices.
16. Any person who holds or acts in any office on the appointed day by virtue of the provisions of section 11, 12 or 15 shall be deemed to have taken any necessary oath under the Constitution or any other law:
Provided that the President may, at any time on or after the appointed day, require any such person to take any oath required as aforesaid.
17.(1) Until the expiration of the period of three months next after the day on which the first election after the appointed day has been held pursuant to the provisions of article 61 of the Constitution or until dissolved by a proclamation issued by the President, whichever shall the sooner occur, the service commissions and the Elections Commission as constituted immediately before the appointed day shall on and after that day be deemed to be the corresponding commissions under the Constitution notwithstanding any difference in composition under the existing law and under the Constitution, and any appointments to vacancies in membership and other matters relating thereto shall be made and regulated as nearly as may be practicable in accordance with the existing law.
(2) Any power of a service commission which immediately before the appointed day is validly delegated to any person or authority shall, to the extent that that power could be delegated under the Con. stitution to such person or authority. be deemed. on and after that day, to have been delegated to that person or authority in accordance with the provisions of the Constitution.
18. Where any proceedings are pending immediately before the appointed day before any court, body or authority in respect of which a corresponding court, body or authority is established by or under the Constitution, those proceedings may on and after that day be continued and completed by or before such corresponding court, body or authority as if they had been commenced in or before such corresponding court, body or authority:
Provided that in the case of any proceedings before any court, tribunal or the Ombudsman (including any disciplinary proceedings) where the hearing was partly completed immediately before the appointed day (in this section referred to as “the original hearing”). no person shall take part in the continued hearing, either as the sole or other member, as the case may be. of the corresponding court, body or authority established by or under the Constitution unless he has also taken part in the original hearing, and where the original hearing can- not be so continued the hearing shall be recommenced.
19. Any local government authority in existence immediately before the appointed day shall be deemed to be a local democratic organ for the purposes of the Constitution as if it were constituted thereunder.
20. Notwithstanding anything contained in the Constitution, sections 2 and 3 of the Amerindian Lands Commission Act as in force immediately before the appointed day may be amended by Parliament only in the same manner as the provisions specified in article 164(2)(b) of the Constitution. 21.(1) The polling districts and divisions constituted under any existing law in relation to elections of members of the existing Assembly shall be deemed to be the polling districts and divisions for the purposes of elections to be held under article 60 (2) of the Constitution subject to any amendments duly made thereto under such law. (2) The list of electors last prepared before the appointed day for the purposes of holding elections of members of the existing Assembly shall. subject to any further revision in accordance with law. be deemed to be the list of electors prepared by the Elections Com- mission under article 162 of the Constitution for the purposes of article 60 (2) thereof.
22.(1) Parliament may amend section 3 and this section in the same manner as it may alter any of the provisions specified in article 164(2) (a) of the Constitution.
(2) Parliament may amend any other provision of this Act. with the exception of the Schedule thereto. in the same manner as it may alter any of the provisions specified in article 164(2) (b) of the Constitution.
(3) Article 164(3) of the Constitution shall apply for the purpose of construing references in this section to any provision of this Act and to the alteration of any such provisl6h as it appues for the pur- pose of construing references in the said article 164 to any provision of the Constitution and to the alteration of any such provision.
SCHEDULE
CONSTITUTION OF THE CO-OPERATIVE REPUBLIC OF GUYANA
PREAMBLE
ARRANGEMENT OF ARTICLES
PART 1
GENERAL PRINCIPLES
CHAPTER I
THE STATE AND THE CONSTITUTION
ARTICLE
The State in transition to socialism.
The territory.
The capital.
The flag.
The coat of arms.
The anthem.
Duty to respect national symbols.
Supremacy of Constitution.
CHAPTER II
PRINCIPLES AND BASES OF THE POLITICAL, ECONOMIC
AND SOCIAL SYSTEM
Sovereignty belongs to the people.
Political parties.
Trade unions and co-operatives.
Local government.
Objective of political system.
Goal of economic development.
Economic revolution.
Economic role of co-operativism.
Private enterprise.
Land to the tiller.
Personal property.
Right of inheritance.
Role of labour.
The right and the duty to work.
Right to leisure.
Right to medical attention and social care in case of old age and disability.
Duty to improve environment.
Right to housing.
Right to education.
Youth.
Equality for women.
Equality for children born out of wedlock.
Portection of citizens resident abroad.
Duty to prevent crime and protect public property.
Duty to defend State.
Abolition of discriminatory distinctions.
National culture.
The environment.
External relations.
National co-operation for development of economy.
Guiding principles and objectives.
CHAPTER III
FUNDAMENTAL RIGHTS AND FREEDOMS OF THE INDIVIDUAL
Fundamental rights and freedoms of the individual.
CHAPTER IV
CITIZENSHIP
Persons who continue to be citizens on commencement of Constitution.
Persons entitled to be registered as citizens.
Persons born in Guyana after commencement of Constitution.
Persons born outside Guyana after commencement of Constitution.
Marriage to citizen of Guyana.
Deprivation of citizenship on acquisition of, or exercise of rights of, another citizenship.
Commonwealth citizens.
Powers of Parliament.
Interpretation.
CHAPTER V
SUPREME ORGANS OF DEMOCRATIC POWER
Supreme organs of democratic power.
CHAPTER VI
PARLIAMENT
Composition of Parliament
Establishment of Parliament.
Composition of the National Assembly.
Qualifications for election as members.
Tenure of seats of members of the National Assembly.
First meeting of the National Assembly.
Speaker and Deputy Speaker.
Clerk and Deputy Clerk.
Unqualified persons sitting or voting.
Elections
Qualifications and disqualifications for electors.
Electoral system.
Times for elections under article 60(2).
Elections Commission.
Filling of casual vacancies.
Determination of questions as to membership and elections.
Powers and Procedure of Parliament
Legislative power.
Alteration of this Constitution.
Attendance of the President in the National Assembly.
Regulation of procedure, etc.
Summoning, Prorogation and Dissolution
Sessions of Parliament.
Prorogation and dissolution of Parliament.
CHAPTER VII
LOCAL DEMOCRACY
Local Democratic Organs
Local government.
Local government areas.
Election of members of regional councils.
Duties of local democratic organs.
Power to take decisions.
Power to raise revenue.
Regional development programme to be integrated into the national development plans.
Local government elections.
The National Congress of Local Democratic Organs
The National Congress of Local Democratic Organs.
Election of members of the Congress.
Participation in national decision-making processes.
CHAPTER VIII
THE SUPREME CONGRESS OF THE PEOPLE
Establishment of Supreme Congress of the People.
Functions of Supreme Congress of the People.
Sessions of Supreme Congress of the People.
Summoning, prorogation and dissolution of Supreme Congress of the People.
Chairman of Supreme Congress of the People.
Clerk and Deputy Clerk.
Regulation of procedure.
CHAPTER IX
THE PRESIDENT
Establishment of office of President.
Qualifications for election.
Election of President.
Tenure of office of President.
Removal of President on grounds of incapacity.
Removal of President for violation of Constitution or gross misconduct.
Vacancy in office of President.
Discharge of functions of President during absence, illness, etc.
Oath to be taken by President.
Remuneration, etc., of President.
CHAPTER X
THE EXECUTIVE
Executive authority of Guyana.
Establishment of office of Prime Minister and other Ministerial offices.
The Prime Minister.
Vice-Presidents.
Ministers.
Ministerial appointments during dissolution.
Non-elected Ministers to sit in Assembly.
The Cabinet.
Allocation of portfolios.
Tenure of office of Ministers.
Minister’s absence or illness.
Minority Leader.
Exercise of President’s powers.
Attorney General.
Parliamentary Secretaries.
Oaths of Ministers, etc.
Permanent Secretaries.
Director of Public Prosecutions.
Secretary to the Cabinet.
Sub-committees of Cabinet.
Standing committees.
Constitution of offices.
Prerogative of Mercy.
Ombudsman.
CHAPTER XI
THE JUDICATURE
The Supreme Court of Judicature
Establishment of Supreme Court of Judicature.
Constitution of Court of Appeal.
Constitution of High Court.
Judges of the Supreme Court of Judicature
Interpretation.
Appointment of Chancellor and Chief Justice.
Appointment of Justices of Appeal and Puisne Judges.
Qualifications of Judges.
Attendance of additional Judge in Court of Appeal and High Court.
Tenure of office of Judges.
Oaths of Judges.
Appeals
Appeals on constitutional questions and fundamental rights.
CHAPTER XII
THE SERVICE COMMISSIONS
The Judicial Service Commission.
The Public Service Commission.
The Teaching Service Commission.
The Police Service Commission.
PART 2
SPECIFIC RULES
TITLE 1
PROTECTION OF FUNDAMENTAL RIGHTS AND FREEDOMS OF THE INDIVIDUAL
Article
Protection of right to life.
Protection of right to personal liberty.
Protection from slavery and forced labour.
Protection from inhuman treatment.
Protection from deprivation of property.
Protection from arbitrary search or entry.
Provision to secure protection of the law.
Protection of freedom of conscience.
Protection of freedom of expression.
Protection of freedom of assembly and association.
Protection of freedom of movement.
Protection from discrimination on grounds of race, etc.
Provisions for time of war or emergency.
Reference to tribunal in certain cases.
Saving of existing laws and disciplinary laws.
Enforcement of protective provisions.
Interpretation.
TITLE 2
PARLIAMENT
Disqualifications for election as members.
Tenure of seats of members of the National Assembly.
Speaker and Deputy Speaker.
Clerk and Deputy Clerk.
Qualifications and disqualifications for electors.
Electoral system.
Elections Commission.
Functions of Elections Commission.
Determination of questions as to membership and elections.
Procedure for altering this Constitution.
Regulation of procedure.
Presiding in the Assembly.
Oaths of members.
Voting.
Quorum.
Mode of legislation.
Introduction of Bills, etc.
Privileges, etc., of members of the National Assembly.
TITLE 3
THE SUPREME CONGRESS OF THE PEOPLE
Regulation of procedure.
Voting.
Quorum.
Privileges of the Supreme Congress of the People.
TITLE 4
THE PRESIDENT
Election of President.
Tenure of office of President.
Removal of President on grounds on incapacity.
Removal of President for violation of Constitution or gross misconduct.
Salary and allowances of President.
Immunities of President.
TITLE 5
THE EXECUTIVE
Subtitle 1
Ministers, etc.
Tenure of office of Ministers.
Minority Leader.
Attorney General.
Parliamentary Secretaries.
Functions of Director of Public Prosecutions.
Prerogative of Mercy.
Advisory Council on Prerogative of Mercy.
Functions of Advisory Council.
Subtitle 2
The Ombudsman
Appointment, etc., of Ombudsman.
Matters subject to investigation by the Ombudsman.
Excluded matters.
Ombudsman’s functions on concluding an investigation, and reports to the Assembly.
Power of Parliament to make supplementary provision.
Interpretation.
TITLE 6
THE JUDICATURE
Tenure of office of Judges.
TITLE 7
THE SERVICE COMMISSIONS
The Judicial Service Commission
Composition of Commission.
Appointment, etc., of judicial and legal officers.
The Public Service Commission
Composition of Commission.
Appointment, etc., of public officers.
Appeals to Public Service Commission.
Appointment, etc., of Director of Public Prosecutions.
Appointment, etc., of Auditor General.
Appointments of Solicitor General and others.
Appointments on transfer to certain offices.
The Teaching Service Commission
Composition of Commission.
Vacation of office of appointed member of the Commission.
Appointment of teachers.
The Police Service Commission
Composition of Commission.
Appointment, etc., of Commissioner of Police and Deputy Commissioners.
Appointment, etc., of other members of Police Force.
Pensions
Protection of pension rights.
Power of Commissions in relation to pensions, etc.
Interpretation.
TITLE 8
FINANCE
Establishment of Consolidated Fund.
Withdrawals from Consolidated Fund or other public funds.
Authorisation of expenditure from Consolidated Fund by appropriation.
Authorisation of expenditure in advance of appropriation.
Contingencies Fund.
Public debt.
Remuneration of holders of certain offices.
Office and functions of Auditor General.
TITLE 9
MISCELLANEOUS
Rules of court.
Removal from office of certain persons.
Powers and procedure of Commissions.
Disqualification for office of persons exciting racial hostilities.
TITLE 10
INTERPRETATION
Appointments.
Resignations.
Vacation of office attaining a prescribed age.
Certain questions not to be enquired into in any court.
Interpretation.
SCHEDULE—Form of Oath
PREAMBLE
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WE THE PEOPLE OF THE CO-OPERATIVE REPUBLIC OF GUYANA,
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the proud heirs of the indomitable spirit and unconquerable will of our forefathers who by their sacrifices, their blood and their labour made rich and fertile and bequeathed to us as our inalienable patrimony for all time this green land of Guyana,
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SALUTING
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the epic struggles waged by our forefathers for freedom, justice and human dignity and their relentless hostility to imperialist and colonial domination and all other forms and manifestations of oppression;
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ACCLAIMING
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those immortal leaders who in the vanguard of battle kept aloft in the banner of freedom by the example of their courage, their fortitude and their martyrdom, whose names and deeds being forever enshrined in our heart s we forever respect, honour and revere;
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INSPIRED
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by the glorious victory of 26th May, 1966, when after centuries of heroic resistance and revolutionary endeavour we liberated ourselves from colonial bondage, won political independence and became free to mold our own destiny;
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CONSCIOUS
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of the fact that to bring about conditions necessary for the full flowering of the creative genius of the people of Guyana formal political sovereignty must be complemented by economic independence and cultural emancipation;
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HAVING
ESTABLISHED
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the Republic on 23rd February, 1970, to reinforce our determination to chart an independent course of development in conformity with our historical experience, our cultural heritage and our common aspirations;
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PLEDGED
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to defend our national sovereignty, to respect human dignity and to cherish and uphold the principles of freedom, equality and democracy and all other fundamental human rights;
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DEDICATED
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to the principle that the people of Guyana are entitled as of right to enjoy the highest possible standard of living and quality of life consistent with their work and the possibilities of the country’s resources;
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CONVINCED
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that the organisation of the State and society on socialist principles is the only means of ensuring social and economic justice for all of the people of Guyana; and, therefore,
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BEING
MOTIVATED
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and guided by the principles of socialism;
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BEING OPPOSED
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to all social, economic and political systems which permit the exploitation of man by man; and
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ACKNOWLEDGING
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our common purpose of national cohesion and our common destiny as one people and one nation,
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DO SOLEMNLY
RESOLVE
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to establish the State on foundations of social and economic justice, and accordingly by popular consensus, after full, free and open discussion, debate and participation,
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DO ADOPT
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the following—
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CONSTITUTION OF THE CO-OPERATIVE REPUBLIC OF GUYANA
CHAPTER I
THE STATE AND THE CONSTITUTION
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1.
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Guyana is an indivisible, secular, democratic sovereign state in the course of transition from capitalism to socialism and shall be known as the Co-operative Republic of Guyana.
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2.
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The territory of the State comprises the areas that immediately before the commencement of this Constitution were comprised in the area of Guyana together with such other areas as may be declared by Act of Parliament to form part of the territory of the State.
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3.
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The capital of the State is the city of Georgetown.
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4.
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The national flag of the State is the flag known as “The Golden Arrow Head.”
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5.
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The coat of arms of the State is that in use at the commencement of this Constitution.
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6.
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The national anthem of the State is the anthem known as “Green Land of Guyana.”
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7.
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It is the duty of every citizen of Guyana wherever he may be and of every person in Guyana to respect the national flag, the coat of arms, the national anthem and the Constitution of Guyana, and to treat them with due and proper solemnity on all occasions.
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8.
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The Constitution is the supreme law of Guyana and, if any other law is inconsistent with it, that other law shall, to the extent of the inconsistency, by void.
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CHAPTER II
PRINCIPLES AND BASES OF THE POLITICAL, ECONOMIC AND SOCIAL SYSTEM
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9.
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Sovereignty belongs to the people, who exercise it through their representatives and the democratic organs established by or under this Constitution.
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10.
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The right to form political parties and their freedom of action are guaranteed. Political parties must respect the principles of national sovereignty and of democracy.
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*11.
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Co-operatives, trade unions and all socio-economic organisations of a national character are entitled to participate in the various management and decision making processes of the States and particularly in the political, economic, social and cultural sectors of national life.
Validation—Act No. 1 of 1988
*6. Any written law passed or made on or after 6th October, 1980 and before the date on which the Bill for this Act received the assent of the President, and anything done, or any action taken, under any such written law shall be deemed to be void, or ever to have been void, only on the ground that any consultation, or any participation in any management or decision making process, pursuant to article 11 or any other provision of Chapter II of Part 1 of the Constitution, has not taken place, and every such written law shall, subject to the provisions of Title 1 of Part 2 of the Constitution and to the power of the Parliament to repeal or amend it, continue in force:
Provided that this section shall not be deemed to validate section 28C inserted in the Labour Act of the Labour (Amendment) Act 1984 or section 7 of the latter Act.
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12.
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Local government by freely elected representatives of the people is an integral part of the democratic organisation of the State.
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13.
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The principle objective of the political system of the State is to extend socialist democracy by providing increasing opportunities for the participation of citizens in the management and decision making processes of the State.
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14.
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The supreme goal of the economic system which is being established in the State is the fullest possible satisfaction of the people’s growing material, cultural and intellectual requirements, as well as the development of their personality and their socialist relations in society.
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15.
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(1)
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In order to achieve economic independence as the imperative concomitant of its political independence, the State will revolutionize the national economy.
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(2)
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The national economy of the State will be based upon the social ownership of the means of production and the eventual abolition of internal arrangements and relationships which perm it the exploitation of man by man.
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(3)
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The economy will develop in accordance with the economic laws of socialism on the foundation of socialist relations of production and development of the production forces.
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(4)
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National economic planning shall be the basic principle of the development and management of the economy. It shall provide for the widest possible participation of the people and their socio-economic organs at enterprise, community, regional and national levels, and shall also provide continuous opportunity for the working people to exercise initiative and to develop a spirit of creativity and innovation.
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16.
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Co-operativism in practice shall be the dynamic principle of socialist transformation and shall pervade and inform all interrelationships in the society. Co-operativism is rooted in the historical experience of the people, is based on self-reliance, is capable of releasing the productive energies of the people, and is a unifying principle in the total development of the nation.
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17.
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The existence of privately owned economic enterprises is recognized. Such enterprises must satisfy social needs and operate within the regulatory framework of national policy and the law.
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18.
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Land is for social use and must go to the tiller.
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19.
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Every citizen has the right to own personal property which includes such assets as dwelling houses and the land on which they stand, farmsteads, tools and equipment, motor vehicles and bank accounts.
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20.
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The right of inheritance is guaranteed.
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21.
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The source of the growth of social wealth and of the well-being of the people, and of each individual, is the labour of the people.
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22.
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(1)
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Every citizen has the right to work and its free selection in accordance with social requirements and personal qualifications. He has the right to be reward ed according to the nature, quality and quantity of his work. Women and men have the right to equal pay for equal work.
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(2)
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Socially useful activity is an honourable duty of every citizen able to work. The right to work implies a corresponding duty to work.
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(3)
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The right to work is guaranteed—
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(i)
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by social ownership of the means of production, distribution and exchange;
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(ii)
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by socialist planning, development and management of the economy;
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(iii)
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by planned and progressive growth of the socialist productive forces and labour productivity;
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(iv)
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by consistent implementation of scientific principles and new and productive forces and labour productivity;
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(v)
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by continuous education and training of citizens;
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(vi)
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by socialist labour laws; and
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(vii)
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by sustained efforts on the part of the State, co-operatives, trade unions and other socio-economic organisations and the people working together to develop the economy in accordance with the foregoing principles in order to increase continuously the country’s material wealth, expand employment opportunities, improve working conditions and progressively increase amenities and benefits.
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23.
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Every citizen has the right to rest, recreation and leisure. The State in co-operation with co-operatives, trade unions and other socio-economic organisations will guarantee this right by prescribing hours and conditions of work and by establishing holiday arrangements for workers, including a complex of cultural, educational and health institutions.
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24.
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Every citizen has the right to free medical attention and also to social care in case of old age and disability.
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25.
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Every citizen has a duty to participate in activities designed to improve the environment and protect the health of the nation.
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26.
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Every citizen has the fight to proper housing accommodation.
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27.
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Every citizen has the right to a free education from nursery to university as well as at non-formal laces share opportunities are provided for education and training.
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28.
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Every young person has the right to ideological, social, cultural and vocational development and to the right of the socialist order of society.
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29.
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(1)
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Women and men have equal rights and the same legal status in all spheres of political, economic and social life. All forms of discrimination against women on the basis of their sex is illegal.
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(2)
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The exercise of women’s rights is ensured by according women access with men to academic, vocational and professional training, equal opportunities in employment, remuneration and promotion, and in social, political and cultural activity, by special labour and health protections measures for women, by providing conditions enabling mothers to work, and by legal protection and material and moral support for mothers and children, including paid leave and other benefits for mothers and expectant mothers.
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30.
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Children born out of wedlock are entitled to the same legal rights and legal status as are enjoyed by children born in wedlock. All forms of discrimination against children on the basis of their being born out of wedlock are illegal.
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31.
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It is the duty of the State to protect the just rights and interests of citizens abroad.
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32.
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It is the joint duty of the State, the society and every citizen to combat and prevent crime and other violations of the law and to take care of and protect public property .
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33.
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It is the duty of every citizen to defend the State.
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34.
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It is the duty of the State to enhance the cohesiveness of the society by eliminating discriminatory distinctions between classes, between town and country, and between mental and physical labour.
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35.
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The State honours and respects the diverse cultural strains which enrich the society and will seek constantly to promote national appreciation of them at all levels and to develop out of them a socialist national culture for Guyana.
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36.
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In the interests of the present and future generations, the State will protect and make rational use of its land, mineral and water resources, as well as its fauna and flora, and will take all appropriate measures to conserve and improve the environment.
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37.
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The State supports the legitimate aspirations of other peoples for freedom and independence and will establish relations with all states on the basis of sovereign equality, mutual respect, inviolability of frontiers, territorial integrity of states, peaceful settlement of disputes, non-intervention in internal affairs, respect for human rights and fundamental freedoms, and co-operation among States.
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38.
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It is the duty of the State, co-operatives, trade unions and other socio-economic organisations and the people through sustained and disciplined endeavors to achieve the highest possible levels of production and productivity and to develop the economy in order to ensure the realization of the rights set out in this Chapter.
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Amended by Act No. 1 of 1988 by insertion of the Article as follows:
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39.
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Parliament may by law provide that any provision of this Chapter shall be enforceable in any court or tribunal and only where, and to the extent to which, such law provides for the enforcement of any such provision, and not otherwise, shall that provision be enforceable in any court or tribunal.
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CHAPTER III
FUNDAMENTAL RIGHTS AND FREEDOMS OF THE INDIVIDUAL
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40.
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(1)
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Every person in Guyana is entitled to the basic right to a happy, creative and productive life, free from hunger, disease, ignorance and want. That right includes the fundamental rights and freedoms of the individual, that is to say, the right, whatever his race, place of origin, political opinions, colour, creed or sex, but subject to respect for the rights and freedoms of others and for the public interest, to each and all of the following, namely—
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(a)
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life, liberty, security of the person and the protection of the law.
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(b)
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freedom of conscience, of expression and of assembly and association; and
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protection for the privacy of his home and other property and from deprivation of property without compensation.
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(2)
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The provisions of Title 1 of Part 2 shall have effect for the purpose of affording protection to the aforesaid fundamental rights and freedoms of the individual subject to such limitations of that protection as are contained in those provisions, being limitations designed to ensure that the enjoyment of the said rights and freedoms by any individual does not prejudice the rights and freedoms of others in the public interest.
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CHAPTER IV
CITIZENSHIP
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41.
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Every person who, immediately before the commencement of this Constitution, is a citizen of Guyana shall continue to be a citizen of Guyana.
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42.
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(1)
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Every person who, immediately before the commencement of this Constitution, is or has been married to a person—
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(a)
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who continues to be a citizen of Guyana by virtue of the preceding article; or
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(b)
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who, having died before the commencement of this Constitution, would, but for his or her death, have continued to be a citizen of Guyana on that date by virtue of that article, shall, if not otherwise a citizen, be entitled, upon making application and upon taking the oath of allegiance, to be registered as a citizen of Guyana:
Provided that the right to be registered as a citizen under this paragraph shall be subject to such exceptions or qualifications as may be prescribed in the interests of national security or public policy.
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(2)
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Any application for registration under this article shall be made in such manner as may be prescribed.
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43.
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Every person born in Guyana after the commencement of this Constitution shall become a citizen of Guyana at the date of his birth:
Provided that a person shall not become a citizen of Guyana by virtue of this article if at the time of his birth—
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(a)
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his father or his mother possesses such immunity from suit and legal process as is accorded to an envoy of a foreign sovereign power accredited to Guyana and neither of them is a citizen of Guyana; or
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(b)
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his father or his mother is an enemy alien and the birth occurs in a place then under occupation by the enemy.
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44.
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A person born outside Guyana after the commencement of the Constitution shall become a citizen of Guyana at the date of his birth if at the date his father or his mother is a citizen of Guyana otherwise that by virtue of this article.
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45.
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Any person who, after the commencement of this Constitution, marries a person who is or becomes a citizen of Guyana shall be entitled, upon making an application in such manner and taking such oath of allegiance as may be prescribed, to be registered as a citizen of Guyana:
Provided that the right to be registered as a citizen of Guyana under this article shall be subject to such exceptions or qualifications as may be prescribed in the interests of national security or public policy.
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46.
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(1)
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If the President is satisfied that any citizen of Guyana has at any time after 25th May, 1966 acquired by registration, naturalisation or other voluntary and formal act (other than marriage) the citizenship of any country other that Guyana, the President may by order deprive that person of his citizenship.
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(2)
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If the President is satisfied that any citizen of Guyana has at any time after the 25th May, 1966, voluntarily claimed and exercised in a country other that Guyana any rights available to him under the law of that country, being rights accorded exclusively to its citizens, the President may by order deprive that person of his citizenship.
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47.
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(1)
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Every person who under this Constitution or any Act of Parliament is a citizen of Guyana or under any enactment for the time being in force in any country to which this article applies is a citizen of that country shall, by virtue of that citizenship, have the status of a Commonwealth citizen.
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(2)
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Every person who is a British subject without citizenship under the British Nationality Act 1948, continues to be a British subject under section 2 of that Act or is a British subject under the British Nationality Act 1965 shall, by virtue of that status, have the status of a Commonwealth citizen.
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(3)
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The countries to which this article applies are Australia, the Bahamas, Bangladesh, Barbados, Botswana, Canada, Cyprus, Dominica, Fiji, The Gambia, Ghana, Grenada, India, Jamaica, Kenya, Kiribati, Lesotho, Malawi, Malaysia, Malta, Mauritius, Nauru, New Zealand and Island Territories and self-governing Countries in free Association with New Zealand, Nigeria, Papua New Guinea, Seychelles, Sierra Leone, Singapore, Solomon Islands, Sri Lanka, St. Lucia, St. Vincent, Swaziland, Tanzania, Tonga, Trinidad and Tobago, Tuvalu, Uganda, United Kingdom and Colonies, Western Samoa and Zambia.
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(4)
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The President may from time to time by order subject to affirmative resolution of the National Assembly amend paragraph (3) by adding any country thereto or by deleting any country therefrom.
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48.
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Parliament may make provision—
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(a)
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for the acquisition of citizenship of Guyana by persons who do not become citizens of Guyana by virtue of the provisions of this Chapter;
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(b)
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for depriving of his citizenship of Guyana any person who is a citizen of Guyana otherwise than by virtue of article 41 (in so far as it relates to persons who became citizens of Guyana by virtue of articles 21, 23 and 24 of the Constitution of Guyana annexed to the Guyana Independence Order), 43 or 44; or.
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©
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for the renunciation by any person of his citizenship of Guyana.
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49.
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(1)
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In this chapter “prescribed” means prescribed by or under any Act of Parliament.
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(2)
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For the purposes of this Chapter, a person born aboard a registered ship or aircraft or aboard an unregistered ship or aircraft of the government of any country shall be deemed to have been born in the place in which the ship or aircraft was registered or, as the case may be, in that country.
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(3)
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Any reference in this Chapter to the national status of the father or mother of a person at the time of that person’s birth shall in relation to a person born after the death of either parent, be construed as a reference to the national status of the deceased parent at the time of that parent’s death; and where that death occurred before the date of commencement of this Constitution, and the birth occurred on or after that date, the national status which that parent would have had if he or she had died on that date, shall be deemed to be his or her national status at the time of death.
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CHAPTER V
SUPREME ORGANS OF DEMOCRATIC POWER
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50.
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The supreme organs of democratic power in Guyana shall be—
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(i)
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the Parliament;
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(ii)
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the National Congress of Local Democratic Organs;
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(iii)
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the Supreme Congress of the People;
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(iv)
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the President; and
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(v)
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the Cabinet.
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CHAPTER VI
PARLIAMENT
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Composition of Parliament
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51.
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There shall be a Parliament of Guyana, which shall consist of the President and the National Assembly.
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52.
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(1)
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Subject to paragraph (2) and to articles 105, 185 and 186, the National Assembly shall consist of sixty-five members who shall be elected in accordance with the provisions of this Constitution and, subject thereto, in accordance with any law made by Parliament in that behalf.
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(2)
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If any person who is not a member of the National Assembly is elected to be Speaker of the Assembly, he shall, by virtue of holding the office of Speaker, be a member of the Assembly in addition to the members aforesaid.
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53.
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Subject to article 155 (which relates to allegiance, insanity, and other matters) a person shall be qualified for election as a member of the National Assembly if, and shall not be so qualified unless, he—
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(a)
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is a citizen of Guyana of the age of eighteen years or upwards; and
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(b)
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is able to speak, and, unless incapacitated by blindness or other physical cause, read the English language with a degree of proficiency sufficient to enable him to take an active part in the proceedings of the Assembly.
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54.
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Members of the National Assembly shall vacate their seats in the Assembly in the circumstances set out in article 156.
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55.
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Whenever elections have been held pursuant to the provisions of article 61, the National Assembly shall hold its first meeting at the time appointed under article 69 (1), and any reference in this Constitution to the National Assembly meeting for the first time after any election shall be read and construed as a reference to such first a meeting.
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56.
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(1)
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When the National Assembly first meets after any election and before it proceeds to the despatch of any other business, elect a person to be the Speaker of the Assembly; and, if the office of Speaker falls vacant at any time before the next dissolution of Parliament, the Assembly shall, as soon as practicable, elect another person to that office.
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(2)
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The Speaker may be elected either from among the members of the Assembly who are not Ministers of Parliamentary Secretaries or from among persons who are not members of the Assembly but are qualified for election as members.
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(3)
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When the National Assembly first meets after any election and before it proceeds to the despatch of any other business except the election of the Speaker, the Assembly shall elect a member of the Assembly who is not a Minister of a Parliamentary Secretary to be Deputy Speaker of the Assembly; and if the office of Deputy Speaker falls vacant at any time before the next dissolution of Parliament, the Assembly shall, as soon as convenient, elect another such member to that office.
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(4)
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A person shall vacate the office of Speaker of Deputy Speaker if required to do so by article 157 (which relates to loss of qualification for election as a member of the National Assembly and other matters).
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57.
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(1)
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There shall be a Clerk and a Deputy Clerk of the National Assembly, and appointments to those offices shall be made by the President acting in accordance with the advice of the Speaker.
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(2)
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The tenure of office and terms of service of the Clerk and Deputy Clerk and other matters relating thereto shall be regulated by article 158.
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58.
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(1)
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Any person who sits or votes in the National Assembly, knowing or having reasonable ground for knowing that he is not entitled to do so, shall be liable to a penalty of fifty dollars for each day upon which he so sits or votes.
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(2)
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Any such penalty shall be recoverable by civil action in the High Court at the suit of the Attorney General.
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Elections
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59.
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Subject to the provisions of article 159, every person may vote at an election if he is of the age of eighteen years or upwards and is either a citizen of Guyana or a Commonwealth citizen domiciled and resident in Guyana.
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60.
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(1)
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Elections of members of the National Assembly shall be by secret ballot.
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(2)
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Subject to the provisions of article 160 (2), fifty-three members of the National Assembly shall be elected in accordance with the system of proportional representation prescribed by article 1 60 (1).
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(3)
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On such day as the President may by proclamation appoint, being a day which he considers to be as early as practicable after an election of members of a regional democratic council has been held in consequence of a dissolution effected under the provisions of article 73 (2), the council shall elect one of its members to serve as a member of the National Assembly.
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(4)
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On such day as the President may by proclamation appoint, being a day which he considers to be as early as practicable after an election of members of the National Congress of Local Democratic Organs has been held in consequence of a dissolution effected under the provisions of article 80 (2), the Congress shall elect two of its members to serve as members of the National Assembly.
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61.
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An election of members of the National Assembly under article 60 (2) shall be held on such day within three months after every dissolution of Parliament as the President shall appoint by proclamation:
Provided that no balloting commenced during the period of three months aforesaid, performed before the day so appointed, and pursuant to which the votes of any person registered as electors are cast at the election, shall be deemed contrary to the requirements of this article by reason only that such balloting has been so performed.
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62.
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Elections shall be independently supervised by the Elections Commission in accordance with the provisions of article 162.
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63.
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Parliament may make provision for the filling of casual vacancies among the seats of members of the National Assembly and for other matters relating to election of members of the Assembly in accordance with the provisions of paragraph (2) and (3) of article 160.
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64.
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All questions as to membership of the National Assembly shall be determined by the High Court in accordance with the provisions of article 163.
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Powers and Procedure of Parliament
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65.
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(1)
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Subject to the provisions of this Constitution, Parliament may make laws for the peace, order and good government of Guyana.
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Amended by Act No. 1 of 1988 by insertion as follows:
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(2)
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The validity of any law under this Constitution with effect from a date earlier than the day on which this Constitution commenced shall not be called in question in any court or tribunal on the ground that it contravenes, or is inconsistent with, any provision of any constitution which was in force in Guyana at any time before the day on which this Constitution commenced.
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66.
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Subject to the special procedure set out in article 164, Parliament may alter this Constitution.
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67.
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(1)
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The President may at any time attend and address the National Assembly.
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(2)
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The President may send messages to the National Assembly and any such message shall be read, at the first convenient sitting of the Assembly after if is received, by the Prime Minister of by any other Minister designated by the President.
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68.
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All other matters concerning Parliament (including the procedure thereof) shall be regulated by the provisions of articles 165 to 172 (inclusive).
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Summoning, Prorogation and Dissolution
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69.
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(1)
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Each session of Parliament shall be held at such place within Guyana and shall begin at such time (not being later that six months from the end of the preceding session if Parliament has been prorogued or four months from the end of that session if Parliament has been dissolved) as the President shall appoint by proclamation.
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(2)
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Subject to the provisions of the preceding paragraph, the sittings of the National Assembly shall be held at such time and place as the Assembly may, by its rules of procedure or otherwise, determine.
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70.
|
(1)
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The President may at any time by proclamation prorogued Parliament.
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(2)
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The President may at any time by proclamation dissolve Parliament.
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(3)
|
Parliament, unless sooner dissolved, shall continue for five years from the date when the Assembly first meets after any dissolution and shall then stand dissolved.
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(4)
|
During any time when the President considers that Guyana is at war Parliament may from time to time extend the period of five years specified in the preceding paragraph by not more than twelve months at a time:
Provided that the life of Parliament shall not be extended under this paragraph by more than five years.
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(5)
|
If, after a dissolution and before the holding of an election of members of the Assembly, pursuant to the provisions of article 61, the President considers that owing to the existence of a state of war of a state of emergency in Guyana or any part thereof, it is necessary to recall Parliament, the President shall summon the Parliament that has been dissolved to meet, but the election of members of the Assembly shall proceed and the Parliament that has been recalled shall, if not sooner dissolved, again stand dissolved on the day before the day on which the election is held.
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CHAPTER VII
LOCAL DEMOCRACY
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Local Democratic Organs
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71.
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(1)
|
Local government is a vital aspect of socialist democracy and shall be organised so as to involve as many people as possible in the task of managing and developing the communities in which they live.
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(2)
|
For this purpose Parliament shall provide for the institutions of a country-wide system of local government through the establishment of organs of local democratic power as an integral part of the political organisation of the State.
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72.
|
(1)
|
Parliament may provide for the division of Guyana (same for any areas excluded by it) into ten regions and into such sub-regions and other subdivisions as it may deem for the purpose of organising local democratic organs.
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(2)
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In defining the boundaries of any areas into which Guyana may be divided under paragraph (1) account shall be taken of the population, the physical size, the geographical characteristics, the economic re sources and the existing and planned infrastructure of each area, as well as the possibilities of facilitating the most rational management and use of such resources and infrastructure, with a view to ensuring that the area is or has the potential for becoming economically viable.
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73.
|
(1)
|
Members of a regional democratic council shall be elected by persons residing in the region and registered as electors for the purpose of article 159:
Provided that Parliament may make provision for any areas which do not form part of any region to be represented on the regional democratic council of any region near to which it is situate for such purposes as Parliament may prescribe.
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(2)
|
Elections of members of regional democratic councils shall be held and the councils shall be dissolved at such times as, subject to paragraph (3), the President may appoint by proclamation.
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(3)
|
The interval between any two successive dissolutions of a regional democratic council shall not exceed five years and four months:
Provided that, if at the expiration of that period the duration of Parliament has been extended under article 70 (4), that period shall not be deemed to come to an end until the expiration of the period for which the duration of Parliament has been extended.
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74.
|
(1)
|
It shall be the primary duty of local democratic organs to ensure in accordance with law the efficient management and development of their areas and to provide leadership by example.
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(2)
|
Local democratic organs shall organise popular co-operation in respect of the political, economic, cultural and social life of their areas and shall co-operate with the social organisations of the working people.
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(3)
|
It shall be the duty of local democratic organs to maintain and protect public property, improve working and living conditions, promote the social and cultural life of the people, raise the level of civi c consciousness, preserve law and order, consolidate socialist legality and safeguard the rights of citizens.
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75.
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Parliament may provide for local democratic organs to take decisions which are binding upon their agencies and institutions, and upon the communities and citizens of their areas.
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76.
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Parliament may provide for regional democratic councils to raise their own revenues and to dispose of them for the benefit and welfare of their areas.
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77.
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The development programme of each region shall be integrated into the national development plans, and the Government shall allocate funds to each region to enable it to implement its development programme.
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|
78.
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|
Parliament may make provision for the election of members of local democratic organs (including the commencement of balloting before the day appointed for holding an election) and for all other matters relating to their membership, powers, duties, functions and responsibilities.
|
|
The National Congress of Local Democratic Organs
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|
79.
|
|
There shall be a National Congress of Local Democratic Organs which shall have responsibility for representing the interests of local government in Guyana and such other duties and functions as may be assigned to it by this Constitution or by any other law.
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|
80.
|
(1)
|
The members of the National Congress of Local Democratic Organs shall be elected by and from among the members of such local democratic organs as may be prescribed by Parliament.
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|
(2)
|
Elections of members of the National Congress of Local Democratic Organs shall be held and the Congress shall be dissolved at such times as, subject to paragraph (3), the President may appoint by proclamation.
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|
|
(3)
|
The interval between any two successive dissolutions of the National Congress of Local Democratic Organs shall not exceed five years and four months:
Provided that, if at the expiration of that period the duration of Parliament has been extended under article 70 (4), that period shall not be deemed to come to an end until the expiration of the period for which the duration of Parliament has been extended.
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|
81.
|
|
Parliament may make provision for all other matters relating to the establishment, membership and functions of the National Congress of Local Democratic Organs, for the election of the members t hereof and for effective participation by them through the Congress in the decision making processes of the State.
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CHAPTER VIII
THE SUPREME CONGRESS OF THE PEOPLE
|
82.
|
|
There shall be a Supreme Congress of the People of Guyana, which shall consist of all members of the National Assembly and all members of the National Congress of Local Democratic Organs.
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83.
|
|
The Supreme Congress of the People may discuss any matter of public interest and may make recommendations thereon to the National Assembly of the Government. In particular, the Congress shall advise the President on all matters which he may refer to it, and for this purpose article 67 shall apply in relation to the Congress as it applies in relations to the National Assembly.
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|
84.
|
(1)
|
Each session of the Supreme Congress of the People shall be held at such place within Guyana and shall begin at such time as the President shall appoint by proclamation.
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(2)
|
Subject to the provisions of the preceding paragraph, the sittings of the Congresses shall be held at such time and place as the Congress may, by its rules of procedure or otherwise, determine.
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|
|
85.
|
(1)
|
The President may at any time by proclamation summon, prorogue or dissolved on the occurrence of a dissolution of Parliament.
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|
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|
(2)
|
The Supreme Congress of the People, unless sooner dissolved, shall stand dissolved on the occurrence of a dissolution of Parliament.
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86.
|
|
The Chairman of the Supreme Congress of the People shall be the person who is entitled for the time being to discharge the functions of the office of Speaker of the National Assembly. If there is no such person, the Congress shall elect its own Chairman.
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|
87.
|
|
The Clerk, the Deputy Clerk and officers of the National Assembly shall also be the Clerk, the Deputy Clerk and officers respectively of the Supreme Congress of the People.
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|
88.
|
|
All other matters concerning the Supreme Congress of the People (including the procedure thereof) shall be regulated by the provisions of articles 173 to 176 (inclusive).
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CHAPTER IX
THE PRESIDENT
|
89.
|
|
There shall be a President of the Co-operative Republic of Guyana, who shall be Head of State, the supreme executive authority, and Commander-in-Chief of the armed forces of the Republic.
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90.
|
|
A person shall be qualified for election as President and shall not be so qualified unless he—
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|
|
(a)
|
is a citizen of Guyana; and
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|
|
(b)
|
is otherwise qualified to be elected as a member of the National Assembly:
Provided that a person holding the office of President or otherwise discharged the functions of that office shall not on that account be disqualified for election as President.
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|
91.
|
|
The President shall be elected by the people in the manner prescribed by article 177.
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|
|
A person assuming the office of President in accordance with the provisions of this Constitution shall, unless his office sooner becomes vacant under article 178, continues in office until the person elected to the office of President at the next election held under article 91 assumes office.
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|
93.
|
|
The President may be removed from office if he becomes physically or mentally incapable of discharging the functions of his office. The procedure for removing him and for ensuring the continued discharge of the functions of his office is prescribed by article 179.
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|
94.
|
|
The President may be removed from office if he commits any violation of this Constitution or any gross misconduct. The procedure for removing him is prescribed by article 180.
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|
95.
|
(1)
|
During any period when the office of the President is vacant the office shall be assumed by—
|
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|
|
|
(a)
|
the Prime Minister:
Provided that if the vacancy occurs while the Prime Minister is absent from Guyana or while he is by reason of physical or mental infirmity unable to perform the functions of his office, the functions of the office of President shall, until the Prime Minister returns or until he is again able to perform the functions of his office, as the case may be, be discharged by such, other Minister, being an elected member of the National Assembly, as the Cabinet shall elect; or
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(b)
|
if there is no Prime Minister, by such Minister being an elected member of the national Assembly, as the Cabinet shall elect; or
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©
|
if there is no Prime Minister and no Cabinet, by the Chancellor.
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|
|
|
(2)
|
Any Minister performing the functions of the office of President by virtue of the proviso to paragraph (1) (a) shall cease to perform those functions if he is notified by the Prime Minister that the Prime Minister is about to assume the office of President.
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|
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|
|
(3)
|
An assumption of the office of President under this article shall terminate, if it has not previously terminated, when a person who has been elected to the office in accordance with the provisions of article 177 assumes the office.
|
|
|
|
96.
|
(1)
|
Whenever the President is absent from Guyana or considers it desirable so to do by reason of illness or any other cause he may, by direction in writing, authorise any member of the Cabinet, being an elected member of the National Assembly, to perform such of the functions of office of President as he may specify and the person so authorised shall perform those functions until his authority is revoked by the President or until the functions are resumed by the President.
|
|
|
|
|
(2)
|
If the President is incapable by reason of physical or mental infirmity of discharging the functions of his office and the infirmity is of such a nature that the President is unable to authorise another person under this article to perform those functions—
|
|
|
|
|
|
(a)
|
the Prime Minister; or
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|
|
|
|
(b)
|
during any period when there is no Prime Minister or the Prime Minister is absent from Guyana or is, by reason of physical or mental infirmity, unable to perform the functions of his office, such other Minister, being an elected member of the National Assembly, as the Cabinet shall elect, or
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|
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©
|
if there is no Prime Minister and no Cabinet, the Chancellor, shall perform the functions of the office of President:
Provided that any person performing the functions of the office of President under this paragraph shall not dissolve Parliament nor, save on the advice of the Cabinet, revoke any appointment made by the President.
|
|
|
|
|
(3)
|
Any person performing the functions of the office of President by virtue of paragraph (2) shall cease to perform those functions if he is notified by the President that the President is about to resume those functions.
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|
|
97.
|
(1)
|
A person elected as President shall assume the office of President upon being elected but shall, before entering upon the duties of the office, take and subscribe the oath of office, such oath being administered by the Chancellor or such other Judge of the Supreme Court of Judicature as may be designated by the Chancellor.
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|
|
|
|
(2)
|
The provisions of the foregoing paragraph shall apply to any person assuming the office of President or performing the functions of thereof under article 95, 96 or 179, as the case may be, as they apply to a person elected as President.
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|
|
|
98.
|
|
The remuneration and immunities of the President shall be regulated by articles 181, 182 and 222.
|
|
CHAPTER X
THE EXECUTIVE
|
99.
|
(1)
|
The executive authority of Guyana shall be vested in the President and, subject to the provisions of this Constitution, may be exercised by him either directly or through officers subordinate to him.
|
|
|
(2)
|
Nothing in this article shall prevent Parliament from conferring functions on persons or authorities other that the President.
|
|
100.
|
|
Subject to the provisions of article 185, there shall be an office of Prime Minister and such offices of Vice President and other offices of Minister of the Government of Guyana as may be established by Parliament or, subject to the provisions of any Act of Parliament, by the President.
|
|
101.
|
(1)
|
The President shall appoint an elected member of the National Assembly to be Prime Minister of Guyana.
|
|
|
|
(2)
|
The Prime Minister shall be the principal assistant of the President in the discharge of his executive functions and leader of Government business in the National Assembly.
|
|
|
102.
|
(1)
|
The President may appoint Vice Presidents for the purpose of assisting him in the discharge of his functions.
|
|
|
|
(2)
|
If his is not otherwise the holder of an office of Vice President, the person holding the office of Prime Minister shall, by virtue of holding that office, be a Vice President, and he shall have precedence over any other Vice President.
|
|
|
103.
|
(1)
|
The Prime Minister and every other Vice President shall be a Minister of the Government of Guyana.
|
|
|
|
(2)
|
Subject to the provisions of article 101 (1), Vice Presidents and other Ministers shall be appointed by the President from among persons who are elected members of the National Assembly or are qualified to be elected as such members.
|
|
|
104.
|
|
Articles 101 (1) and 103 (2) shall have effect in relation to any period between a dissolution of Parliament and the day on which the next election of members of the Assembly is held pursuant to the provisions of article 61, or between a dissolution of a regional democratic council or of the National Congress of Local Democratic Organs and the day on which the next election by that council or by the Congress is held pursuant to the provisions of paragraph (3) or (4) of article 60, as the case may be, as if Parliament of that council or the Congress, as the case may be, had not been dissolved.
|
|
105
|
|
A Minister who was not an elected member of the Assembly at the time of his appointment shall (unless he becomes such a member) be a member of the Assembly by virtue of holding the office of Minister but shall not vote in the Assembly.
|
|
106.
|
(1)
|
There shall be a Cabinet for Guyana, which shall consist of the President, the Prime Minister, the Vice Presidents, and such other Ministers as may be appointed to it by the President.
|
|
|
|
(2)
|
The Cabinet shall aid and advise the President in the general direction and control of the Government of Guyana and shall be collectively responsible therefor to Parliament.
|
|
|
|
(3)
|
Cabinet Meetings shall be presided over by—
|
|
|
|
|
(a)
|
the President;
|
|
|
|
|
(b)
|
in the absence of the President, the Prime Minister; or
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|
|
|
|
©
|
in the absence of the President and the Prime Minister, such Minister as the President may designate.
|
|
|
|
(4)
|
The Cabinet may act notwithstanding any vacancy in its membership of the absence of any member thereof.
|
|
|
|
(5)
|
At the invitation of the President or of any person presiding at a meeting of the Cabinet, a Minister who is not a member of the Cabinet may attend that meeting and participate fully in the proceedings as if he were a member.
|
|
|
107.
|
|
The President may assign to any Minister responsibility for any business of the Government of Guyana, including the administration of any department of Government, and shall be charged with all responsibility not assigned to any Minister:
Provided that authority to exercise any power or discharge any duty that is conferred or imposed by any other provision of this Constitution or by any other law on any person or authority shall not be conferred under this article.
|
|
108.
|
|
The office of a Minister shall become vacant in the circumstances set out in article 183.
|
|
109.
|
|
Whenever any Minister is absent from Guyana or is unable by reason of illness to perform his functions as Minister, the President may authorise some other Minister to perform those functions and that Minister may perform those functions until they are resumed by the first mentioned Minister or are assigned to another Minister pursuant to the provisions of article 107.
|
|
110.
|
(1)
|
There shall be an office of Minority Leader and appointments thereto shall be made by the President.
|
|
|
|
(2)
|
Qualifications for appointment to the office of Minority Leader and other matters connected therewith are regulated by article 184.
|
|
|
111.
|
(1)
|
In the exercise of his functions under this Constitutions or any other law, the President shall act in accordance with his own deliberate judgement except in cases where, by this Constitution or by any other law, he is required to act in accordance with the advice or on the recommendation of any person or authority.
|
|
|
|
(2)
|
Where by this Constitution the President is directed to exercise any function on the advice or recommendation of any person or authority, he may, in accordance with his own deliberate judgement, once refer any such advice or recommendation back for reconsideration by the person or authority concerned and if that person or authority, having reconsidered the original advice or recommendation, substitutes therefor a different advice or recommendation, as the case may be, the President shall act in accordance therewith; but save as aforesaid he shall act in accordance with the original advice or recommendation.
|
|
|
112.
|
(1)
|
There shall be an Attorney General of Guyana who shall be the principal legal adviser to the Government of Guyana and who shall be appointed by the President.
|
|
|
|
(2)
|
Qualifications for appointment to the office of Attorney General and other matters connected therewith are regulated by article 185.
|
|
|
113.
|
(1)
|
The President may appoint Parliamentary Secretaries to assist himself or Ministers in the discharge of their functions.
|
|
|
|
(2)
|
Qualifications for appointment to the office of Parliamentary Secretary and other matters connected therewith are regulated by article 186.
|
|
|
114.
|
|
Every Minister and Parliamentary Secretary shall, before entering upon the duties of his office, make and subscribe the oath of office.
|
|
115.
|
|
Where the President or any Minister has been charged with responsibility for any department of Government, he shall exercise general direction and control over that department; and, subject to such direction and control, the department shall be under the supervision of a permanent secretary, whose office shall be a public office:
Provided that two or more government departments may be placed under the supervision of one permanent secretary.
|
|
116.
|
(1)
|
There shall be a Director of Public Prosecutions whose office shall be a public office.
|
|
|
|
(2)
|
The functions of the Director of Public Prosecutions are set out in article 187.
|
|
|
117.
|
(1)
|
There shall be a Secretary to the Cabinet whose office shall be a public office.
|
|
|
|
(2)
|
The Secretary to the Cabinet, who shall have charge of the Cabinet Office, shall be responsible in accordance with such instructions as may be given him by the President, for arranging the business for, and keeping the minutes of, the Cabinet and for conveying the decisions of the Cabinet to the appropriate person or authority and shall have such other functions as the President may direct.
|
|
|
118.
|
(1)
|
Cabinet may establish sub-committees of itself for the purpose of attending to any of its responsibilities.
|
|
|
|
(2)
|
Cabinet may in particular establish a finance subcommittee of itself to be assisted by experts and advisers, including the Auditor General, and charge it with responsibility for supervising the financial affairs of the State and for instituting, monitoring and enforcing systems of financial control and discipline throughout the service of both central and local government, including the service of corporations, boards and agencies established by the Government.
|
|
|
119.
|
|
Subject to any provision made by Parliament, the President may appoint standing committees consisting of such persons as he may deem fit for the purpose of reviewing of examining any aspect of national life and making recommendations or otherwise reporting thereon to the Government of to Parliament.
|
|
120.
|
|
Subject to the provisions of this Constitution and of any other law, the President may constitute offices for Guyana, make appointments to any such office and terminate any such appointment.
|
|
121.
|
|
The Prerogative of Mercy shall vest in the President and shall be exercised by him in accordance with the provisions of articles 191 to 196 (inclusive).
|
|
122.
|
(1)
|
There shall be an Ombudsman for Guyana.
|
|
|
|
(2)
|
All matters relating to the appointment and functions of the Ombudsman and other matters connected therewith are regulated by articles 191 to 196 (inclusive).
|
|
CHAPTER XI
THE JUDICATURE
|
The Supreme Court of the Judicature
|
|
123.
|
(1)
|
There shall be for Guyana a Supreme Court of Judicature consisting of a Court of Appeal and a High Court, with such jurisdiction and powers as are conferred on those Courts respectively by this Constitution or any other law.
|
|
|
|
(2)
|
Each of those Courts shall be a superior court of record and, save as otherwise provided by Parliament, shall have all the powers of such a court.
|
|
|
|
(3)
|
Parliament may confer on any court any part of the jurisdiction of and any powers conferred on the High Court by this Constitution or any other law.
|
|
|
124.
|
|
The Judges of the Court of Appeal shall be the Chancellor, who shall be the President of the Court of Appeal, the Chief Justice and such number of Justices of Appeal as may be prescribed by Parliament.
|
|
125.
|
|
The Judges of the High Court shall be the Chief Justice and such number of Puisne Judges as may be prescribed by Parliament.
|
|
Judges of the Supreme Court of Judicature
|
|
|
126.
|
|
Except as otherwise expressly provided or required by the context, in this Constitution the word “Judge” includes the Chancellor, the Chief Justice of Appeal and a Puisne Judge.
|
|
127.
|
(1)
|
The Chancellor and the Chief Justice shall be appointed by the President acting after consultation with the Minority Leader.
|
|
|
|
(2)
|
If the office of Chancellor or Chief Justice is vacant or if the person holding the office of Chancellor is performing the functions of the office of President or is for any other reason unable to perform the functions of his office, or if the person holding the office of Chief Justice is for any reason unable to perform the functions of his office, then, until a person has been appointed to and has assumed the functions of such office or until the person holding such office has resumed those functions, as the case may be, those functions shall be performed by such other of the Judges as may be appointed by the President.
|
|
|
128.
|
(1)
|
The Judges, other than the Chancellor and the Chief Justice, shall be appointed by the President, acting in accordance with the advice of the Judicial Service Commission.
|
|
|
|
(2)
|
If—
|
|
|
|
|
(a)
|
the office of any such Judge is vacant;
|
|
|
|
|
|
(b)
|
any such Judge is for any reason unable to perform the functions of his office;
|
|
|
|
|
|
©
|
any such Judge is acting as Chancellor of Chief Justice or a Puisne Judge is acting as a Justice of Appeal; or
|
|
|
|
|
|
(d)
|
the Chancellor advises the President that the state of business of the Court of Appeal or the High Court so requires;
|
|
|
|
|
|
the President, acting in accordance with the advice of the Judicial Service Commission, may appoint a person to act in the office of Justice of Appeal or Puisne Judge, as the case may require:
Provided that a person may be so appointed notwithstanding that he has attained the age at which that office is required by article 197 to be vacated by a holder thereof.
|
|
|
|
(3)
|
The appointment of any person under the preceding paragraph to act in the office of a Justice of Appeal or Puisne Judge shall continue to have effect until it is revoked by the President, actin g in accordance with the advice of the Judicial Service Commission.
|
|
|
129.
|
(1)
|
A person shall not be qualified to be appointed to hold or to act in the office of a Judge unless—
|
|
|
|
|
(a)
|
he is or has been a judge of a court having unlimited jurisdiction and criminal matters in some part of the Commonwealth or a court having jurisdiction in appeals from any such court; or
|
|
|
|
|
|
(b)
|
he is qualified for admission as an attorney-at-law in Guyana and has been so qualified for such period as may be prescribed by Parliament.
|
|
|
|
|
(2)
|
Parliament may prescribe different periods under subparagraph (b) of the preceding paragraph in relation to the offices of the different Judges mentioned in article 126.
|
|
|
130.
|
(1)
|
Parliament may make provision for the exercise of—
|
|
|
|
|
(a)
|
the jurisdiction and powers of a Justice of Appeal by such Puisne Judge as may be requested by the Chancellor to sit as an additional Justice of Appeal at sittings of the Court of Appeal; and
|
|
|
|
|
|
(b)
|
the jurisdiction and powers of a Puisne Judge by such Justice of Appeal as may be requested by the Chancellor to sit an additional Puisne Judge.
|
|
|
|
|
(2)
|
Article 132 shall not apply to a Justice of Appeal or a Puisne Judge in the carrying out by him of any function pursuant to paragraph (1).
|
|
|
131.
|
|
Judges shall have full security of office as provided for in article 197.
|
|
132.
|
|
A Judge shall not enter upon the duties of his office unless he has taken and subscribed the oath of office.
|
|
Appeals
|
|
|
133.
|
(1)
|
An appeal to the Court of Appeal shall lie as of right from decisions of the High Court in the following cases, that is to say—
|
|
|
|
|
(a)
|
final decisions in any civil or criminal proceedings on questions as to the interpretation of this Constitution; and
|
|
|
|
|
|
(b)
|
final decisions given in exercise of the jurisdiction conferred on the High Court by article 153 (which related to the enforcement of fundamental rights and freedoms).
|
|
|
|
|
(2)
|
Nothing in paragraph (1) shall apply to the matters for which provision is made by article 163.
|
|
CHAPTER XII
THE SERVICE OF COMMISSIONS
|
134.
|
(1)
|
There shall be a Judicial Service Commission for Guyana.
|
|
|
(2)
|
The composition and functions of the Judicial Service Commission are set out in articles 198 and 199.
|
|
135.
|
(1)
|
There shall be a Public Service Commission for Guyana.
|
|
|
(2)
|
The composition and functions of the Public Service Commission are set out in article 200 to 205 (inclusive).
|
|
136.
|
(1)
|
There shall be a Teaching Service Commission for Guyana.
|
|
|
(2)
|
The composition and functions of the Teaching Service Commission are set out in articles 207, 208 and 209.
|
|
137.
|
(1)
|
There shall be a Police Service Commission for Guyana.
|
|
|
(2)
|
The composition and functions of the Police Service Commission are set out in articles 210, 211 and 212.
|
TITLE 1
PROTECTION OF FUNDAMENTAL RIGHTS AND
FREEDOMS OF THE INDIVIDUAL
|
138.
|
(1)
|
No person shall be deprived of his life intentionally save in execution of the sentence of a court in respect of an offense under the law of Guyana of which he has been convicted.
|
|
|
(2)
|
Without prejudice to any liability for a contravention of any other law with respect to the use of force in such cases as are hereinafter mentioned, a person shall not be regarded as having bee n deprived of his life in contravention of this article if he dies as the result of the use of force to such extent as is reasonably justifiable in the circumstances of the case—
|
|
|
|
(a)
|
for the defense of any person from violence or for the defense of property;
|
|
|
|
(b)
|
in order to effect a lawful arrest or to prevent the escape of a person lawfully detained;
|
|
|
|
©
|
for the purpose of suppressing a riot, insurrection or mutiny; or
|
|
|
|
(d)
|
in order to prevent the commission by that person of a criminal offense,
|
|
|
|
or if he dies as the result of a lawful act of war.
|
|
139.
|
(1)
|
No person shall be deprived of his personal liberty save as may be authorised by law in any of the following cases, that is to say—
|
|
|
|
(a)
|
in execution of the sentence or order of a court, whether established for Guyana or some other country, in respect of a criminal offense of which he has been convicted;
|
|
|
|
(b)
|
in execution of an order of the High Court of the Court of Appeal of such other court as may be prescribed by Parliament punishing him for contempt of any such court or of another cour t or tribunal;
|
|
|
|
©
|
in execution of the order of a court made to secure the fulfillment of any obligation imposed on him by law;
|
|
|
|
(d)
|
for the purpose of bringing him before a court in execution of the order of a court;
|
|
|
|
(e)
|
upon reasonable suspicion of his having committed, or being about to commit, a criminal offense under the law of Guyana;
|
|
|
|
(f)
|
in the case of a person who has not attained the age of eighteen years, under the order of a court or with the consent of his parent or guardian, for the purpose of his education or welfare;
|
|
|
|
(g)
|
for the purpose of preventing the spread of an infectious or contagious disease;
|
|
|
|
(h)
|
in the case of a person who is, or is reasonably suspected to be, of unsound mind, addicted to drugs or alcohol, or a vagrant, for the purpose of his care or treatment or the protection of the community;
|
|
|
|
(i)
|
for the purpose of preventing the unlawful entry of that person into Guyana, or for the purpose of effecting expulsion, extradition or other lawful removal of that person from Guyana or for the purpose of restricting that person while he is being conveyed through Guyana in the course of his extradition or removal as a convicted prisoner from one country to another;
|
|
|
|
(j)
|
to such extent as may be necessary in the execution of a lawful order requiring that person to remain within a specified area within Guyana or prohibiting him from being within such an area, or to such extent as may be reasonably justifiable for the taking of proceedings against that person with a view to the making of any such order or relating to such an order after it has been made or to such extent as may be reasonably justifiable for restraining that person during any visit that he is permitted to make to any part of Guyana in which, in consequence of any such order, his presence would otherwise be unlawful;
|
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(k)
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subject to the provisions of the next following paragraph, for the purposes of his preventive detention;
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(l)
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for the purpose of his being called up for national service.
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(2)
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(a)
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No law providing for preventive detention shall authorise the detention of a person for a longer period than three months unless a tribunal established for the purposes of this paragraph has reported before the expiration of the said period of three months that there is, in its opinion, sufficient cause for such detention.
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(b)
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The references in subparagraph (a) to a period of three months include references to any lesser period that amount in the aggregate to three months:
Provided that no two such lesser periods shall be aggregated for this purpose if the period between the expiration of the first and the commencement of the second is more than one month.
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©
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A person who has been detained by virtue of the provisions of any law providing for preventive detention and who has been released from detention in consequence of a report of a tribun al established for the purposes of this paragraph that there is, in its opinion, insufficient cause for his detention shall not be again detained by virtue of such provisions within the period of six months from his release on the same grounds as he was o riginally detained.
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(d)
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For the purposes of subparagraph © a person shall be deemed to have been detained on the same grounds as he was originally detained unless a tribunal established as aforesaid has rep orted that, in its opinion, there appears prima facie, to be new and reasonable grounds for the detention and the giving of any such report shall be without prejudice to the provisions of subparagraph (a).
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(e)
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A tribunal established for the purposes of this paragraph shall be established by law and shall consist of persons who are Judges of the Supreme Court of Judicature or who are qualifie d to be appointed as Puisne Judges of the High Court.
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(3)
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Any person who is arrested or detained shall be informed as soon as reasonably practicable, in a language that he understands, of the reasons for his arrest of detention and shall be permitted, at his own expense, to retain and instruct without delay a legal adviser of his own choice, being a person entitled to practice in Guyana as an attorney-at-law, and to hold communication with him.
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(4)
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any person who is arrested or detained—
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(a)
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for the purpose of bringing him before a court in execution of the order of the court; or
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(b)
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upon reasonable suspicion of his having committed or being about to commit a criminal offense and who is not released, shall be brought before a court as soon as is reasonably practica ble; and if any person arrested or detained upon reasonable suspicion of his having committed or being about to commit a criminal offense is not tried within a reasonable time, thin, without prejudice to any further proceedings which may be brought agains t him, he shall be released either unconditionally or upon reasonable conditions, including in particular such conditions as are reasonably necessary to ensure that he appears at a later date for trial or for proceedings preliminary to trial.
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(5)
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Any person who is unlawfully arrested or detained by any other person shall be entitled to compensation therefor from that other person.
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(6)
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Nothing in the provisions of paragraphs (3) and (4) shall apply to any person arrested or detained by virtue of the provisions of any law providing for preventive detention except in so far as the provisions of the said paragraph (3) require that he shall be permitted to retain and instruct a legal adviser and to hold communication with him.
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140.
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(1)
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No person shall be held in slavery or servitude.
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(2)
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No person shall be required to perform forced labour.
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(3)
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For the purposes of this article, the expression “forced labour” does not include—
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(a)
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any labour required in consequence of the sentence or order of a court;
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(b)
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any labour required of any person while he is lawfully detained that, though not required in consequence of the sentence or order of a court, is reasonably necessary in the interests o f hygiene or for the maintenance of the place at which he is detained;
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©
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any labour required of a member of a disciplined force in pursuance of his duties as such or, in the case of a person who has conscientious objections to service as a member of a naval , military or air force, any labour that person is required by law to perform in place of such service; or
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(d)
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any labour required during any period when Guyana is at war or in the event of any hurricane, earthquake, flood, fire or other like calamity that threatens the life or well-being of th e community to the extent that the requiring of such labour is reasonably justifiable, in the circumstances of any situation arising or existing during that period or as a result of that calamity, for the purpose of dealing with that situation.
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141.
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(1)
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No person shall be subjected to torture or to inhuman or degrading punishment or other treatment.
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(2)
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Nothing contained in or done under the authority of any law shall be held to be inconsistent with or in contravention of this article to the extent that the law in question authorises the infli ction of any punishment of the administration of any treatment that was lawful in Guyana immediately before the commencement of this Constitution.
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Amended by Act No. 9 of 1984.
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142.
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(1)
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No property of any description shall be compulsory taken possession of, and no interest in or right over property of any description shall be compulsory acquired, except by or under the authority of a written law—
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Amended by Act No. 1 of 1988.
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(a)
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providing for compensation for the property or any interest in or right over property so possessed or acquired and specifing the principles on which the compensation is to be determine d and given; and
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Amended by Act No. 23 of 1990.
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(b)
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giving to any person claiming such compensation a right of access, either directly or by way of appeal, for the determination of his interest in or right over the property and the amou nt of compensation, to the High Court
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(2)
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Nothing contained in or done under the authority of any law shall be held to be inconsistent with or in contravention of the preceding paragraph—
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(a)
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to the extent that the law in question makes provision for the taking of possession or acquisition of any property—
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(i)
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in satisfaction of any tax, duty, rate, cess or other impost;
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(ii)
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by way of penalty for breach of the law, whether under civil process or after conviction of a criminal offense under the law of Guyana;
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(iii)
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as an incident of a lease, tenancy, mortgage, charge, bill of sale, pledge, contract, grant, permission or license;
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(iv)
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in the execution of judgments or orders of a court in proceedings for the determination of civil rights or obligations;
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(v)
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in circumstances where it is reasonably necessary so to do because the property is in a dangerous state or injurious to the health of human beings, animals or plants;
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(vi)
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in consequence of any law with respect to the limitations of actions;
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(vii)
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for so long only as may be necessary for the purposes of any examination, investigation, trial or inquiry or, in the case of land, for the purposes of the carrying out thereon of work of social conservation or the conservation of other natural resources or work relating to agricultural development or improvement;
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(viii)
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which is not beneficially occupied or which, if it is beneficially occupied or which, if it is beneficially occupied, is not so occupied by the holder of the title to the land or by any member of his family; or
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(ix)
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in consequence of any law requiring an employer to remunerate his employee during any period of compulsory national service which the employee has undertaken; or
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(b)
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to the extent that the law in question makes provision for the taking of possession or acquisition of—
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(i)
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property of the Amerindians of Guyana for the purpose of its care, protection and management or any right, title or interest held by any person in or over any lands situated in an Ameri ndian District, Area or Village established under the Amerindian Act for the purpose of effecting the termination or transfer thereof for the benefit of an Amerindian community;
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(ii)
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Enemy property;
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(iii)
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property of a deceased person, a person of unsound mind or a person who has not attained the age of eighteen years, for the purpose of its administration for the benefit of the person s entitled to the beneficial interest therein;
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(iv)
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property of a person adjudged insolvent of a body corporate in liquidation, for the purpose of its administration for the benefit of the creditors of the insolent person or body corpor ate and, subject thereto, for the benefit of other persons entitled to the beneficial interest in the property;
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(v)
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property subject to a trust, for the purpose of vesting the property in persons appointed as trustees under the instrument creating the trust of by a court or, by order of a court for t he purpose of giving effect to the trust; or
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(vi)
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property to be used by the State for the purpose of providing, maintaining and managing any place of education, where the property was being used as a place of education at any time du ring 1976 and prior to the coming into operation of the law in question.
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(3)
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Nothing in this article shall be construed as affecting the making or operation of any law—
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(i)
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so far as it provides for the orderly marketing or production or growth or extraction of any agricultural product or mineral or any article or thing prepared for market or manufactured therefor or for the reasonable restriction of the use of any property in the interest of safeguarding the interests of others of the protection of tenants, licenses or others having rights in or over such property;
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(ii)
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so far as it provides for the making of contributions compulsory by workers to any industrial scheme or workers’ organisation intended to work or provide for the benefit or welfare of such workers or of their fellow workers or of any relatives and dependents of any of them; or
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(iii)
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Lo mas Popular en la Seccion de Constituciones
1.-Constitucion de los Estados Unidos de America, es la ley suprema de los Estados Unidos de América. Fue adoptada en su forma original el 17 de septiembre de 1787 por la Convención Constitucional de Filadelfia, Pensilvania.
2.-Constitucion de los Estados Unidos Mexicanos, fue promulgada por el Congreso Constituyente el 5 de febrero de 1917, reunido en la ciudad de Querétaro, y entró en vigor el 1 de mayo del mismo año.
3.-Constitucion de la Republica de Argentina, fue aprobada por una asamblea constituyente en 1853. Esta Constitución ha sido reformada siete veces, siendo la última llevada a cabo en 1994.La aprobación de la Constitución de 1853 puso fin a las guerras civiles y sentó las bases de la Organización Nacional..
4.-Constitucion de Colombia, La constitución de 1991 es la actual carta magna de la República de Colombia. Deroga a la constitución de 1886. También se ha empezado a conocer con el nombre de Constitución de los Derechos.
5.-Constitucion de Venezuela, adoptada el 15 de diciembre de 1999, y el 15 de febrero de 2009, le fue introducida la Enmienda Nº 1. Fue impulsada por Hugo Chávez, recibiendo un gran respaldo de diversos sectores, incluyendo a actores de la Constitución de Venezuela de 1961.
Constituciones por año y pais
Tips de Interes sobre Constituciones
Constitucion de Republica Dominicana I, La primera Constitucion fue promulgada el 6 de noviembre del 1844, y redactada considerando el espíritu del pensamiento liberal europeo y norteamericano, sustentandose en las ideas del contrato social de Rosseaux y las ideas que inspiraron la revolución francesa. La Republica Dominicana ha experimentado 37 reformas, la más reciente efectuada el 25 de julio de 2002. En la mayoría de los casos han sido cuestiones coyunturales, como: crisis políticas, transiciones gubernamentales, conflictos de poder, Etc. Estas reformas no han representado una verdadera fractura en la ingeniería y el alma del texto de 1844. La multiplicidad de fuentes que la inspiraron evidencia la aspiración de nuestros primeros constituyentes de abrevar en las más importantes corrientes del pensamiento político y constitucional de la época.
Constitucion de Republica Dominicana II, Nuestra ultima constitucion del 25 de julio del 2002 tiene 14 Titulos, cuyo contenido es el siguiente: Titulos I-La Nacion, Soberania y Gobierno; II-Derechos Individuales y Sociales; III-Derechos Politicos: IV-Poder Legislativo; V-Poder Ejecutivo; VI-Poder Judicial; VII-De la Camara de Cuentas: VIII-Distrito Nacional y los Municipios; IX-Regimen de las Provincias; X-Asambleas Electorales; XI-De las Fuerzas Armadas; XII-Disposiciones Generales; XIII-Reformas Constitucionales y XIV-Disposiciones Transitorias.
Es necesario destacar que el articulo 116 de la Constitucion establece que la misma podra ser reformada si la proposicion de reforma se presenta en el Congreso Nacional con el apoyo de la Tercera parte de los miembros de una u otra Camara, o si es sometida por el Poder Ejecutivo.
Constitucion de Los Estados Unidos, es la ley suprema de los Estados Unidos de Norteamerica, fue adoptada en su forma original el 17 de septiembre de 1787 por la Convención Constitucional de Filadelfia, Pensilvania y luego ratificada por el pueblo en convenciones en cada estado. La Constitución tiene un lugar central en el derecho y la cultura política estadounidense, se considera por muchos como la constitución nacional más antigua que se encuentra en vigencia.
El Preámbulo establece: "NOSOTROS, el Pueblo de los Estados Unidos, a fin de formar una Unión más perfecta, establecer Justicia, afirmar la tranquilidad interior, proveer la Defensa común, promover el bienestar general y asegurar para nosotros mismos y para nuestros descendientes los beneficios de la Libertad, estatuimos y sancionamos esta CONSTITUCIÓN para los Estados Unidos de América."
Constitucion de Venezuela, es la Carta Magna vigente de la República Bolivariana de Venezuela, fue aprobada mendiante Referendum el 15 de diciembre del 1999. Impulsada por Hugo Chávez, recibiendo un gran respaldo de diversos sectores, incluyendo actores de la Constitución de Venezuela de 1961, y el rechazo de los partidos tradicionales. La llaman la "Constitución Bolivariana", por inspirarse en los ideales de Simón Bolívar y su ideología "el Bolivarianismo".
Consta de 9 Titulos: I-Principios Fundamentales; II-Espacio Geografico y Division Politica, III-Derechos Humanos, Garantias y Deberes; IV-Poder Publico; V-Organizacion del Poder Publico; VI-Sistema socio-economico; VII-Seguridad de la Nacional; VIII-Proteccion de la Constitucion y IX-Reforma de la Constitucion. Adeamas tiene disposiciones Derogatorias, Transitorias y Finales.
Constitucion de Argentina, la primera constitución es de fecha 1853, de la que se dotó a la actual República Argentina tras la finalización del período de anarquía comenzado en 1820; aprobada con el apoyo general de los gobiernos provinciales con la importante excepción de Buenos Aires, que se separó de hecho de la Confederación Argentina hasta 1859, año en el cual luego de ser derrotada en la Batalla de Cepeda, fue reincorporada a la Confederación sugiriendo ciertas modificaciones en el texto constitucional fue sancionada por una Convención Constituyente reunida en Santa Fe, y promulgada el 1 de mayo de 1853 por Justo José de Urquiza, a la sazón Director Provisional de la Confederación.
Se inspiró particularmente en la Constitución estadounidense al adoptar el modelo presidencialista de esta última, así como el federalismo.
Clásicos del Derecho
La Obligación, La obligación es un vinculo de derecho que nos fuerza a una prestación para con otro. Tal definición hace que aparezca desde luego el primer carácter de la obligación, vinculo de derecho, vinculum juris, entre dos o mas personas. Pero no pone de relieve mas que el lado pasivo de la obligación: una de las personas relacionadas esta obligada hacia la otra; debe efectuar una prestación; es deudora.
La obligación es un elemento del pasivo de su patrimonio, una deuda. Ahora bien, la obligación presenta necesariamente una faz inversa. Para la persona que debe beneficiarse de la prestación debida, esta es un elemento del activo de su patrimonio, un crédito. Vista desde ese angulo de crédito, la obligación, el derecho personal, aparece con el mismo titulo que un derecho real, como un elemento de riquezas.
Caracteres de las Obligaciones, 1° La obligación es un vínculo de derecho en virtud del cual el deudor está sujeto a ejecutar una prestación. Las obligaciones van acompañadas de medidas coactivas.
2° La obligación es un derecho de naturaleza pecuniaria y se opone así a las relaciones de familia, tales como la patria potestad, y a los derechos de la personalidad.
3° La obligación es una relación personal entre acreedor y deudor. El acreedor carece de derecho directo sobre los bienes de su deudor; y solo tiene, a través de este último, un derecho contra su patrimonio en el estado en que el mismo se encuentra en el momento del embargo; este derecho del acreedor se llama impropiamente derecho de prenda general sobre el patrimonio del deudor. Las obligaciones pueden serlo en número ilimitadas.
Fuentes de las Obligaciones: Voluntarias y no Voluntarias, La fuente voluntaria: La obligación encuentra su fuente en la voluntad del deudor. Unas veces en la voluntad común de acreedor y del deudor, que se ponen de acuerdo para crear entre ellos un vínculo de derecho: es el contrato. Fuentes no Voluntarias: La obligación se impone al deudor fuera de su voluntad:
a) ya sea que haya cometido un culpa, culpa intencional o delito, culpa no intencional o cuasidelito.
b) ya sea que el hecho del deudor no constituye una culpa. Se está entonces en presencia de actor jurídicos diversos denominados cuasicontratos: pago de lo indebido, gestión de negocios ajenos, enriquecimiento sin causa.
c) Ya sea, en fin, que la obligación nazca directamente de la ley, fuera de toda culpa, e incluso de todo hecho del deudor.
El Contrato, El contrato es una convención por la cual una o mas personas se obligan, hacia otra o varias mas, a dar, a hacer o a no hacer alguna cosa. El lenguaje corriente se emplean como sinónimos del contrato otros dos términos: actos jurídico y convención; pero, en el lenguaje del derecho, cada una de esas palabras posee, o debería poseer, un sentido técnico preciso:
1° El acto jurídico es toda manifestación de voluntad que tenga por fin producir un efecto jurico, modificar una situación jurídica.
2° La convención es, pues, una categoría particular de actos jurídicos.
3° El contrato es una convención generadora de derecho. El contrato es, por consiguiente, una especie particular de convención. La compraventa es un contrato, porque un derecho para el comprador y el vendedor.
Clasificación de Contratos Derivadas de sus Requisitos de Fondo., El requisito esencial de la formación de los contratos es la voluntad. En los contratos de adhesión no se abre un libre debate entre las partes, como en los contratos de mutuo acuerdo. Se ha concluido de eso que los contratos de adhesión no constituían verdaderos contratos: opinión exagerada: sin la voluntad de las partes, no nace la obligación.
El contrato colectivo obliga a personas que, no han consentido directamente. Sucede así en materia de concordato, de asociación sindical de propietarios, de convención colectiva de trabajo. A veces el legislador obliga algunas personas a estableces entre sí relación jurídicas; tal, es el caso del contrato de salario dirigido, e igualmente en la participaciones o cambio impuestos por la reconstitución de un patrimonio desmembrado.
Contratos Conmutativos y Aleatorios, Se trata de una subdivisión de los contratos a títulos onerosos.
El contrato es conmutativo cuando la ventaja que cada una de las partes obtiene del contrato es susceptible de ser avaluada por ella en el momento de la conclusión del acto; en la contraventa, el comprador y el vendedor pueden apreciar el interés que tienen en contratar.
El contrato aleatorio es aquel en el cual la ventaja que las partes obtendrán del contrato no es apreciable en el momento de la perfección del contrato, porque ello depende un acontecimiento incierto. El contrato de juego, la apuesta, la lotería, son aleatorios.
Igualmente el contrato de renta vitalicia, por el cual, a cambio de la enajenación de un inmueble, el acreedor de la renta recibirá durante el resto de su vida una renta anual.
El Derecho Positivo Actual, La noción de orden público se ha desarrollado considerablemente. Su elasticidad ha permitido extenderlo siempre que las necesidades sociales lo exigían; sobre todo en el ámbito de la economía, cuando las necesidades de abastecimiento han impuesto la determinación de contingentes y un racionamiento de los productos por vía de la autoridad. El retorno a la abundancia ha tenido por consecuencia devolver a la iniciativa privada una parte de lo que se le había escapado momentáneamente; no deja por eso de ser menos cierto que el orden económico es una rama del orden público, porque contribuye al bien común. La noción de buenas costumbres constituye un aspecto particular del orden público. Sus contornos son imprecisos; comprende la moral sexual, pero asimismo las ideas morales admitidas en una época determinada.
Todo sobre derecho en República Dominicana, herramienta para abogados, estudiantes y público en general.
® 2007/2011 Drleyes.com. Todos los derechos Reservados.
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