Admirable Articles of Grenada's Constitution
2. Protection of right to life (Part of it)
2. A person shall not be regarded as having been deprived of his life in contravention of this section if he dies as the result of the use, to such extent and in such circumstances as are permitted by law, of force such as is reasonably justifiable-
a. for the defence of any person from violence or for the defence of property;
b. in order to effect a lawful arrest or to prevent the escape of a person lawfully detained;
c. for the purpose of suppressing a riot, insurrection or mutiny; or
d. in order to prevent the commission by that person of a criminal offence,
or if he dies as the result of a lawful act of war.
3. Protection of right to personal liberty (Part of it)
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 Grenada or some other country, in respect of a criminal offence of which he has been convicted;
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 offence under the law of Grenada;
f. under the order of a court or with the consent of his parent or guardian, for his education or welfare during any period ending not later than the date when he attains the age of eighteen years;
g. for the purpose of preventing the spread of an infectious or contagious disease;
2. 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 or detention.
3. Any person who is arrested or detained-
a. for the purpose of bringing him before a court in execution of the order of a court; or
and who is not released, shall be brought without undue delay before a court.
5. If any person arrested or detained as mentioned in subsection (3) (b) of this section is not tried within a reasonable time, then, without prejudice to any further proceedings that may be brought against 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.
6. Any person who is unlawfully arrested or detained by any other person shall be entitled to compensation therefor from that other person or from any other person or authority on whose behalf that other person was acting.
6. Protection from deprivation of property (Part of it)
1. No property of any description shall be compulsorily taken possession of, and no interest in or right over property of any description shall be compulsorily acquired, except where provision is made by a law applicable to that taking of possession or acquisition for the prompt payment of full compensation.
6. Nothing contained in or done under the authority of any law shall be held to be inconsistent with or in contravention of subsection (1) of this section-
a. to the extent that the law in question makes provision for the taking of possession or acquisition of any property, interest or right-
i. in satisfaction of any tax, rate or due;
ii. by way of penalty for breach of the law or forfeiture in consequence of a breach of the law;
iii. as an incident of a lease, tenancy, mortgage, charge, bill of sale, pledge or contract;
iv. in the execution of judgments or orders of a court in proceedings for the determination of civil rights or obligations;
v. in circumstances where it is reasonably necessary so to do because the property is in a dangerous state or likely to be injurious to the health of human beings, animals or plants;
vi. in consequence of any law with respect to the limitation of actions; or
vii. 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 soil conservation or the conservation of other natural resources or work relating to agricultural development or improvement (being work relating to such development or improvement that the owner or occupier of the land has been required, and has without reasonable excuse refused or failed, to carry out),
and except so far as that provision or, as the case may be, the thing done under the authority thereof if shown not to be reasonably justifiable in a democratic society; or
b. to the extent that the law in question makes provision for the taking of possession or acquisition of any of the following property (including an interest in or right over property), that is to say-
ii. 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 persons entitled to the beneficial interest therein;
iii. property of a person adjudged bankrupt or a body corporate in liquidation, for the purpose of its administration for the benefit of the creditors of the bankrupt or body corporate and, subject thereto, for the benefit of other persons entitled to the beneficial interest in the property; or
iv. property subject to a trust, for the purpose of vesting the property in persons appointed as trustees under the instrument creating the trust or by a court or, by order of a court, for the purpose of giving effect to the trust.
7. Protection from arbitrary search or entry
1. Except with his own consent, no person shall be subjected to the search of his person or his property or the entry by others on his premises.
2. Nothing contained in or done under the authority of any law shall be held to be inconsistent with or in contravention of this section to the extent that the law in question makes provisions-
a. that is reasonably required in the interests of defence, public safety, public order, public morality, public health, town and country planning, the development and utilisation of mineral resources or the development or utilisation of any property for a purpose beneficial to the community;
b. that is reasonably required for the purpose of protecting the rights or freedoms of other persons;
c. that authorises an officer or agent of the Government of Grenada, a local government authority or a body corporate established by law for public purposes to enter on the premises of any person in order to inspect those premises or anything thereon for the purpose of any tax, rate or due or in order to carry out work connected with any property that is lawfully on those premises and that belongs to that Governments, authority or body corporate, as the case may be; or
d. that authorises, for the purpose of enforcing the judgment or order of a court in any civil proceedings, the search of any person or property by order of a court or entry upon any premises by such order,
and except so far as that provision or, as the case may be, anything done under the authority thereof is shown not to be reasonably justifiable in a democratic society.
10. Protection of freedom of expression
1. Except with his own consent, no person shall be hindered in the enjoyment of his freedom of expression, including freedom to hold opinions without interference, freedom to receive ideas and information without interference, freedom to communicate ideas and information without interference (whether the communication be to the public generally or to any person or class of persons) and freedom from interference with his correspondence.
2. Nothing contained in or done under the authority of any law shall be held to be inconsistent with or in contravention of this section to the extent that the law in question makes provision-
a. that is reasonably required in the interests of defence, public safety, public order, public morality or public health;
b. that is reasonably required for the purpose of protecting the reputations, rights and freedoms of other persons or the private lives of persons concerned in legal proceedings, preventing the disclosure of information received in confidence, maintaining the authority and independence of the courts or regulating the technical administration or the technical operation of telephony, telegraphy, posts, wireless broadcasting or television; or
c. that imposes restrictions upon public officers,
and except so far as that provision or, as the case may be, the thing done under the authority thereof is shown not to be reasonably justifiable in a democratic society.
Facts of Grenada's Constitution
Preamble (Part of it)
Whereas the people of Grenada
a. have affirmed that their nation is founded upon principles that acknowledge the fatherhood and supremacy of God and man’s duties toward his fellow man;
b. recognise that, inasmuch as spiritual development is of supreme importance to human existence, and the highest expression thereof, it is their aspiration to serve that end with all their strength and resources;
c. firmly believe in the dignity of human values and that all men are endowed by the Creator with equal and inalienable rights, reason, and conscience; that rights and duties are correlatives in every social and political activity of man; and that while rights exalt individual freedom, duties express the dignity of that freedom;
9. Protection of freedom of conscience
3. Every religious community shall be entitled, at its own expense, to establish and maintain places of education and to manage any place of education which it wholly maintains; and no such community shall be prevented from providing religious instruction for persons of that community in the course of any education provided at any places of education which it wholly maintains or in the course of any education which it otherwise provides.
Schedule 3 to the Constitution. Forms of Oath
Oath of Allegiance
I, …………………………., do swear [or solemnly affirm] that I will faithfully bear true allegiance to Her Majesty Queen Elizabeth the Second, Her Heirs and Successors, according to law.
So help me God. [To be omitted in affirmation.]
Oath of Office
I, …………………………., do swear [or solemnly affirm] that I will faithfully execute the office of ……………………………. Without fear or favour, affection or ill-will and that in the execution of the functions of that office I will honour, uphold and preserve the Constitution of Grenada.
So help me God. [To be omitted in affirmation.]
