Antigua and Barbuda, national Obligatory referendum [LOR] - Amending the Constitution

General Typology

Instrument
Obligatory referendum [LOR]
Location
Antigua and Barbuda
Political level
national
Local Name:
Amending the Constitution
Normative Level:
constitutional
Legally Binding:
yes
Legally Defined:

Part 2 Powers and Procedure of Parliament

47. Sec. 5 A bill to alter this section, schedule 1 to this constitution or any of the provisions of this onstitution specified in Part I of that schedule or any of the provisions of the Supreme Court Order specified in Part II of that schedule shall not be submitted to the Governor-General for his assent unless there has been an interval of not less than ninety days between the introduction of the bill in the House and the beginning of the proceedings in the House on the second reading of the bill in that House;after it has been passed by both Houses of Parliament or, in the case of a bill to which section 55 of this Constitution applies, after its rejection by the Senate for the second time; and the bill has been approved on a referendum, held in accordance with such provisions as may be made in that behalf by Parliament, by not less than two-thirds of all the votes validly cast on that referendum. Every person who, at the time when the referendum is held, would be entitled to vote in elections of members of the House shall be entitled to vote on referendum held for the purposes of this section in accordance with such procedures as may be prescribed by parliament for the purposes of the referendum and no other person shall be entitled so to vote. The conduct of any referendum for the purposes of subsection (5) of this section shall be under the general supervision of the Supervisor of Elections and shall be in accordance with such provisions as may be made in that behalf by Parliament.

(7) The conduct of any referendum for the purposes of subsection (5) of this section shall be under the general supervision of the Supervisor of Elections and shall be in accordance with such provisions as may be made in that behalf by Parliament.

(8) (a) A bill to alter this Constitution or the Supreme Court Order shall not be submitted to the Governor-General for his assent unley it is accompanied by a certificate under the hand of the Speaker (or, if the Speaker is for any reason unable to exercise the functions of his office, the Deputy Speaker) that the provisions of subsection (21, (3) or (4), as the case may be, of this section have been complied with and, where a referendum has been held, by a certificate of the Supervisor of Elections stating the results of the referendum.

(b) The certificate of the Speaker or, as the case may be, the Deputy Speaker under this subsection shall be conclusive that the provisions of subsection (2), (3) or (4) of this section have been complied with and shall not be enquired into in any court of law.

Ref.: Constitution of Antigua and Barbuda; 1981 (accessed Sep. 29, 2017)

Subject Matter:

To amend the constitution in certain cases

Actors

Author:
Authority
Initiator:
Law
Decision maker:
The whole electorate

Requirements

Available Time:
Turnout Quorum:
Legal source does not mention turnout quorum
Approval Quorum:
Not less than two-thirds of all the votes validly cast on that referendum
Geographical Quorum:
Legal source does not mention geographical quorum
Excluded Issues:

Only in case of: Schedule 1 to this constitution or any of the provisions of this constitution specified in Part I of that schedule or any of the provisions of the Supreme Court Order specified in Part II of that schedule.

Other Formal Requirements:

Art. 3. The question to be asked in a referendum held pursuant to section 2, shall be framed in such a manner that a vote is cast for an answer which is "YES" or "NO"

Ref: Referendum Act, 1997 (accessed Sep. 29, 2017)

Procedural Elements

Wording Of Ballot Question:
Interaction With Authorities:
Supervision And Support:
Transparency And Finance:

Practice

Archive:
Remarks: