OpenLegislation

The Cayman Islands Constitution Order 2009

S.I. 2009/1379 · Made 10 June 2009

Original text. legislation.gov.uk does not revise statutory instruments, so later amendments are not shown here. Changes made to it are listed under each provision when known.

Caribbean And North Atlantic Territories

Made 10th June 2009

Laid before Parliament 17th June 2009

Coming into force in accordance with section 1(2)

At the Court at Buckingham Palace, the 10th day of June 2009

Present,

The Queen’s Most Excellent Majesty in Council

Her Majesty, in exercise of the powers conferred upon Her by sections 5 and 7 of the West Indies Act 1962f1 and of all other powers enabling Her to do so, is pleased, by and with the advice of Her Privy Council, to order, and it is ordered, as follows:

Annotations to the whole text

Footnotes

f1

1962 c.19.

Contents

  1. 1Citation and commencement
  2. 2Interpretation
  3. 3Revocations
  4. 4Establishment of Constitution
  5. 5Existing laws
  6. 6Existing offices and officers
  7. 7Legislative Assembly
  8. 8Electoral districts
  9. 9Pending legal proceedings
  10. Signature
  11. Schedule 1Revocations
  12. Schedule 2: The Constitution of the Cayman Islands
  13. THE CONSTITUTION OF THE CAYMAN ISLANDSPart THE CONSTITUTION OF THE CAYMAN ISLANDS
  14. Part I: BILL OF RIGHTS, FREEDOMS AND RESPONSIBILITIES
  15. Guarantee of Rights, Freedoms and Responsibilities
  16. 2Life
  17. 3Torture and inhuman treatment
  18. 4Slavery or forced or compulsory labour
  19. 5Personal liberty
  20. 6Treatment of prisoners
  21. 7Fair trial
  22. 8No punishment without law
  23. 9Private and family life
  24. 10Conscience and religion
  25. 11Expression
  26. 12Assembly and association
  27. 13Movement
  28. 14Marriage
  29. 15Property
  30. 16Non-discrimination
  31. 17Protection of children
  32. 18Protection of the environment
  33. 19Lawful administrative action
  34. 20Education
  35. 21Public emergencies
  36. 22Protection of persons detained under emergency laws
  37. 23Declaration of incompatibility
  38. 24Duty of public officials
  39. 25Interpretive obligation
  40. 26Enforcement of rights and freedoms
  41. 27Remedies
  42. 28Interpretation of the Bill of Rights
  43. Part II: THE GOVERNOR
  44. 29The office of Governor
  45. 30Oaths to be taken by the Governor
  46. 31Functions of the Governor
  47. 32Exercise of the Governor’s functions
  48. 33The Governor may act contrary to the advice of the Cabinet
  49. 34The office of Deputy Governor
  50. 35Acting Governor
  51. 36Temporary exercise of certain functions of the Governor
  52. 37Emoluments, personal staff and expenditure of the Governor
  53. 38Powers to dispose of land
  54. 39Powers of pardon, etc.
  55. 40Advisory Committee on the Prerogative of Mercy
  56. 41Public seal
  57. 42Constitution of offices
  58. Part III: THE EXECUTIVE
  59. 43Executive authority
  60. 44The Cabinet
  61. 45Meetings of the Cabinet
  62. 46Proceedings in and quorum of the Cabinet
  63. 47Attendance of persons at meetings
  64. 48Cabinet Secretary
  65. 49Appointment of the Premier and other Ministers
  66. 50Functions of the Premier
  67. 51Tenure of office of the Premier
  68. 52Tenure of office of Ministers
  69. 53Performance of functions of Ministers in certain events
  70. 54Allocation of responsibilities to Ministers
  71. 55Special responsibilities of the Governor
  72. 56Attorney General
  73. 57Director of Public Prosecutions
  74. 58National Security Council
  75. Part IV: THE LEGISLATURE
  76. 59Composition of the Legislature and power to make laws
  77. 60The Legislative Assembly
  78. 61Qualifications for elected membership of the Legislative Assembly
  79. 62Disqualifications for elected membership
  80. 63Tenure of office of elected members
  81. 64Delay in vacation of seat to allow for an appeal
  82. 65Speaker and Deputy Speaker
  83. 66Determination of questions as to membership of the Legislative Assembly
  84. 67Penalty for sitting or voting in the Legislative Assembly when unqualified
  85. 68Leader of the Opposition
  86. 69Power to provide for a referendum
  87. 70People-initiated referendums
  88. 71Standing Orders and committees
  89. 72Presiding in the Legislative Assembly
  90. 73The Legislative Assembly may transact business notwithstanding vacancies
  91. 74Quorum
  92. 75Voting
  93. 76Summoning of persons to assist the Legislative Assembly
  94. 77Introduction of Bills
  95. 78Assent to Bills
  96. 79Return of Bills by the Governor
  97. 80Disallowance of laws
  98. 81Governor’s reserved power
  99. 82Privileges of the Legislative Assembly and its members
  100. 83Sessions of the Legislative Assembly
  101. 84Prorogation and dissolution
  102. 85Recalling dissolved Legislative Assembly
  103. 86General elections and bye-elections
  104. 87Public Accounts Committee
  105. 88Electoral Boundary Commission
  106. 89Review and alteration of electoral district boundaries
  107. 90Qualifications of electors
  108. 91Disqualifications of electors
  109. 92Right to vote at elections
  110. 93Law as to elections
  111. Part V: THE JUDICATURE
  112. Chapter: The Grand Court
  113. 94Constitution and jurisdiction of the Grand Court
  114. 95Composition of the Grand Court
  115. 96Tenure of office of judges of the Grand Court
  116. 97Acting judges of the Grand Court
  117. 98Oaths to be taken by judges of the Grand Court
  118. Chapter: The Court of Appeal
  119. 99Constitution and jurisdiction of the Court of Appeal
  120. 100Composition of the Court of Appeal
  121. 101Tenure of office of judges of the Court of Appeal
  122. 102Acting judges of the Court of Appeal
  123. 103Oaths to be taken by judges of the Court of Appeal
  124. Chapter: Other matters
  125. 104Subordinate courts
  126. 105Judicial and Legal Services Commission
  127. 106Functions of Judicial and Legal Services Commission
  128. 107Judicial administration
  129. Part VI: THE PUBLIC SERVICE
  130. 108Overriding duty of public officers
  131. 109Appointment, etc., of public officers
  132. 110Applicability of pensions law
  133. Part VII: FINANCE
  134. 111Revenue and Expenditure
  135. 112Reporting
  136. 113Public debt
  137. 114Auditor General
  138. 115Financial Secretary
  139. Part VIII: INSTITUTIONS SUPPORTING DEMOCRACY
  140. 116Human Rights Commission
  141. 117Commission for Standards in Public Life
  142. 118Constitutional Commission
  143. 119Advisory District Councils
  144. 120Complaints Commissioner
  145. 121Register of Interests
  146. 122Freedom of information
  147. Part IX: MISCELLANEOUS
  148. 123Official language of the Cayman Islands
  149. 124Interpretation
  150. 125Power reserved to Her Majesty
  151. Part EDULE TO THE CONSTITUTION: FORMS OF OATHS AND AFFIRMATIONS
  152. 126Paragraph 126
  153. 127Paragraph 127
  154. 128Paragraph 128
  155. 129Paragraph 129
  156. Explanatory note