Antigua and Barbuda Government

Antigua and Barbuda Government

Antigua and Barbuda is a constitutional monarchy with a British-style parliamentary system of government. The reigning British monarch is represented in Antigua by an appointed Governor General as the head of state. The government has three branches: legislative, executive, and judicial.

Legislative Branch

The bicameral Parliament consists of the seventeen-member House of Representatives, responsible for introducing legislation, and the seventeen-member Senate, which reviews and gives assent to proposed legislation. Representatives are elected by popular vote in general elections that are constitutionally mandated every five years but may be called earlier. Senators are appointed by the Governor General. The major figures in Parliament and the government come from the House of Representatives. The Prime Minister is the leader of the party that holds the majority of seats in the House; the Opposition Leader is the representative, appointed by the Governor General, who appears to have the greatest support of those members opposed to the majority government. The Prime Minister creates an executive government and advises the Governor General on the appointments to thirteen of the seventeen seats in the Senate. The leader of the opposition, recognized constitutionally, is responsible for advising the Governor General on the appointment of the remaining four senators to represent the opposition in the Senate. The Opposition Leader also consults with the Governor General, in conjunction with the Prime Minister, on the composition of other appointed bodies and commissions. In this way, the opposition is ensured a voice in government.

Executive Branch

The executive branch is derived from the legislative branch. As leader of the majority party of the House of Representatives, the Prime Minister appoints other members of Parliament to be his cabinet ministers.

Judicial Branch

The judicial branch is relatively independent of the other two branches, although the magistrates are appointed by the Office of the Attorney General in the executive branch. The judiciary consists of the Magistrate’s Court for minor offenses and the High Court for major offenses. To proceed beyond the High Court, a case must pass to the Eastern Caribbean States Supreme Court, whose members are appointed by the OECS. All appointments or dismissals of magistrates of the Supreme Court must meet with the unanimous approval of the heads of government in the OECS system; the Prime Minister of Antigua and Barbuda acts on the recommendation of the attorney general in making decisions concerning this judicial body. 

The Judicial Committee of the Privy Council, located in London, stands as the final court of appeal for Antigua and Barbuda.

The Caribbean Court of Justice (CCJ) is the proposed regional judicial tribunal to be established by the Agreement Establishing the Caribbean Court of Justice. Source: https://ab.gov.ag/detail_page.php?page=7

Antigua and Barbuda Parliament 

Antigua and Barbuda Parliament (Located on Queen Elizabeth Highway)

The Parliament of Antigua and Barbuda consists of Her Majesty the Queen of England, the Senate and the House of Representatives. 

The Parliament as a whole is charged with certain responsibilities and is given special powers and privileges in order to effectively carry out its functions. Included among the latter are freedom of speech in Parliament, the authority to regulate its business by Standing Orders, as well as the freedom from civil or criminal proceedings for words spoken or written by Members before their respective House.

Special Powers of Parliament 

Parliament takes decisions relating to : 

– the opening of Parliament in recourse to a call before Her Majesty or her representative (except for cases provided for in the Constitution) ;

– the composition and powers of the local Council of Barbuda ;

– arrangements governing the local government of this constituency. 

Parliament has two chambers. The House of Representatives has 19 members, 17 members elected for a five year term in single-seat constituencies, 1 ex-officio member and 1 Speaker. The Senate has 17 appointed members. Source: https://ab.gov.ag/detail_page.php?page=8

Antigua and Barbuda Senate 

I – Introduction

The senate consists of seventeen (17) senators appointed by the Governor General. In the event of a senator’s seat becoming temporarily vacant due to non-attendance, suspension or illness, the Governor General may nominate a replacement to take the senator’s seat on a temporary basis.

II – System of Appointment

Term of office : 5 years. Most recent appointments : 26 March 2018. 

Criteria for eligibility: 21 years of age, British Commonwealth citizen, residence for at least one month prior to the appointment, English mother tongue. 

Ineligibility : citizen of a foreign power, undischarged bankrupt, suffering from mental illness, sentenced to death, sentenced to prison for one year or more, convicted of electoral fraud, convicted of any crime in the ten years prior to the appointment. 

Incompatibilities : those who hold certain public offices, electoral officers, and ministers of religion. (parliamentary secretaries (secretaries of State) are appointed by the Governor General with the agreement of the Prime Minister from among members of the House of Representatives or from the senators. Similarly, a senator or member of the House of Representatives may be appointed on a temporary basis as a minister (in the event of absence from Antigua and Barbuda or illness). The Supreme Court has jurisdiction over the appointment of senators. 

III – Organization of Session

The Governor General decides on the opening and closing date for senatorial business. No parliamentary sitting may be suspended for more than three consecutive months in the course of a parliamentary session (nor more than six months following the prorogation of Parliament, or four months following its dissolution). A parliamentary sitting must adjourn unless there is a quorum of six members (excluding the Speaker). 

IV – Relations With The Other Chamber And The Executive

The Parliament of Antigua and Barbuda consists of Her Majesty the Queen of England, the Senate and the House of Representatives. 

V – Composition of The Senate

1. The Senate shall consist of seventeen persons who, being qualified for appointment as Senators in accordance with the provisions of this Constitution, have been so appointed in accordance with the provisions of this section and such temporary members (if any) as may be appointed in accordance with the provisions of section 32 of this Constitution. 

2. Ten Senators shall be appointed by the Governor-General acting in accordance with the advice of the Prime Minister. 

3. Four Senators shall be appointed by the Governor-General acting in accordancewith the advice of the Leader of the Opposition. 

4. One Senator shall be appointed by the Governor-General in his discretion from outstanding persons or persons representing such interests as the Governor-General considers ought to be represented in the Senate. 

5. One Senator shall be appointed by the Governor-General acting in accordance with the advice of the Barbuda Council. 

6. One Senator, being an inhabitant of Barbuda, shall be appointed by the GovernorGeneral in accordance with the advice of the Prime Minister. 

Source: https://ab.gov.ag/detail_page.php?page=9