The Constitution of

Saint Kitts and Nevis Saint Kitts and Nevis (), officially the Federation of Saint Christopher and Nevis, is an island country and microstate consisting of the two islands of Saint Kitts and Nevis, both located in the West Indies, in the Leeward Islands chain ...

was adopted on 23 June 1983 and took effect when the country became independent on 19 September 1983. It consists of 11 chapters and various schedules, which establish the rights, responsibilities and definition of the citizens of the federation. It also provides the form and structure of government, and enumerates the powers of the different branches of government. Its treatment of the island of

Nevis Nevis is a small island in the Caribbean Sea that forms part of the inner arc of the Leeward Islands chain of the West Indies. Nevis and the neighbouring island of Saint Kitts constitute one country: the Federation of Saint Kitts and ...

is rather unusual among federated nations. The current constitution of Saint Kitts and Nevis was prepared in anticipation of the country achieving independence from

Britain Britain most often refers to: * The United Kingdom, a sovereign state in Europe comprising the island of Great Britain, the north-eastern part of the island of Ireland and many smaller islands * Great Britain, the largest island in the United King ...

. It is the only constitution the country has had as an independent nation, however there were several colonial constitutions before it. The union of the islands of

Saint Kitts Saint Kitts, officially the Saint Christopher Island, is an island in the West Indies. The west side of the island borders the Caribbean Sea, and the eastern coast faces the Atlantic Ocean. Saint Kitts and the neighbouring island of Nevis cons ...

and

has been controversial at least since 1882, leading the constitution to specifically provide for a path to independence for Nevis. This makes Saint Kitts and Nevis unusual among

Federation A federation (also known as a federal state) is a political entity characterized by a union of partially self-governing provinces, states, or other regions under a central federal government ( federalism). In a federation, the self-govern ...

s. The government created by the constitution is a

constitutional monarchy A constitutional monarchy, parliamentary monarchy, or democratic monarchy is a form of monarchy in which the monarch exercises their authority in accordance with a constitution and is not alone in decision making. Constitutional monarchies dif ...

headed by

Elizabeth II Elizabeth II (Elizabeth Alexandra Mary; 21 April 1926 – 8 September 2022) was Queen of the United Kingdom and other Commonwealth realms from 6 February 1952 until her death in 2022. She was queen regnant of 32 sovereign states during ...

, with a

unicameral Unicameralism (from ''uni''- "one" + Latin ''camera'' "chamber") is a type of legislature, which consists of one house or assembly, that legislates and votes as one. Unicameral legislatures exist when there is no widely perceived need for multi ...

legislature A legislature is an assembly with the authority to make law Law is a set of rules that are created and are enforceable by social or governmental institutions to regulate behavior,Robertson, ''Crimes against humanity'', 90. with its p ...

. Nevis is provided with a separate island administration, but Saint Kitts is not.

Background

The islands of

Anguilla Anguilla ( ) is a British Overseas Territory in the Caribbean. It is one of the most northerly of the Leeward Islands in the Lesser Antilles, lying east of Puerto Rico and the Virgin Islands and directly north of Saint Martin. The terr ...

, and

formed a

British crown colony A Crown colony or royal colony was a colony administered by The Crown within the British Empire. There was usually a Governor, appointed by the British monarch on the advice of the UK Government, with or without the assistance of a local Council ...

known as

Saint Christopher-Nevis-Anguilla Saint Christopher-Nevis-Anguilla (or Saint Christopher, Nevis, and Anguilla) was a British colony in the West Indies from 1882 to 1983, consisting of the islands of Anguilla (until 1980), Nevis, and Saint Christopher (or Saint Kitts). From 1882 ...

from 1882 until

rebelled in 1971. On 19 September 1983 the remaining two islands, Saint Kitts and Nevis, achieved independence from Britain. In preparation for independence, a draft constitution was presented on June 22, 1983 and accepted on June 23, to take effect upon independence. The union of the three islands, and later the two islands was never easy, with Anguilla and Nevis being strongly opposed to the union with Saint Kitts. Nevis protested strongly against being joined with Saint Kitts from the time the idea was first broached by the

British Colonial Office The Colonial Office was a government department of the Kingdom of Great Britain and later of the United Kingdom, first created to deal with the colonial affairs of British North America but required also to oversee the increasing number of col ...

in 1867 until the present. The 1983 constitution was not the first constitution for Saint Kitts and Nevis; the CIA World Factbook says there were "several previous" constitutions. However, it was the constitution enacted at the founding of the modern state of

, and has not yet been replaced. Following the failed Nevis independence referendum in 1998, a commission was appointed to make recommendations for future relations between the two islands, and together with a subsequently appointed constitutional task force, recommended a number of changes to the current constitution.

Nevis

The constitution of Saint Kitts and Nevis is rather unusual in that it provides Nevis with a great deal of autonomy, and contains a provision allowing Nevis to secede should a two thirds majority of the island's citizens vote for secession. In 1998 a

referendum A referendum (plural: referendums or less commonly referenda) is a direct vote by the electorate on a proposal, law, or political issue. This is in contrast to an issue being voted on by a representative. This may result in the adoption of a ...

failed to achieve the required two thirds majority for independence.

Structure of Government

The constitution establishes Saint Kitts and Nevis as a

federation A federation (also known as a federal state) is a political entity characterized by a union of partially self-governing provinces, states, or other regions under a central federal government ( federalism). In a federation, the self-govern ...

consisting of two states, one on each island. However, Saint Kitts and Nevis differs from most

federated state A federated state (which may also be referred to as a state, a province, a region, a canton, a land, a governorate, an oblast, an emirate or a country) is a territorial and constitutional community forming part of a federation. Such states d ...

s in that in a normal federation each state has its own regional government, with the federated government providing an overarching government. However, while the Constitution provides for Nevis to have its own separate legislature, Saint Kitts is governed directly by the

National Assembly In politics, a national assembly is either a unicameral legislature, the lower house of a bicameral legislature, or both houses of a bicameral legislature together. In the English language it generally means "an assembly composed of the rep ...

. Also, the constitution provides for the appointment of a

Governor General Governor-general (plural ''governors-general''), or governor general (plural ''governors general''), is the title of an office-holder. In the context of governors-general and former British colonies, governors-general are appointed as viceroy ...

for the whole of Saint Kitts and Nevis, who appoints a Deputy Governor of Nevis. So while Nevis has its own legislature, assembly, and island administration, Saint Kitts has no such independent legislative bodies and so it is not a typical federated government. The Constitution of Saint Kitts and Nevis is unique in that it creates a federation not between

and

, but between

and the federation of

. It provides for the establishment of a

known as the

. The constitution directs that Saint Kitts and Nevis be divided into no fewer than 11 constituencies, at least 1/3 of which are in Nevis. The national assembly contains one representative from each constituency, together with at least three appointed senators. The national assembly is empowered to make laws, but its ability to make laws impacting Nevis is restricted by Section 37 and Chapter X.

Provisions of the Constitution of Saint Kitts and Nevis

The constitution consists of 120 articles arranged in 11 chapters, and six schedules appended to the end.

Chapter 1 – The Federation and The Constitution

The first chapter of the Constitution provides for the establishment of "a sovereign democratic federal state which may be styled Saint Christopher and Nevis or Saint Kitts and Nevis or the Federation of Saint Christopher and Nevis or the Federation of Saint Kitts and Nevis." It defines the territory such nation encompasses, and provides for the Constitution to be the supreme law of the land.

Chapter 2 – Protection of Fundamental Rights and Freedoms

Chapter II of the constitution is a

Bill of rights A bill of rights, sometimes called a declaration of rights or a charter of rights, is a list of the most important rights to the citizens of a country. The purpose is to protect those rights against infringement from public officials and pr ...

for the citizens of the nation. It contains fifteen provisions which specify such rights as a right to life, protection from

slavery Slavery and enslavement are both the state and the condition of being a slave—someone forbidden to quit one's service for an enslaver, and who is treated by the enslaver as property. Slavery typically involves slaves being made to perf ...

or forced labour, protection of personal property,

freedom of expression Freedom of speech is a principle that supports the freedom of an individual or a community to articulate their opinions and ideas without fear of retaliation, censorship, or legal sanction. The right to freedom of expression has been recog ...

freedom of assembly Freedom of peaceful assembly, sometimes used interchangeably with the freedom of association, is the individual right or ability of people to come together and collectively express, promote, pursue, and defend their collective or shared ide ...

, and similar rights. The next five provisions concern circumstances of emergency under which some of the previously enumerated rights may be derogated.

Chapter 3 – The Governor-General

Chapter III provides for the offices of the Governor-General, Deputy Governor-General, and the oath of office of the Governor General.

Chapter 4 – Parliament

Chapter IV provides for the establishment of Parliament, describes its composition, the respective qualifications and disqualifications of representatives and senators, the process by which representatives are to be elected and senators appointed, their terms of office, and other matters dealing with Parliament. It also enumerates the powers of Parliament, the procedures for amending the constitution, making laws, holding elections, and determining constituencies.

Chapter 5 – The Executive

Chapter V of the constitution provides for Saint Kitts and Nevis to be a

under Her Majesty Elizabeth the Second, by the Grace of God, Queen of Saint Christopher and Nevis and of Her other Realms and Territories, Head of the Commonwealth. The executive authority is to be exercised by the Governor General. It provides for the appointment of a cabinet and ministers, makes provision for the absence or illness of the Prime Minister, describes how the Governor General is to carry out his functions, provides for a Leader of the Opposition, various Secretaries, Attorney General, describes procedures for public prosecutions, and provides for the Governor General to grant pardons, respites, and lessen punishments.

Chapter 6 – Finance

Chapter VI provides for a financial system for the federation.

Chapter 7 – The Public Service Commission

Chapter VII provides for the establishment of a Public Service Commission, which is to make recommendations to the Governor General on the appointing of various public officers.

Chapter 8 – Citizenship

Chapter VIII spells out which persons are citizens of Saint Kitts and Nevis. The first part concerns persons who would become citizens of the federation at independence. The second part provides for all persons born in Saint Kitts and Nevis after independence to be citizens, provided they don't fall under one of two exceptions, and for children of citizens who are born oversees and whose parents are employed by the government in jobs that require them to be overseas. There are also provisions for the acquisition of citizenship, allowance of dual citizenship, and deprivation of citizenship.

Chapter 9 – Judicial Provisions

Chapter nine gives the high court original jurisdiction over constitutional questions, however the party alleging the constitutional issue must apply to the High Court for relief. High Court appeals can be heard by the Appeals Court, whose decisions can, in turn, be appealed to Her Majesty in council.

Chapter 10 – The Island of
Nevis Nevis is a small island in the Caribbean Sea that forms part of the inner arc of the Leeward Islands chain of the West Indies. Nevis and the neighbouring island of Saint Kitts constitute one country: the Federation of Saint Kitts and ...

Chapter 10 provides for Nevis to have its own legislature and assembly. The Assembly is to consist of one elected member for each electoral district, and at least three but not more than two thirds the number of elected members, who are appointed by the legislature. It also provides for a Nevis Island Administration, consisting of a Premier and other members appointed by the Governor General. It gives the Nevis island legislature power to make laws, or ordinances, "for the peace, order and good government of the island of Nevis with respect to the specified matters." Chapter ten limits the Governor General's power with respect to Nevis, requiring him to act in accordance with the advice of the Island Administration. The Island Administration is given exclusive authority on Nevis with regard to a list of things including: airports and seaports, education, mining, fishing, health and welfare, labour, government owned land, and imports and exports. Disputes between the Island Administration and the Government are to be handled by the High Court. Lastly, Chapter Ten includes provisions relating to separation of Nevis from the federation.

Chapter 11 – Miscellaneous

Chapter XI of the constitution includes provisions relating to how the secession of Nevis would alter the constitution itself, additional functions of the Governor General, how to handle the resignation of various public officials, how words and phrases in the constitution are to be interpreted, and handling modifications of various provisions.

Schedules

Appended to the end of the constitution are six schedules which are referred to earlier in the document. They set forth instructions for things like determining constituencies (or electoral districts), alterations to the constitution should Nevis succeed, oaths of office, and legislative powers, among other things.

References

External links

Full text of the constitution
{{Americas topic, Constitution of, title=Constitutions of countries in the Americas Government of Saint Kitts and Nevis