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Urban themes

Saint Lucia's Constitution of 1979 - Saint Lucia

Type of legal instrument
Constitution
Enforcement
Valid

( ! ) This content is available only in the original language.

Status
Current
Country
Saint Lucia
Territorial level
Level 1: National
Publication Date
1979-02-22
Link
Saint Lucia's Constitution of 1979
Articles
Art. 6
Saint Lucia's Constitution of 1979 - Saint Lucia

(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 for a public purpose and except where provision is made by a law applicable to that taking of possession or a...

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Urban legal frameworks
Art. 6
Saint Lucia's Constitution of 1979 - Saint Lucia

(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 for a public purpose and except where provision is made by a law applicable to that taking of possession or acquisition for the prompt payment of full compensation.

(2) Every person having an interest in or right over property that is compulsorily taken possession of or whose interest in or right over any property is compulsorily acquired shall have a right of direct access to the High Court for—

(a) determining the nature and extent of that interest or right;

(b) determining whether that taking of possession or acquisition was duly carried out in accordance with a law authorising the taking of possession or acquisition;

(c) determining what compensation he or she is entitled to under the law applicable to that taking of possession or acquisition;

(d) obtaining that compensation:

Provided that if Parliament so provides in relation to any matter referred to in paragraph (a) or (c) the right of access shall be by way of appeal (exercisable as of right at the instance of the person having the interest in or right over the property) from a tribunal or authority, other than the High Court, having jurisdiction under any law to determine that matter.

 

Urban legal frameworks
Art. 7
Saint Lucia's Constitution of 1979 - Saint Lucia

(1) Except with his or her own consent, a person shall not be subjected to the search of his or her person or his or her property or the entry by others on his or her premises. (2) Nothing contained in or done under the authority of any law shall be held to be inconsistent with or in co...

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Urban legal frameworks
Art. 7
Saint Lucia's Constitution of 1979 - Saint Lucia

(1) Except with his or her own consent, a person shall not be subjected to the search of his or her person or his or her property or the entry by others on his or her 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 provision—

(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, 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 the Government or to that 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.

Urban legal frameworks

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