Constitution of Antigua and Barbuda
4
CHAPTER II PROTECTION OF FUNDAMENTAL
- Jurisdiction
- Antigua and Barbuda
- Provision
- 4
- Source language
- English
- Recorded status
- in force
More details
- Recorded status
- in force
Provision text
Official source4. Nothing contained in or done under the authority of any law shall be held to be inconsistent with or in contravention of subsection (1) of this section-
a. to the extent that the law in question makes provision for the taking of possession or acquisition of any property, interest or right-
i. in satisfaction of any tax, rate or due;
ii. by way of penalty for breach of the law or forfeiture in consequence of breach of the law;
iii. as an incident of a lease, tenancy, mortgage, charge, bill of sale, pledge or contract;
iv. in the execution of judgements or orders of a court in proceedings for the determination of civil rights or obligations;
v. in circumstances where it is reasonably necessary so to do because the property is in a dangerous state or likely to be injurious to the health of human beings, animals or plants;
vi. in consequence of any law with respect to the limitation of actions;
vii. for so long as may be necessary for the purposes of any examination, investigation, trial or enquiry or, in the case of land, for the purposes of the carrying out thereon of work of soil conservation or the conservation of other natural resources or work relation to agricultural development or improvement (being work relating to such development or improvement that the owner or occupier of the land has been required, and has without reasonable excuse refused or failed, to carry out),
and except so far as the provision or, as the case may be, the thing done under the authority thereof is shown not to be reasonably justifiable in a democratic society;
b. to the extent that the law in question makes provision for the taking of possession or acquisition of any of the following property (including and interest in or right to or over property), that is to say-
i. enemy property;
ii. property of a deceased person, a person of unsound mind or a person who had not attained the age of eighteen years, for the purpose of its administration for the benefit of the persons entitled to the beneficial interest therein;
iii. the property of a person adjudged bankrupt or a body corporate in liquidation, for the purpose of its administration for the benefit of the creditors of the bankrupt or body corporate and, subject thereto, for the benefit of other persons entitled to the beneficial interest in the property; or
iv. property subject to a trust, for the purpose of vesting the property in persons appointed as trustees under the instrument creating the trust or by a court or by order of a court for the purposes of giving effect to the trust.
Source record
Source and verification
Constitution of Antigua and Barbuda · wipo.int · Retrieved 18 August 2026.
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