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Constitution of the Commonwealth of Dominica

The Constitution of Dominica ensures access to information and participation within the framework of the freedoms of expression, peaceful assembly and association. It also provides constitutional guarantees in case the aforementioned rights are infringed. The constitution also regulates the Parliamentary Commissioner, tasked with investigating complaints of administrative injustices, among others.

Access to information (article 1 and 10(1))

Every person in Dominica is entitled to the fundamental rights and freedoms, namely freedom of conscience, of expression and of assembly and association. Except with his own consent, a person shall not be hindered in the enjoyment of his freedom of expression, including freedom to hold opinions without interference, freedom to receive ideas and information without interference, freedom to communicate ideas and information without interference (whether the communication be to the public generally OrlO any person or class ofpersons) and freedom from interference with his correspondence. 

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Public participation (article 11(1))

Except with his own consent, a person shall not be hindered in the enjoyment of his freedom of assembly and association, that is to say, his right to assemble freely and associate with other persons and in particular to form or belong to trade unions or other associations for the protection of his interests. 

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Access to justice (articles 16(1) and 110)

If any person alleges that any of the provisions of sections 2 to 15 (inclusive) of this Constitution has been, is being or is likely to be contravened in relation to him, then, without prejudice to any other action with respect to the same matter which is lawfully available, that person may apply to the High Court for redress. 

The Constitution also provides for a Parliamentary Commissioner whose principal function is to investigate any decision or recommendation made, including any advice given or recommendation made to a Minister, or any act done or omitted by any department of Government or any other authority to which this section applies, or by officers or members of such a departtnent or authority, being action taken in exercise ofthe administrative functions ofthat departtnent or authority. The Commissioner shall have powers to investigate complaints of administrative injustice.

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