Antigua and Barbuda · Overview
The legal system of Antigua and Barbuda
English common law with a bicameral Westminster parliament and the monarch as head of state. Judicial business runs through the shared Eastern Caribbean Supreme Court, and final appeal remains with the Privy Council: a 2018 referendum on replacing it with the Caribbean Court of Justice was defeated. Barbuda has a distinct land-tenure regime, historically communal, and litigation over the Barbuda Land Act amendments has been among the most significant constitutional property litigation in the OECS.
Legal tradition
Antigua and Barbuda belongs to the common law tradition. English common law with a bicameral Westminster parliament and the monarch as head of state. Judicial business runs through the shared Eastern Caribbean Supreme Court, and final appeal remains with the Privy Council: a 2018 referendum on replacing it with the Caribbean Court of Justice was defeated. Barbuda has a distinct land-tenure regime, historically communal, and litigation over the Barbuda Land Act amendments has been among the most significant constitutional property litigation in the OECS.
How power is divided
Unitary, with a statutory Barbuda Council exercising local government functions on Barbuda under the Barbuda Local Government Act. Antigua's six parishes are administrative only.
Where law comes from
- The Constitution
- Supreme law.
- Acts of Parliament
- House of Representatives and Senate.
- Received English common law and equity
- Continued in force at independence.
- Judicial precedent
- Privy Council decisions bind; ECSC Court of Appeal decisions bind below.
The legal profession
A fused profession of legal practitioners admitted by the High Court following a law degree and the Legal Education Certificate, or admission in another approved jurisdiction. The Antigua and Barbuda Bar Association represents the profession.
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