The legal system of Grenada
English common law in a Westminster constitutional monarchy, with the Eastern Caribbean Supreme Court providing the superior courts. Grenada's constitutional history is unusual: the 1973 Constitution was suspended after the 1979 revolution and formally restored in 1991. Referendums in 2016 and 2018 both rejected a package of reforms including accession to the appellate jurisdiction of the Caribbean Court of Justice, so final appeal stays with the Privy Council.
Legal tradition
Grenada belongs to the common law tradition. English common law in a Westminster constitutional monarchy, with the Eastern Caribbean Supreme Court providing the superior courts. Grenada's constitutional history is unusual: the 1973 Constitution was suspended after the 1979 revolution and formally restored in 1991. Referendums in 2016 and 2018 both rejected a package of reforms including accession to the appellate jurisdiction of the Caribbean Court of Justice, so final appeal stays with the Privy Council.
How power is divided
Unitary. The state comprises Grenada, Carriacou and Petite Martinique; Carriacou and Petite Martinique have a Ministry and local administration but no separate legislature.
Where law comes from
- The Constitution
- Supreme law; restored to full effect by 1991.
- Acts of Parliament
- House of Representatives and Senate.
- Received English common law and equity
- Continued in force.
- Judicial precedent
- Privy Council decisions bind all Grenadian courts.
The legal profession
A fused profession of legal practitioners admitted by the High Court under the Legal Profession Act, after a law degree and the Legal Education Certificate. The Grenada Bar Association represents practitioners.
Law by topic in Grenada
- Business & CorporateCompanies Act 1994 on the CARICOM modelThe Companies Act 1994 follows the CARICOM harmonised model with articles of incorporation and abolition of ultra vires. The Corporate Affairs and Intellectual Property Office administers the register, and incorporation is generally completed within days. Grenada repealed its international business company legislation to meet OECD and EU standards, so the offshore regime that once operated is closed to new business.
- Civil ProcedureECSC Civil Procedure Rules 2000 with a Privy Council apexCivil claims follow the Eastern Caribbean Supreme Court Civil Procedure Rules 2000, with a claim form and statement of claim, 14 days to acknowledge service and 28 days to file a defence. Appeals go to the itinerant ECSC Court of Appeal and then, uniquely among its CCJ-adopting neighbours, onward to the Judicial Committee of the Privy Council. The Public Authorities Protection Act again cuts the period for claims against the state.
- Property & LandDeeds and Land Registry Act with alien landholding controlGrenada uses a deeds registration system under the Deeds and Land Registry Act, so title depends on the chain of registered deeds rather than a conclusive state-guaranteed register. Conveyancing therefore requires a historic title search. Non-nationals must obtain an alien landholding licence before acquiring land, and much foreign investment in real estate is routed through approved citizenship by investment projects.
- Constitutional Law1973 Constitution restored in 1983, still appealing to the Privy CouncilThe Grenada Constitution Order 1973 governs, having been suspended during the 1979 revolution and restored after the 1983 intervention, which makes the continuity of the legal order an unusual feature of Grenadian constitutional law. Grenada is a parliamentary monarchy with a Governor-General and a bicameral Parliament. Referendums in 2016 and 2018 to replace the Privy Council with the Caribbean Court of Justice were both rejected, so the Privy Council remains the final court.
- Employment & LabourEmployment Act 1999 with a Labour CommissionerThe Employment Act 1999 sets minimum conditions including hours, leave, notice and severance, and prohibits unfair dismissal. The Labour Relations Act governs recognition of trade unions and collective bargaining. The Labour Commissioner conciliates disputes, and unresolved matters go to a tribunal or, for trade disputes, to arbitration.
- Family LawMatrimonial Causes Act with maintenance in the Magistrate's CourtDivorce proceeds under the Matrimonial Causes Act on the ground of irretrievable breakdown, usually established by separation, adultery or unreasonable behaviour. The Status of Children Act removed the disabilities of children born outside marriage, and the Child Protection Act governs care proceedings. Maintenance and protection orders are obtained in the Magistrate's Court.
- Criminal LawCriminal Code with jury trial in the High CourtThe Criminal Code sets out offences against the person and property, supplemented by the Drug Abuse (Prevention and Control) Act and the Proceeds of Crime Act. Indictable trials take place in the High Court before a judge and jury; summary matters go before a magistrate. The Director of Public Prosecutions conducts prosecutions independently under the Constitution.
- Immigration & NationalityImmigration Act with CARICOM entry and a CBI programmeThe Immigration Act controls entry, residence and deportation, administered by the Immigration Department of the Royal Grenada Police Force. CARICOM nationals with a skills certificate may work without a permit and other CARICOM nationals receive a six-month stay. The Grenada Citizenship by Investment Act 2013 grants citizenship on an approved investment, and Grenada's programme is notable for giving access to the United States E-2 treaty investor visa.
- Tax LawIncome Tax Act with VAT at 15 percentThe Income Tax Act charges corporation tax at 28 percent and taxes individuals on a progressive scale above a generous threshold, with the Inland Revenue Division administering assessment. Value added tax is 15 percent under the Value Added Tax Act, with a reduced rate for hotel accommodation and a range of exemptions. Grenada has no capital gains tax, no inheritance tax and no wealth tax.
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