Rights
The Caribbean's only federation, with a right of secession for Nevis
The Saint Christopher and Nevis Constitution Order 1983 created the only federal state in the Caribbean. Nevis has its own Island Assembly, Premier and Nevis Island Administration with legislative competence over specified matters, and section 113 gives Nevis a constitutional right to secede by a two-thirds referendum. A 1998 secession referendum reached 62 percent, just short of the threshold, which remains the defining fact of the federation's politics.
Key rules
- Jurisdiction — Federal state; the Nevis Island Administration legislates for Nevis on specified matters
- Deadline — Secession referendum: requires a two-thirds majority of votes cast in Nevis
- Deadline — Appeal to the Court of Appeal: 42 days for a final judgment
- Deadline — Election petition: 21 days from the declaration of the result
Governing law
- Saint Christopher and Nevis Constitution Order 1983 (ss. 1 to 18)
- Constitution (s. 113 (secession of Nevis))
- Nevis Island Administration provisions (ss. 102 to 112)
- Supreme Court Order 1967Eastern Caribbean Supreme Court
In practice
The federal division of competence is a real trap for advisers, because Nevis legislates separately on land, some taxation and its own financial services sector, so a statute in force in Saint Kitts may have no application in Nevis and vice versa. Always confirm whether the governing instrument is a federal Act or a Nevis Island Assembly Ordinance before advising on a Nevis transaction.