The Preamble states:
…Believing in the concept of true democracy with free and fair elections; acknowledging that [the people’s] society is founded on social justice, moral and spiritual principles, democratic values and respect for fundamental human rights and the equitable distribution of resources, the rule of law…
Section 6, subsection 1 states:
No person shall be deprived of his or her personal liberty save in any of the following cases where reasonably required and in accordance with a procedure prescribed by law:…
Section 23, subsection 3 states:
If the office of Deputy Governor is vacant or the person holding that office is acting in the office of Governor under section 25 or is for any reason unable to perform the functions of the office of Deputy Governor, then the Governor, acting in his or her discretion, may appoint a person who is a Montserratian to act as Deputy Governor and any such person shall continue to act until his or her appointment is revoked by the Governor, acting in his or her discretion.
Section 25, subscetion 1 states:
During any period when the office of Governor is vacant or the Governor is absent from Montserrat or is for any other reason unable to perform the functions of that office, those functions shall, during Her Majesty’s pleasure, be assumed and performed by—
Section 36, subsection 1 states:
During any period when the office of Premier is vacant or the Premier is absent from Montserrat or otherwise unable to perform the functions of his or her office, the Governor shall authorise the Deputy Premier to perform those functions; and if the office of Deputy Premier is vacant or the Deputy Premier is absent from Montserrat or otherwise unable to perform those functions, the Governor shall authorise another Minister to perform those functions, acting in accordance with the advice of the Premier or, if the office of Premier is vacant or it is impracticable to obtain the advice of the Premier, acting in his or her discretion.
Section 37, subsection 1 states:
Whenever a Minister (other than the Premier) is absent from Montserrat or otherwise unable to perform the functions of his or her office, the Governor may, by instrument under the public seal, appoint a person who is an elected member of the Legislative Assembly (or, if the Assembly is dissolved, was such a member immediately before the dissolution) to be a temporary Minister.
Section 52, subsection 1 states:
No person shall be qualified to be elected as a member of the Legislative Assembly who—
Section 78, subsection 4 states:
The Chairman or other member of the Electoral Commission shall vacate his or her office—…
Section 82 states:
…(5) The office of a member of the Public Service Commission shall become vacant—
(6) Whenever the office of the Chairman of the Public Service Commission is vacant or the holder of that office is for any reason unable to perform the functions of that office, such one of the other members of the Commission as the Governor, acting in his or her discretion, may appoint shall act in the office of the Chairman; and any person so appointed shall, subject to subsection (5), continue so to act until he or she is notified by the Governor, acting in his or her discretion, that the circumstances giving rise to the appointment have ceased to exist.
(7) If the office of a member of the Public Service Commission other than the Chairman is vacant or the holder of that office is acting as the Chairman or is for any other reason unable to perform the functions of his or her office, the Governor, acting in the manner prescribed by subsection (2) for the appointment of that member, may appoint a person who is qualified for appointment as a member of the Commission to act as a member of the Commission; and any person so appointed shall, subject to subsection (5), continue so to act until he or she is notified by the Governor, acting in his or her discretion, that the circumstances giving rise to the appointment have ceased to exist…
Section 85, subsection 5 states:
A person holding the office of Deputy Governor, Attorney-General, Financial Secretary or Director of Public Prosecutions may be removed from office only for inability to discharge the functions of his or her office (whether arising from infirmity of body or mind or any other cause) or for misbehaviour, and with the prior approval of a Secretary of State.
Section 101, subsection 5 states:
If the Legislative Assembly in a resolution addressed to the Governor resolves that the Auditor-General is unable to perform the functions of his or her office due to misconduct, incapacity or incompetence—
Section 109 states:
(1) In this Constitution, unless it is otherwise provided or the context otherwise requires, any reference to power to make appointments to any public office shall be construed as including a reference to power to make appointments on promotion and transfer, appointments on contract and appointments to act in an office during any period when it is vacant or the holder of the office is absent from Montserrat or is for any other reason unable to perform the functions of the office...
(3) Where by this Constitution any person is directed, or power is conferred on any person or authority to appoint a person, to act in an office if the holder of the office is unable to perform the functions of that office, the validity of any performance of those functions by the person so directed or of any appointment made in exercise of that power shall not be called in question in any court on the ground that the holder of the office is not unable to perform the functions of the office.
Section 23, subsection 3 states:
If the office of Deputy Governor is vacant or the person holding that office is acting in the office of Governor under section 25 or is for any reason unable to perform the functions of the office of Deputy Governor, then the Governor, acting in his or her discretion, may appoint a person who is a Montserratian to act as Deputy Governor and any such person shall continue to act until his or her appointment is revoked by the Governor, acting in his or her discretion.
Section 25, subscetion 1 states:
During any period when the office of Governor is vacant or the Governor is absent from Montserrat or is for any other reason unable to perform the functions of that office, those functions shall, during Her Majesty’s pleasure, be assumed and performed by—
Section 36, subsection 1 states:
During any period when the office of Premier is vacant or the Premier is absent from Montserrat or otherwise unable to perform the functions of his or her office, the Governor shall authorise the Deputy Premier to perform those functions; and if the office of Deputy Premier is vacant or the Deputy Premier is absent from Montserrat or otherwise unable to perform those functions, the Governor shall authorise another Minister to perform those functions, acting in accordance with the advice of the Premier or, if the office of Premier is vacant or it is impracticable to obtain the advice of the Premier, acting in his or her discretion.
Section 37, subsection 1 states:
Whenever a Minister (other than the Premier) is absent from Montserrat or otherwise unable to perform the functions of his or her office, the Governor may, by instrument under the public seal, appoint a person who is an elected member of the Legislative Assembly (or, if the Assembly is dissolved, was such a member immediately before the dissolution) to be a temporary Minister.
Section 52, subsection 1 states:
No person shall be qualified to be elected as a member of the Legislative Assembly who—
Section 78, subsection 4 states:
The Chairman or other member of the Electoral Commission shall vacate his or her office—…
Section 82 states:
…(5) The office of a member of the Public Service Commission shall become vacant—
(6) Whenever the office of the Chairman of the Public Service Commission is vacant or the holder of that office is for any reason unable to perform the functions of that office, such one of the other members of the Commission as the Governor, acting in his or her discretion, may appoint shall act in the office of the Chairman; and any person so appointed shall, subject to subsection (5), continue so to act until he or she is notified by the Governor, acting in his or her discretion, that the circumstances giving rise to the appointment have ceased to exist.
(7) If the office of a member of the Public Service Commission other than the Chairman is vacant or the holder of that office is acting as the Chairman or is for any other reason unable to perform the functions of his or her office, the Governor, acting in the manner prescribed by subsection (2) for the appointment of that member, may appoint a person who is qualified for appointment as a member of the Commission to act as a member of the Commission; and any person so appointed shall, subject to subsection (5), continue so to act until he or she is notified by the Governor, acting in his or her discretion, that the circumstances giving rise to the appointment have ceased to exist…
Section 85, subsection 5 states:
A person holding the office of Deputy Governor, Attorney-General, Financial Secretary or Director of Public Prosecutions may be removed from office only for inability to discharge the functions of his or her office (whether arising from infirmity of body or mind or any other cause) or for misbehaviour, and with the prior approval of a Secretary of State.
Section 101, subsection 5 states:
If the Legislative Assembly in a resolution addressed to the Governor resolves that the Auditor-General is unable to perform the functions of his or her office due to misconduct, incapacity or incompetence—
Section 109 states:
(1) In this Constitution, unless it is otherwise provided or the context otherwise requires, any reference to power to make appointments to any public office shall be construed as including a reference to power to make appointments on promotion and transfer, appointments on contract and appointments to act in an office during any period when it is vacant or the holder of the office is absent from Montserrat or is for any other reason unable to perform the functions of the office...
(3) Where by this Constitution any person is directed, or power is conferred on any person or authority to appoint a person, to act in an office if the holder of the office is unable to perform the functions of that office, the validity of any performance of those functions by the person so directed or of any appointment made in exercise of that power shall not be called in question in any court on the ground that the holder of the office is not unable to perform the functions of the office.