Constitution of Tuvalu 1986, as amended to 2023
Jurisdiction and Access
  • English

    The High Court has the jurisdiction in relation to the interpretation, application and enforcement of this Constitution conferred by —
    (a) section 14 (Parliamentary declaration of purpose); 
    (b) Part II, Division 5 (Enforcement of the Bill of Rights); and
    (c) section 134 (constitutional interpretation), and otherwise by law. (Sec. 5)

Jurisdiction and Access
  • English

    (1) The High Court has jurisdiction —
    (a) in relation to Part II (Bill of Rights) of this Constitution - as provided by Division 5 (Enforcement of the Bill of Rights) of that Part; and
    (b) in relation to questions as to membership of Parliament - as provided by section 102 (questions as to membership of Parliament); and
    (c) in relation to other questions as to the interpretation or application of this Constitution - as provided by section 134 (constitutional interpretation);
    (d) in relation to appeals generally - as provided by section 135 (appellate jurisdiction of the High Court); and
    (e) in other matters - as provided for by sections 14(3) (which relates to the effect of Parliamentary declarations of purpose) and 136 (other jurisdiction, etc., of the High Court), and otherwise in this Constitution.
    … (Sec. 133)

Jurisdiction and Access
  • English

    (1) Subject to subsection (2), the High Court has original jurisdiction to determine any question as to the interpretation or application of this Constitution.
    (2) Where —
    (a) any question as to the interpretation or application of this Constitution arises in any proceedings in a subordinate court; and
    (b) that court is of the opinion that the question involves a substantial question of law,
    the court may, and shall if a party to the proceedings so requests, refer the question to the High Court for determination. (Sec. 134)

Jurisdiction and Access
  • English

    (1) An appeal may be made from a decision of the Court of Appeal to the Sovereign in Council —
    (a) with the leave of the Court of Appeal —
    (i) in the case of a final decision on a question as to the interpretation or application of this Constitution; or
    (ii) in the case of a final decision in proceedings under Division 5 (Enforcement of the Bill of Rights) of Part II;
    … (Sec. 139)

Links to all sites last visited 12 April 2024
2
Part II on Bill of Rights. 
3

Part II on Bill of Rights. 

4, 5

4 - Division 5 on Enforcement of the Bill of Rights (Sections 38-42).
5 - Part II on Bill of Rights.

6
Part II on Bill of Rights. 
7

Also refer to Sec. 13: “The Principles set out in the Preamble are adopted as part of the basic law of Tuvalu, from which human rights and freedoms derive and on which they are based.”