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Judicial Protection
- English
(1) Subject to the provisions of subsection (6) of this section, if any person alleges that any of the provisions of sections 3 to 164 (inclusive) of this Constitution has been, is being or is likely to be contravened in relation to him (or, in the case of a person who is detained, if any other person alleges such a contravention in relation to the detained person) then, without prejudice to any other action with respect to the same matter which is lawfully available, that person (or that other person) may apply to the High Court for redress.
(2) The High Court shall have original jurisdiction-
(a) to hear and determine any application made by any person in pursuance of the preceding subsection;
(b) to determine any question arising in the case of any person which is referred to it in pursuance of the next following subsection, and may make such orders, issue such writs and give such directions, including the payment of compensation, as it may consider appropriate for the purpose of enforcing or securing the enforcement of any of the provisions of sections 3 to 16 (inclusive) of this Constitution:
Provided that the High Court may decline to exercise its powers under this subsection if it is satisfied that adequate means of redress for the contravention alleged are or have been available to the person concerned under any other law.
(3) If in any proceedings in any subordinate court any question arises as to the contravention of any of the provisions of sections 3 to 16 (inclusive) of this Constitution, the person presiding in that court may, and shall if any party to the proceedings so requests, refer the question to the High Court unless, in his opinion, the raising of the question is merely frivolous or vexatious.
(4) Any person aggrieved by any determination of the High Court under this section may appeal therefrom to the Court of Appeal:
Provided that no appeal shall lie from a determination of the High Court under this section dismissing an application on the ground that it is frivolous or vexatious.
(5) Parliament may confer upon the High Court powers additional to those conferred by this section for the purpose of enabling that court more effectively to exercise the jurisdiction conferred upon it by this section.
(6) Rules of court making provision with respect to the practise and procedure of the High Court in relation to the jurisdiction conferred on it by or under this section (including rules with respect to the time within which any application or reference shall or may be made or brought) may be made by the person or authority for the time being having power to make rules of court with respect to the practice and procedure of that court generally. (Sec. 18)
Judicial Protection
- English1. If any person alleges that any of the provisions of this Chapter7 has been, is being or is likely to be contravened in relation to him, then, without prejudice to any other action with respect to the same matter which is lawfully available, that person may apply to the Supreme Court for redress.
2. Any person authorized by law, or, with the leave of the Court, a public or civic organization, may initiate an application to the Supreme Court on behalf of persons who are entitled to apply under subsection (1) for a declaration that any legislative or executive act contravenes the provisions of this Chapter.
3. The Supreme Court shall have original jurisdiction to hear and determine any application made by any person in pursuance of subsection (1) of this section and may make such orders, issue such writs and give such directions as it may consider appropriate for the purpose of enforcing, or securing the enforcement of, any of the provisions of this Chapter to the protection of which the person concerned is entitled.
4. Where any application is made for redress under this Chapter, the-Supreme Court may decline to exercise its powers and may remit the matter to the appropriate court, tribunal or authority if it is satisfied that adequate means of redress for the contravention alleged are available to the person concerned under any other law.
5. Any person aggrieved by any determination of the Supreme Court under this section may appeal therefrom to the Court of Appeal.
6. Parliament may make provision or authorize the making of provision with respect to the practice and procedure of any court for the purposes of this section and may confer upon that court such powers, or may authorize the conferment thereon of such powers, in addition to those conferred by this section, as may appear to be necessary or desirable for the purpose of enabling that court more effectively to exercise the jurisdiction conferred upon it by this section. (Sec. 19)
Judicial Protection
- EnglishAnyone whose rights or freedoms, as guaranteed by this Chapter, have been infringed or denied may apply to a court to obtain a just remedy. (Art. 65)
- Dhivehiމި ބާބުގައި ބަޔާންކޮށްފައިވާ އެއްވެސް ޙައްޤެއް ނުވަތަ މިނިވަންކަމެއް އެއްވެސް މީހެއްގެ ކިބައިން ނިގުޅައިގެންފިނަމަ، ނުވަތަ ހިފަހައްޓައިފިނަމަ، އިންސާފްވެރި ޙައްލެއް ހޯދުމަށްޓަކައި އެ މައްސަލަ ކޯޓަށް ހުށަހެޅުމުގެ ޙައްޤު އެ މީހަކަށް ލިބިގެވެއެވެ. (ޤާނޫނުއަސާސީގެ 65 ވަނަ މާއްދާ)