Constitution of Tuvalu 1986, as amended to 2023
Judicial Protection
  • English

    The High Court has the jurisdiction in relation to the interpretation, application and enforcement of this Constitution conferred by-
    …
    (b) Part II, Division 5 (Enforcement of the Bill of Rights);
    … (Sec. 5)

Judicial Protection
  • English

    (1) Notwithstanding anything to the contrary in this Part, other than —
    (a) section 33 (hostile disciplined forces); and
    (b) section 36 (restrictions on certain rights and freedoms during public emergencies),
    all laws, and all acts done under a law, must be reasonably justifiable in a democratic society that has a proper respect for human rights and dignity.
    (2) Any question whether a law is reasonably justifiable in a democratic society that has a proper respect for human rights and dignity is to be determined in the light of the circumstances existing at the time when the decision on the question is made.
    (3) Subsection (2) does not affect any question whether an act done under a law was reasonably justifiable in a democratic society that has a proper respect for human rights and dignity.
    (4) A law may be declared not to be reasonably justifiable in a democratic society that has a proper respect for human rights and dignity only by the High Court or some other court prescribed for the purpose by or under an Act of Parliament.
    (5) In determining whether a law or act is reasonably justifiable in a democratic society that has a proper respect for human rights and dignity, a court may have regard to —
    (a) traditional standards, values and practices, as well as previous laws and judicial decisions, of Tuvalu; and
    (b) law, practices and judicial decisions of other countries that the court reasonably regards as democratic; and
    (c) international conventions, declarations, recommendations and judicial decisions concerning human rights; and
    (d) the Charter of Duties and Responsibilities; and
    (e) any other matters that the court thinks relevant.
    (6) Notwithstanding subsection (5), any law, or any act done under a valid law, which accords with traditional standards, values and practices shall not contravene subsection (1) above, unless the relevant traditional standard, value or practice would be regarded by a resolution of Parliament supported
    by the votes of two-thirds of the total membership as one which should be eliminated. (Sec. 15)

Judicial Protection
  • English

    (1) In accordance with any rules of court made for the purposes of this Division4, if any person claims that any of the provisions of this Part5
    (a) has been; or
    (b) is being; or
    (c) is likely to be,
    contravened or not complied with in relation to him, he may apply to the High Court under this Division.
    (2) In the case of a person who is being detained, an application under subsection
    (1) may be made —
    (a) by the person himself; or
    (b) by any other person on his behalf.
    (3) Nothing in subsection (1) or (2) prevents any other action that may be taken under any other law in respect of the contravention. (Sec. 38)

Judicial Protection
  • English
    If in any proceedings in a subordinate court a question arises as to a contravention of any of the provisions of this Part6, the court may, and shall if a party to the proceedings so requests, refer the question to the High Court unless, in the opinion of the court, the question raised is frivolous or vexatious. (Sec. 39)
Judicial Protection
  • English

    (1) The High Court has original jurisdiction —
    (a) to determine any application made under section 38 (application for enforcement of the Bill of Rights); and
    (b) to determine any question referred to it under section 39 (questions as to the Bill of Rights arising in subordinate courts),
    and may make any orders, issue any writs and give any directions that it thinks appropriate for enforcing or securing the enforcement of this Part.
    (2) The High Court may refuse to exercise its powers under subsection (1) if it is satisfied that adequate means of redress for the alleged contravention are or have been reasonably available to the person concerned under any other law. (Sec. 40)

Judicial Protection
  • English
    (1) Subject to subsection (2), an appeal may be made, in accordance with Part VII (The Courts), against any determination of the High Court under this Division.
    (2) There is no appeal against a determination dismissing an application on the ground that it is frivolous or vexatious. (Sec. 41)
Judicial Protection
  • English
    An Act of Parliament may confer on the High Court powers, additional to those conferred by the preceding provisions of this Division, for the purpose of enabling the Court to exercise more effectively the jurisdiction conferred on it by this Division. (Sec. 42)
Judicial Protection
  • English

    …
    (3) All Courts in Tuvalu shall consider the Charter of Duties and Responsibilities when dealing with any issues arising from the application of the rights and freedoms enshrined in this Constitution.
    … (Sec. 43)

Judicial Protection
  • 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;
    … (Sec. 133)

Judicial Protection
  • 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-
    …
    (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.”