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The Global Gender Equality Constitutional Database is a repository of gender equality related provisions in 194 constitutions from around the world. The Database was updated in partnership with the International Bar Association's Human Rights Institute (IBAHRI) and with support from the Swedish International Development Agency (SIDA) and the Government of Japan. Experience its wealth and depth of information by starting your search now.
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
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) 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
(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
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) 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)
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
(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)