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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
…
(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 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)
Political Rights and Association
- English
Subject to section 92 (disqualification from registration), a person is entitled to be registered as an elector in Parliamentary elections if, and is not entitled to be registered as such an elector unless-
(a) he is a citizen of Tuvalu; and
(b) he has attained the age of 18 years; and
(c) he satisfies such other requirements (whether as to residence or otherwise) as are prescribed by an Act of Parliament.
... (Sec. 93)
Political Rights and Association
- English
1. Subject to the succeeding provisions of this section, any person who is registered under an Act of Parliament as an elector for Parliamentary elections in an electoral district is entitled to vote, in such manner as is prescribed, in an election of a member of Parliament for that district.
... (Sec. 92)
Political Rights and Association
- English
(1) Subject to the provisions of this Part and in particular to-
(a) subsection (3); and
(b) section 29 (protection of Tuvaluan values, etc.);
…
(g) section 36 (restrictions on certain rights and freedoms during public emergencies),
except with his consent no-one shall be hindered in the exercise of his freedom of assembly and association.
(2) For the purposes of this section, freedom of assembly and association includes-
(a) the right to assemble freely and to associate with other persons; and
(b) the right to form or belong to political parties; and
(c) the right, as regulated by law, to form or belong to trade unions or other associations for the protection or advancement of one’s interests.
... (Sec. 25)