Constitution of The Bahamas

ContentsChapter VII. The JudicaturePart III. Appeals relating to fundamental rights and freedoms

Article 104. Appeals to Court of Appeal and Her Majesty in CouncilAppeals in fundamental rights cases

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104.

In briefGuarantees an appeal as of right from Supreme Court decisions under Article 28, and a further appeal to the Privy Council.

(1)

An appeal to the Court of appeal shall lie as of right from final decisions of the Supreme Court given in exercise of the jurisdiction conferred on the Supreme Court by Article 28 of this Constitution (which relates to the enforcement of fundamental rights and freedoms).

There is an appeal as of right (without needing permission) to the Court of Appeal from final decisions of the Supreme Court made under the jurisdiction (legal authority) given to the Supreme Court by Article 28 of this Constitution (which deals with enforcing fundamental rights and freedoms).

(2)

An appeal shall lie as of right to the Judicial Committee of Her Majesty's Privy Council or to such other court as may be prescribed by Parliament under Article 105(3) of this Constitution form any decisions given by the Court of Appeal in any such case.

In any such case there is an appeal as of right from any decision of the Court of Appeal to the Judicial Committee of Her Majesty's Privy Council, or to any other court that Parliament names under Article 105(3) of this Constitution.

Appeals to Court of Appeal and Her Majesty in CouncilAppeals in fundamental rights cases

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