Constitution of The Bahamas

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

Article 105. Appeals to Her Majesty in Council in other casesAppeals to the Privy Council in other cases

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105.

In briefLets Parliament provide for other appeals to the Privy Council or a replacement court, and preserves Her Majesty's power to grant special leave to appeal.

(1)

Parliament may provide for an appeal to lie from decisions of the Court of Appeal established by Part 2 of this Chapter to the Judicial Committee of Her Majesty's Privy Council or to such other court as may be prescribed by Parliament under this Article, either as of right or with the leave of the said Court of Appeal, in such cases other than those referred to in Article 104(2) of this Constitution as may be prescribed by Parliament.

Parliament may provide for an appeal from decisions of the Court of Appeal set up by Part 2 of this Chapter to the Judicial Committee of Her Majesty's Privy Council, or to any other court that Parliament names under this Article. Parliament may allow the appeal as of right or with the leave (permission) of the Court of Appeal, in the cases Parliament specifies other than those covered by Article 104(2) of this Constitution.

(2)

Nothing in this Constitution shall affect any right of Her Majesty to grant special leave to appeal from decisions such as are referred to in paragraph (1) of this Article.

Nothing in this Constitution affects any right of Her Majesty to grant special leave (permission) to appeal from the decisions referred to in paragraph (1) of this Article.

(3)

Parliament may by law provide for the functions required in this Chapter to be exercised by the Judicial Committee of Her Majesty's Privy Council to be exercised by any other court established for the purpose in substitution for the Judicial Committee.

Parliament may by law provide that the functions this Chapter gives to the Judicial Committee of Her Majesty's Privy Council are carried out instead by any other court set up for that purpose in place of the Judicial Committee.

Appeals to Her Majesty in Council in other casesAppeals to the Privy Council in other cases

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