Constitution of The BahamasIn briefAnyone who claims their rights under Articles 16 to 27 have been, are being or are likely to be breached can apply to the Supreme Court for a remedy.
If any person alleges that any of the provisions of Articles 16 to 27 (inclusive) of this Constitution has been, is being of is likely to be contravened in relation to him then, without prejudice to any other action with respect to the same matter which is lawfully available, that person may apply to the Supreme Court for redress.
If a person claims that any provision of Articles 16 to 27 (inclusive) of this Constitution has been, is being or is likely to be breached in relation to them, that person may apply to the Supreme Court for redress (a remedy). This does not affect any other lawful action available for the same matter.
The Supreme Court shall have original jurisdiction-
The Supreme Court has original jurisdiction (the power to hear a case at first instance, rather than on appeal):
to hear and determine any application made by any person in pursuance of paragraph (1) of this Article; and
to hear and decide any application made by a person under paragraph (1) of this Article; and
to determine any question arising in the case of any person which is referred to it in pursuance of paragraph (3) of this Article, and may make such orders, issue such writs and give such directions as it may consider appropriate for the purpose of enforcing or securing the enforcement of any of the provisions of the said Articles 16 to 27 (inclusive) to the protection of which the person concerned is entitled:
to decide any question arising in a person's case that is referred to it under paragraph (3) of this Article. The Court may make such orders, issue such writs (formal written court commands) and give such directions as it considers appropriate to enforce, or secure the enforcement of, any provision of Articles 16 to 27 (inclusive) whose protection the person concerned is entitled to:
Provided that the Supreme Court shall not exercise its power under this paragraph if it is satisfied that adequate means of redress are or have been available to the person concerned under any other law.
However, the Supreme Court must not use its power under this paragraph if it is satisfied that adequate means of redress are or have been available to the person concerned under any other law.
If, in any proceedings in any court established for The Bahamas other than the Supreme Court or the Court of Appeal, any question arises as to the contravention of any of the provisions of the said Articles 16 to 27 (inclusive), the court in which the question to the Supreme Court.
If, in proceedings in any court established for The Bahamas other than the Supreme Court or the Court of Appeal, a question arises about a breach of any provision of Articles 16 to 27 (inclusive), the court in which the question has arisen must refer the question to the Supreme Court.
No law shall make provision with respect to rights of appeal from any determination of the Supreme Court in pursuance of this Article that is less favorable to any party thereto than the rights of appeal from determinations of the Supreme Court that are accorded generally to parties to civil proceedings in that Court sitting as a court or original jurisdiction.
No law may give any party rights of appeal from a decision of the Supreme Court under this Article that are less favourable than the rights of appeal generally given to parties in civil proceedings in that Court sitting as a court of original jurisdiction.
Parliament may make laws to confer upon the Supreme Court such additional or supplementary powers as may appear to be necessary or desirable for enabling the Court more effectively to exercise the jurisdiction conferred upon it by paragraph (2) of this Article and may make provision with respect to the practice and procedure of the Court while exercising that jurisdiction.
Parliament may make laws giving the Supreme Court any additional or supplementary powers that appear necessary or desirable to let the Court exercise its jurisdiction under paragraph (2) of this Article more effectively, and may make provision about the Court's practice and procedure when exercising that jurisdiction.