TCI Constitution

Enforcement of fundamental rights 21. (1) If any person alleges that any of the foregoing provisions of this Part has been, is being or is likely to be contravened in relation to him or her, 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. (2) The Supreme Court shall have original jurisdiction— (a) to hear and determine any application made by any person in pursuance of subsection (1); and (b) to determine any question arising in the case of any person which is referred to it in pursuance of subsection (3), 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 foregoing provisions of this Part to the protection of which the person concerned is entitled; but the Supreme Court shall not exercise its powers under this subsection if it is satisfied that adequate means of redress are or have been available to the person concerned under any other law. (3) If, in any proceedings in any court established in the Islands other than the Supreme Court or the Court of Appeal, any question arises as to the contravention of any of the foregoing provisions of this Part, the court in which the question has arisen shall refer the question to the Supreme Court, unless, in its opinion, the raising of the question is merely frivolous or vexatious. (4) An appeal shall lie as of right to the Court of Appeal from any final determination of any application or question by the Supreme Court under this section, and an appeal shall lie as of right to Her Majesty in Council from the final determination by the Court of Appeal of the appeal in any such case; but © Crown Copyright 2014 Copying/unauthorised distribution strictly prohibited. Printed under Authority by The Regional Law Revision Centre Inc. www.lawrevision.ai  LAWS OF TURKS & 30 CAP. 1.01 Constitution CAICOS ISLANDS Consolidation Date: 31 Dec 2014 no appeal shall lie from a determination by the Supreme Court under this section dismissing an application on the ground that it is frivolous or vexatious. (5) The Legislature may by law confer on the Supreme Court such powers in addition to those conferred by this section as may appear to be necessary or desirable for the purpose of enabling the Court more effectively to exercise the jurisdiction conferred on it by this section. (6) Any such law may make, or provide for the making of, provision with respect to the practice and procedure— (a) of the Supreme Court in relation to the jurisdiction and powers conferred on it by or under this section; (b) of the Supreme Court or the Court of Appeal in relation to appeals under this section from determinations of the Supreme Court or the Court of Appeal; and (c) of other courts in relation to references to the Supreme Court under subsection (3), including provision with respect to the time within which any application, reference or appeal shall or may be made or brought. (7) In determining any question which has arisen in connection with the interpretation or application of any of the foregoing provisions of this Part, every court shall take into account any— (a) judgment, decision, declaration or advisory opinion of the European Court of Human Rights; (b) decision of the European Commission of Human Rights (“the Commission”) given in a report adopted under Article 31 of the Convention; (c) decision of the Commission in connection with Article 26 or 27(2) of the Convention; (d) decision of the Committee of Ministers of the Council of Europe (“the Committee of Ministers”) taken under Article 46 of the Convention; (e) judgment, decision or declaration of a superior court in the United Kingdom on the interpretation or application of the Convention, whenever made or given, so far as, in the opinion of the court, it is relevant to the proceedings in which that question has arisen. (8) In subsection (7), references to the Convention are references to it as it has effect for the time being, except that— (a) the references in subsection (7)(b) and (c) to Articles 31, 26 and 27(2) are references to those Articles as they respectively had effect immediately before the coming into force of the Eleventh Protocol; © Crown Copyright 2014 Copying/unauthorised distribution strictly prohibited. Printed under Authority by The Regional Law Revision Centre Inc. www.lawrevision.ai  LAWS OF TURKS & CAICOS ISLANDS Constitution CAP. 1.01 31 Revision Date: 31 Dec 2014 (b) the reference in subsection (7)(d) to Article 46 includes a reference to Articles 32 and 54 as they had effect immediately before the coming into force of the Eleventh Protocol; and (c) the references in subsection (7) to a report or decision of the Commission or a decision of the Committee of Ministers include references to a report or decision made as provided by paragraphs 3, 4 and 6 of Article 5 of the Eleventh Protocol (transitional provisions). (9) In subsections (7) and (8)— “the Convention” means the European Convention on Human Rights; “the Eleventh Protocol” means the protocol to the Convention (restructuring the control machinery established by it) agreed at Strasbourg on 11 May 1994; and “a superior court in the United Kingdom” means any of the following— (a) the High Court or the Court of Appeal in England; (b) the High Court of Justiciary or the Court of Session in Scotland; (c) the High Court or the Court of Appeal in Northern Ireland; (d) the House of Lords or the Supreme Court; and (e) the Judicial Committee of the Privy Council.