Enforcement of protective provisions

Enforcement of protective provisions

The constitution and laws of Barbados

Enforcement of protective provisions

24. 1. Subject to the provisions of subsection (6), if any person alleges that any of the provisions of sections 12 to 23, is being or is likely to be contravened in relation to him (or, in the case of a person who is detained, if any other person alleges such a contravention in relation to the detained person), then, without prejudice to any other action with respect to the same matter which is lawfully available, that person (or that other person) may apply to the High Court for redress.

2. The High Court shall have original jurisdiction -

a. to hear and determine any application made by any person in pursuance of subsection (2); 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 provisions of sections 12 to 23:

Provided that the High 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 subordinate to the High Court any question arises as to the contravention of any of the provisions of sections 12 to 23, the person presiding in that court shall refer the question to the High Court unless, in his opinion, the raising of the question is merely frivolous or vexatious.

4. Where any question is referred to the High Court pursuance of subsection (3), the High Court shall give its decision upon the question and the court in which the question arose shall dispose of the case in accordance with that decision or, if that decision is the subject of an appeal under this Constitution to the Court of Appeal or to Her Majesty in Council, in accordance with the decision of the Court of Appeal or, as the case may be, of Her Majesty in Council.

5. Parliament may confer upon the High Court such powers in addition to those conferred by this section as may appear to Parliament to be necessary or desirable for the purpose of enabling the High Court more effectively to exercise the jurisdiction conferred upon it by this section.

6. Parliament may make provision with respect to the practice and procedure -

a. of the High Court in relation to the jurisdiction and powers conferred upon it by or under this section;

b. of the High Court and the Court of Appeal in relation to appeals to the Court of Appeal from decisions of the High Court in the exercise of such jurisdiction; and

c. of subordinate courts in relation to references to the High 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; and, subject to any provision so made, provision may be made with respect to the matters aforesaid by rules of court.

7. In this section "the Court of Appeal" has the same meaning as it has in section 87.

Constitution of Barbados

1. Constitution is supreme law

2. Persons who become citizens on 30th November 1966

3. Persons entitled to be registered as citizens

4. Persons born in Barbados after 29th November 1966

5. Persons born outside Barbados after 29th November 1966

6. Marriage to citizen of Barbados

7. Renunciation of citizenship

8. Commonwealth citizens

9. Powers of Parliament

10. Interpretation

11. Fundamental rights and freedoms of the individual

12. Protection of right to life

13. Protection of right to personal liberty

14. Protection from slavery and forced labour

15. Protection from inhuman treatment

16. Protection from deprivation of property

17. Protection against arbitrary search or entry

18. Provisions to secure protection of law

19. Protection of freedom of conscience

20. Protection of freedom of expression

21. Protection of freedom of assembly and association

22. Protection of freedom of movement

23. Protection from discrimination on grounds of race, etc

24. Enforcement of protective provisions

25. Time of emergency

26. Saving of existing law

27. Interpretation

28. Establishment of office of Governor General

29. Acting Governor General

30. Deputy to governor General

31. Personal staff of governor General

32. Exercise of Governor General's functions

33. Public Seal

34. Oaths to be taken by Governor General

35. Establishment of Parliament

36. Senate

37. Qualifications for membership of Senate

38. Disqualifications for membership of Senate

39. Tenure of seats of Senators

40. President and Deputy President of Senate

41. House of Assembly

42. Electoral law

43. Qualifications for membership of Assembly

44. Disqualifications for membership of Assembly

45. Tenure of seats of members of Assembly

46. Determination of questions of membership of Senate and Assembly

47. Filling of casual vacancies in Senate and Assembly

48. Power to make laws

49. Alteration of this Constitution

50. Regulation of procedure in Parliament

51. Presiding in Senate

52. Quorum of Senate

53. Voting in Senate

54. Introduction of Bills, etc

55. Restriction on powers of Senate as to Money Bills

56. Restriction on powers of Senate as to Bills other than Money Bills

57. Provisions relating to sections 54, 55 and 56

58. Asset to Bills

59. Oath of allegiance

60. Sessions of Parliament

61. Prorogation and dissolution of Parliament

62. General election and appointment of Senators

63. Executive authority of Barbados

64. Cabinet

65. Appointment of Ministers

66. Tenure of office of Ministers

67. Performance of Prime Minister's functions in certain events

68. Temporary Ministers

69. Oaths to be taken by Ministers

70. Presiding in Cabinet

71. Governor General to be informed concerning matters of government

72. Assignment of responsibilities to Ministers

73. Parliamentary Secretaries

74. Leader of the Opposition

75. Certain vacancies in office of Leader of Opposition

76. Privy Council

77. Proceedings of Privy Council

78. Prerogative of mercy

79. Establishment of office and functions for Director of Public

80. Establishment of Supreme Court

81. Appointment of Judges

82. Acting Judges

83. Oaths to be taken by Judges

84. Tenure of office of Judges

85. Constitution of Court of Appeal

86. Other arrangements for appeals

87. Appeals relating to fundamental rights and freedoms

88. Appeals to Her Majesty in Council in other cases

89. Establishment and composition of Judicial and Legal Service Commission

90. Establishment and composition of Public Service Commission

91. Establishment and composition of Police Commission

92. Procedure of Commissions

93. Appointment, etc., of judicial and legal officers

94. Appointment, etc., of public officers

95. Delegation of powers under section 94

96. Appointment, etc., of members of the Police Force

97. Delegation of powers under section 96

98. Appeals to Privy Council in disciplinary matters

99. Appointment of permanent secretaries and certain other public officers

100. Appointment, etc., of principal representatives abroad and subordinate staff

101. Appointment, etc., of Director of Public Prosecutions

102. Appointment, etc., of Auditor General

103. Protection of pension rights

104. Grant and withholding of pensions, etc

105. Removal form office of certain persons

106. Protection of Commissions, etc., from legal proceedings

107. Consolidated Fund

108. Estimates

109. Authorization of expenditure

110. Meeting expenditure from Consolidated Fund

111. Public debt

112. Remuneration of governor General and certain other officers

113. Establishment of office and functions of Auditor General

114. Appointments

115. Resignations

116. Vacation of office on attaining a prescribed age

117. Interpretation

First Schedule

Oaths


Second Schedule

Provisions Relating To Certain Tribunals


Third Schedule

Rules Relating To The Constituencies

Constitution Protective Provisions 2022
The Constitutional Case Against a Federal Abortion Ban The Atlantic
Do California’s Legislative Rules Have Constitutional Protection? California Globe
What's at stake in Supreme Court battle over controversial legal theory about who controls elections ABC News
Defending the Constitution goes beyond learning its individual provisions and history, says former federal judge Church News