| 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.
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