Exceptions for Existing Law |
Exceptions for Existing Law- Constitution of Trinidad and Tobago |
Exceptions for Existing Law
PART 2
EXCEPTIONS FOR EXISTING LAW
SAVINGS FOR EXISTING LAW
6.- 1. Nothing in sections 4 and 5 shall invalidate-
a. an existing law;
b. an enactment that repeals and re-enacts an existing law without alteration; or
c. an enactement that alters an existing law but does not derogate from any fundamental right guaranteed by this Chapter in a manner in which or to an extent to which the existing law did not previously derogate from that right.
2. Where an enactment repeals and re-enacts with modifications an existing law and is held to derogate from any fundamental right guaranteed by this Chapter in a manner in which or to an extent to which the existing law did not previously derogate from that right then, subject to sections 13 and 54 , the provisions of the existing law shall be substituted for such of the provisions of the enactment as are held to derogate from the fundamental right in a manner in which or to an extent to which the existing law did not previously derogate from that right.
3. In this section-
"alters" in relation to an existing law, includes repealing that law and re-enacting it with modifications or making different provisions in place of it or modifying it;
"existing law" means a law that had effect as part of the law of Trinidad and Tobago immediately before the commencement of this Constitutions, and includes any enactment referred to in subsection (1);
"right" includes freedom.
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