PART 1

THE SUPREME COURT

ESTABLISHMENT OF SUPREME COURT

99.- There shall be a Supreme Court of Judicature for Trinidad and Tobago consisting of a High Court of Justice (hereinafter referred to as "the High Court") and a Court of Appeal with such jurisdiction and powers as are conferred on those Courts respectively by this Constitution or any other law.

CONSTITUTION OF HIGH COURT

100.- 1. The judges of the High Court shall be the Chief Justice who shall be ex officio a Judge of that Court, and such number of Puisne Judges as may be prescribed.

2. The High Court shall be a superior court of record and save as otherwise provided by Parliament, shall have all the powers of such a court, including all such powers as are vested in the Supreme Court of Trinidad and Tobago immediately before the commencement of this Constitution.

THE COURT OF APPEAL

CONSTITUTION OF COURT OF APPEAL

101.- 1. The Judges of the Court of Appeal shall be the Chief Justice who shall be the President of the Court of Appeal and such number of Justices of Appeal as may be prescribed.

2. The Court of Appeal shall be a superior court of record and, save as otherwise provided by Parliament, shall have all the powers of such a court.

APPOINTMENT OF CHIEF JUSTICE

102.- The Chief Justice shall be appointed by the President after consultation with the Prime Minister and the Leader of the Opposition.

ACTING APPOINTMENTS AS CHIEF JUSTICE

103.- Where the office of Chief Justice is vacant or where the Chief Justice is for any reason unable to perform the functions of his office, the, until a personhas been appointed to and has assumed the functions of such office or until the Chief Justice has resumed those functions, as the case may be, those functions shall be performed by such other of the Judges as may be appointed by the President, after consultation with the Prime Minister and the Leader of the Opposition.

APPOINTMENT OF JUDGES

APPOINTMENT OF JUSTICES OF APPEAL AND PUISNE JUDGES

104.- 1. The Judges, other than the Chief Justice, shall be appointed by the President, acting in accordance with the advice of the Judicial and Legal Service Commission.

2. Where-

a. the office of any such Judge is vacant;

b. any such Judge is for any reason unable to perform the functions of his office;

c. any such Judge is acting as Chief Justice or a Puisne Judge is acting as a Justice of Appeal; or

d. the Chief Justice advises the President that the state of business of the Court of Appeal or the High Court so requires,

the President, acting in accordance with the advice of the Judicial and Legal Service Commission, may appoint a person to act in the office of Justice of Appeal or Puisne Judge, as the case may require.

3. The appointment of any person under subsection (2) to act in the office of Justice of Appeal or Puisne Judge shall continue to have effect until it is revoked by the President, acting in accordance with the advice of the Judicial and Legal Service commission.

QUALIFICATION OF JUDGES

105.- A person shall not be appointed as a Judge or to act as a Judge unless he has such qualifications for appointment as may be prescribed.

TENURE OF OFFICE

106.- 1. Subject to section 104(3) a Judge shall hold office in accordance with section 136 and 137.

2. No office of Judge shall be abolished while there is a substantive holder of that office.

Tenure of office

OATHS TO BE TAKEN BY JUDGES

107.- A Judge shall not enter upon the duties of his office unless he has taken and subscribed the oath of allegiance and the oath for the due execution of his office set out in the First Schedule.

First Schedule

APPEALS ON CONSTITUTIONAL QUESTION AND FUNDAMENTAL RIGHTS, ETC.

108.- An appeal to the Court of Appeal shall be as of right from decisions of the High Court in the following, among other cases, that is to say-

a. any order or decision in any civil or criminal proceedings on questions as to the interpretation of this Constitution;

b. any order or decision given in exercise of the jurisdiction conferred on the High Court by section 14 (which relates to redress for contrevention of the provisions for th eprotection of fundamental rights);

c. any order or decision given in the determination of any of the questions for the determination of which a right of access to the High Court is guaranteed by sections 4(a) and 5(1);

d. any order or decision of the High Court granting or refusing leave to institute proceedings for the determination of any question referred to it under section 52 or determining any such question (which relates to the appointment, qualification, election or membership of a Senator or a member of the House Representatives, as the case may be);

e. any order or decision of a Corut in the exercise of its jurisdiction to punish for contempt of court, including criminal contempt.