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COMMENTARY IN THE CONSULTATION DOCUMENT).
AND WE ASSUME THAT A PUBLIC WITHDRAWAL FROM THIS POSITION COULD UNDERMINE THE WHOLE CASE FOR A BILL OF RIGHTS PARTICULARLY IN CHINESE EYES). MOREOVER OTHER COMMON LAW JURISDICTIONS DO HAVE BILLS OF RIGHTS WHERE THE RIGHT OF RECOURSE FOR VIOLATIONS IS NOT/NOT CONFINED TO RECOURSE AGAINST PUBLIC AUTHORITIES (ALL DTS AND A NUMBER OF NEW COMMONWEALTH COUNTRIES WHICH HAVE ADOPTED BILLS OF RIGHTS) AND A SIMILAR EFFECT IS ACHIEVED IN CIVIL LAW JURISDICTIONS WHERE INTERNATIONAL INSTRUMENTS ARE SELF EXECUTING.
7.
IF YOU WISH TO RETAIN THIRD PARTY RIGHTS YOU CAN ACHIEVE THIS WITHOUT ESTABLISHING A NEW TORT, WHICH SOME MAY FEAR COULD LEAD TO AN AMERICAN-STYLE LITIGATION BOOM. A SOLUTION WHICH YOU MIGHT LIKE TO CONSIDER WOULD BE THAT CONTAINED IN SECTION 15 (1) AND (2) OF THE BERMUDA CONSTITUTION, AS FOLLOWS:
QUOTE IF ANY PERSON ALLEGES THAT ANY OF THE FOREGOING PROVISIONS OF THIS CHAPTER HAS BEEN, IS BEING OR IS LIKELY TO BE CONTRAVENED IN RELATION TO HIM, 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.
THE SUPREME COURT SHALL HAVE ORIGINAL JURISDICTION
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(A) TO HEAR AND DETERMINE ANY APPLICATION MADE BY ANY PERSON IN PURSUANCE OF SUBSECTION (1) OF THIS SECTION: AND
(B) TO DETERMINE ANY QUESTION ARISING IN CASE OF ANY PERSON WHICH IS REFERRED TO IT IN PURSUANCE OF SUBSECTION (3) OF THIS SECTION, 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 CHAPTER TO THE PROTECTION OF WHICH THE PERSON CONCERNED IS ENTITLED:
PROVIDED THAT 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 UNQUOTE.
THE ADVANTAGE OF THIS WOULD BE TO CREATE THE POSSIBILITY OF TAKING ACTION UNDER THE BILL BUT MAKE IT WORTH DOING ONLY IF EXISTING MEANS OF REDRESS (IE TORTIOUS ACTIONS) WERE INADEQUATE. IT IS A WELL TRODDEN PATH: (IT APPEARS IN ALL THE DTS' AND A
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