CONFIDENTIAL
165361
MDHOAN 9649
ORDINANCE AND THE COURTS SHALL GIVE EFFECT TO ANY EXISTING LAW ACCORDINGLY UNQUOTE. (THIS IS A REDRAFT OF SECTION 21 OF THE BELIZE CONSTITUTION SEE SI 1981/1107).
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JURISDICTION OF COURTS
10. CONNECTED TO THE GRANT OF REMEDIES IS THE QUESTION OF WHICH COURTS SHALL HAVE JURISDICTION IN RELATION TO PROCEEDINGS THAT ASSERT A CONTRAVENTION OF THE BILL OF RIGHTS. SOME OF THE RIGHTS (EG. THOSE REFERRED TO IN ARTICLES 5, 6 AND 11) MAY RAISE QUESTIONS IN THE MOST SUBORDINATE OF COURTS AND THE RIGHTS ARE SUCH THAT IT WOULD BE UNJUST AND INCONVENIENT WERE THOSE COURTS NOT TO HAVE JURISDICTION. ON THE OTHER HAND, QUESTIONS MAY ARISE, EG AS TO THE PERMITTED RESTRICTIONS ON FREEDOM OF THOUGHT OR EXPRESSION OR ASSOCIATION WHERE IT IS NECESSARY TO BALANCE A PARTICULAR RIGHT AS AGAINST OTHER LEGITIMATE INTERESTS RECOGNISED BY THE COVENANT. IN SUCH CASES, PARTICULARLY WHERE THERE MAY WELL BE AN ISSUE AS TO THE CONSISTENCY OF SOME OTHER LAW WITH THE BILL OF RIGHTS, IT MUST BE DOUBTED WHETHER IT IS APPROPRIATE TO CONFER JURISDICTION ON THE MAGISTRATE'S COURT, OR EVEN THE DISTRICT COURT.
11.
IT WOULD THEREFORE BE WORTH CONSIDERING SPECIAL PROVISION FOR THE TRANSFER OF PROCEEDINGS ALLEGING A VIOLATION OF CERTAIN PROVISIONS OF THE BILL OF RIGHTS OR CERTAIN ISSUES (SUCH AS A CONFLICT BETWEEN THE BILL AND SOME OTHER LAW) TO THE HIGH COURT. A VARIATION ON THIS WOULD BE TO REQUIRE A LOWER COURT TO REFER UPWARDS ANY SUCH ALLEGATION UNLESS IT WAS SATISFIED THAT THE RAISING OF THE ISSUE WAS FRIVOLOUS OR VEXATIOUS. THE HIGH COURT SHOULD, IN ANY EVENT, ALWAYS HAVE ORIGINAL JURISDICTION IN BILL OF RIGHTS CASES AND CONSIDERATION SHOULD BE GIVEN TO ALLOWING BILL OF RIGHTS POINTS TO BE TAKEN ON APPEAL EVEN IF NOT TAKEN AT
FIRST INSTANCE.
12. ONCE YOU HAVE DECIDED WHETHER AND HOW TO AMEND THE DRAFT BILL, WE AGREE WITH UKREP JLG THAT WE SHOULD CONSIDER CAREFULLY THE QUESTION OF BRIEFING THE CHINESE.
HURD
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