23. Authority of courts to uphold and enforce the Bill of Rights
Official Constitutional Text
23. (1) The High Court has jurisdiction, in accordance with Article 165, to hear and determine applications for redress of a denial, violation or infringement of, or threat to, a right or fundamental freedom in the Bill of Rights.
(2) Parliament shall enact legislation to give original jurisdiction in appropriate cases to subordinate courts to hear and determine applications for redress of a denial, violation or infringement of, or threat to, a right or fundamental freedom in the Bill of Rights.
(3) In any proceedings brought under Article 22, a court may grant appropriate relief, including—
(a) a declaration of rights;
(b) an injunction;
(c) a conservatory order;
(d) a declaration of invalidity of any law that denies, violates, infringes, or threatens a right or fundamental freedom in the Bill of Rights and is not justified under Article 24;
(e) an order for compensation; and
(f) an order of judicial review.
Plain English Explanation
This is a simplified summary prepared by legal scholars to explain this article in clear language. It is not the legal text of the Constitution.
This article gives courts the power to protect and enforce the Bill of Rights.
Key points:
- The High Court has the main authority to hear human rights cases.
- Parliament must allow lower courts (Magistrates’ Courts, etc.) to also handle some human rights cases.
- Courts can grant various remedies including declarations, injunctions, compensation, and even declare a law unconstitutional if it violates the Bill of Rights.
Related Information
- Relevant to: Bill of Rights