Dominica 1978 Constitution (reviewed 2014)

Chapter VIII. Judicial Provisions

103. Original jurisdiction of High Court in constitutional questions

1. Subject to the provisions of sections 22(5), 38(6), 42(8), 57(7), 115(8), 118(3) and 121(10) of this Constitution, any person who alleges that any provision of this Constitution (other than a provision of Chapter I thereof) has been or is being contravened may, if he has a relevant interest, apply to the High Court for a declaration and for relief under this section.
2. The High Court shall have jurisdiction on an application made under this section to determine whether any provision of this Constitution (other than a provision of Chapter I thereof) has been or is being contravened and to make a declaration accordingly.
3. Where the High Court makes a declaration under this section that a provision of this Constitution has been or is being contravened and the person on whose application the declaration is made has also applied for relief, the High Court may grant to that person such remedy as its considers appropriate, being a remedy available generally under the law of Dominica in proceedings in the High Court.
4. The Chief Justice may make rules with respect to the practice and procedure of the High Court in relation to the jurisdiction and powers conferred on the Court by or under this section, including provision with respect to the time within which any application under this section may be made.
5. A person shall be regarded as having a relevant interest for the purpose of an application under this section only if the contravention of this Constitution alleged by him is such as to affect his interests.
6. The right conferred on a person by this section to apply for a declaration and relief in respect of an alleged contravention of this Constitution shall be in addition to any other action in respect of the same matter that may be available to that person under any other enactment or any rule of law.
7. Nothing in this section shall confer jurisdiction on the High Court to hear or determine any such question as is referred to in section 40 of this Constitution.

104. Reference of constitutional questions to High Court

1. Where any question as to the interpretation of this Constitution arises in any court of law established for Dominica (other than the Court of Appeal, the High Court or a court-martial) and the court is of opinion that the question involves a substantial question of law, the court shall refer the question to the High Court.
2. Where any question is referred to the High Court in pursuance of this section, the High Court shall give its decision upon the question and the court in which the question arose shall dispose of the case in accordance with that decision or, if the decision is the subject of an appeal to the Court of Appeal or the Caribbean Court of Justice, in accordance with the decision of the Court of Appeal or, as the case may be, the Caribbean Court of Justice.

105. Appeals to Court of Appeal

1. Subject to the provisions of section 40(7) of this Constitution, an appeal shall lie from decisions of the High Court to the Court of Appeal as of right in the following cases:
   1. final decisions in any civil or criminal proceedings on questions as to the interpretation of this Constitution;
   2. final decisions given in exercise of the jurisdiction conferred on the High Court by section 16 of this Constitution (which relates to the enforcement of the fundamental rights and freedoms).
2. An Appeal shall lie from final decisions of the Public Service Board of Appeal to the Court of Appeal.
3. The Chief Justice may make rules with respect to the practice and procedure of the Court of Appeal in relation to appeals from the Public Service Board of Appeal to the Court of Appeal.

106. Appeals to the Caribbean Court of Justice

1. An appeal shall lie as of right from decisions of the Court of Appeal to the Caribbean Court of Justice in the following cases
   1. final decisions in civil proceedings where-
      1. the matter in dispute on appeal to the Caribbean Court of Justice is of the prescribed value or upwards; or
      2. the appeal involves directly or indirectly a claim to or a question respecting property or a right of the prescribed value or upwards;
   2. final decisions in proceedings for dissolution or nullity of marriage;
   3. final decisions in any civil or criminal proceedings which involve a question as to the interpretation of this Constitution;
   4. final decisions given in the exercise of the jurisdiction conferred upon the High Court relating to redress for contravention of the provisions of this Constitution for the protection of fundamental rights;
   5. final decisions given in the exercise of the jurisdiction conferred on the High Court relating to determination of any question for which a right of access to the High Court is expressly provided by this Constitution, and Repeal and replacement of section 106 of the Constitution.
   6. such other cases as may be prescribed by Parliament.
2. An appeal shall lie from decisions of the Court of Appeal to the Caribbean Court of Justice with the leave of the Court of Appeal
   1. in respect of decisions in any civil proceedings where in the opinion of the Court of Appeal, the question involved in the appeal is one that by reason of its great general or public importance or otherwise, ought to be submitted to the Caribbean Court of Justice; and
   2. such other cases as may be prescribed by Parliament.
3. An appeal shall lie to the Caribbean Court of Justice with the special leave of the Caribbean Court of Justice from any decision of the Court of Appeal from any civil or criminal matter.
4. References in this section to decisions of the Court of Appeal shall be construed as references to decisions of the Court of Appeal in exercise of the jurisdiction conferred by this Constitution or any other law for the time being in force in Dominca:Provided that such references do not include references to decisions in exercise of the jurisdiction conferred by section 105(2) of the Constitution.
5. In this section the “prescribed value” means the value of twenty-five thousand dollars or such other value as may be prescribed by Parliament.
6. This section shall be subject to the provisions of sections 22(4) and 40(7) of this Constitution.

106A. Abolition of appeals to the Judicial Committee

No appeal shall be or shall be brought from or in respect of any decision of the Court of Appeal to the the Judicial Committee –

1. as of right;
2. by leave of any court;
3. by special leave of the Judicial Committee or otherwise.

107. Interpretation

In this Chapter references to the contravention of any provision of, or the interpretation of, this Constitution shall be construed as including references to the contravention of any provision of, or the interpretation of, the Supreme Court Order.