Constitution St-Kitts-Nevis - ICRC

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1983 Saint Kitts and Nevis Constitution Page 64 of 106 Provided that any law enacted for the purposes of paragraph (d) shall include provisions under which the person concerned shall have a right of appeal to a court of law of competent jurisdiction or other independent authority and shall be permitted to appear before the court or authority in person or, at his own expense, to be represented by a legal practitioner of his own choice. Interpretation. 95.- (1) For the purpose of this Chapter, a person born aboard a registered ship or aircraft, or aboard an unregistered ship or aircraft of the Government of any country, shall be deemed to have been born in the place in which the ship or aircraft was registered or, as the case may be, in that country. (2) Any reference in this Chapter to the national status of the parent of a person at the time of that person's birth shall, in relation to a person born after his father's death, be construed as a reference to the national status of the father at the time of the father's death; and where that death occurred before 19th September 1983 and the birth occurred on or after that date shall be deemed to be his national status at the time of this death. (3) References in this Chapter to registration or naturalization are references to registration as a citizen under section 92 or naturalization as a citizen under any law made in pursuance of section 94 and include references toa) Registration or naturalization as a British citizen or a British Dependent territories citizen under the British Nationality Act 1981 (a); b) registration or naturalization as a citizen of the United Kingdom and Colonies under the British Nationality Act 1948 (b); and c) naturalization as a British subject before that Act came into force. (4) references in this Chapter to renunciation of citizenship in relation to period before 19th September 1983 are reference to renunciation of British citizenship, citizenship of the British Dependent Territories, citizenship of the United Kingdom and Colonies or, as the Case may be, the status of a British subject before the British Nationality Act 1948 came into force. (5) For the purposes of this Chaptera) a person shall be regarded as having been registered or naturalized in Saint Christopher and Nevis or, as the case may be, in Anguilla if he was registered or naturalized while resident in Saint Christopher and Nevis or, as the case may be, while resident in Anguilla; b) a person who was adopted by a person who at the time of the adoption was resident in Saint Christopher and Nevis or, as the case may be, in Anguilla shall be regarded as having been adopted in Saint Christopher and Nevis or, as the case may be, in Anguilla; and c) a newborn infant found abandoned in Saint Christopher and Nevis or, as the case may be, in Anguilla shall, unless the contrary is shown, be regarded as having been born in Saint Christopher and Nevis or, as the case may be, in Anguilla. CHAPTER IX JUDICIAL PROVISIONS Original jurisdiction of High Court in constitutional question. http://www.georgetown.edu/pdba/Constitutions/Kitts/kitts83.html 27.09.2005
1983 Saint Kitts and Nevis Constitution Page 65 of 106 96.- (1) Subject to sections 23(3), 37(10)(b), 50(7) and 116(2), any person who alleges that any provision of this Constitution (other than a provision of Chapter II) 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 II) 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 persons such remedy as it considers appropriate, being a remedy available generally under any law 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 rights 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 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 36. Reference of constitutional question to High Court. 97.- (1) Where any question as to the interpretation of this Constitution arises in any court of law established for Saint Christopher and Nevis (other than the Court of Appeal, the High Court or a court-martial) and the court is of the opinion that the question involves a substantial question of law, the court may, and shall if any party to the proceedings so requests, 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 any appeal to the Court of Appeal or to Her Majesty in Council, in accordance with the decision of the Court of Appeal or, as the case may be, of Her Majesty in Council. Appeals to Court of Appeal. 98.- Subject to section 36, an appeal shall lie from decisions of the High Court to the Court of Appeal as of right in the following casesa) final decisions in any civil or criminal proceedings that involve a question as to the interpretation of this Constitution; b) final decision given in exercise of the jurisdiction conferred on the High Court by section 18 (which relates to the enforcement of the fundamental rights and freedoms); http://www.georgetown.edu/pdba/Constitutions/Kitts/kitts83.html 27.09.2005
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Constitution St-Kitts-Nevis - ICRC

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