the draft constitution of the commonwealth of grenada

(4) The provisions of subsection (3) of this section shall
be without prejudice to the provisions of this Constitution relating
to the fundamental rights and freedoms of the citizens of Grenada.
PART III
APPEALS
Referral of
constitutional
questions from
Magistrates’ Courts
Appeal from High
Court to the Court
of Appeal
Appeal from Court of
Appeal to Caribbean
Court of Justice
93. (i) Where any question as to the interpretation
of this Constitution arises in a Magistrate’s
Court or in any other court of law
established for Grenada, but of lesser
jurisdiction than that of the High Court or
Court of Appeal, and the Magistrate’s Court
or that other court is of the opinion that the
question involves a substantial question of
law, the Magistrate’s Court or that other
court shall refer the question to the High
Court.
(ii) 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 Magistrate’s Court or that
other court in which the question arose shall
dispose of the case in accordance with that
decision or, if the decision is the subject of
appeal to the Court of Appeal or to 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.
94. (i) Subject to any provisions of this
Constitution to the contrary, an appeal shall
lie from decisions of the High Court to the
Court of Appeal as of right in the following
cases –
(a) final decisions in any civil or
criminal proceedings on questions as
to the interpretation of this
Constitution;
(b) final decisions given in exercise of
the jurisdiction conferred on the High
Court by that section of this
Constitution which relates to the
enforcement of the fundamental
rights and freedoms.
95. Subject to the relevant provisions of this
Constitution regarding the appellate jurisdiction of the Caribbean
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