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St
Alban’s (Grand Cayman) & St Mary’s (Cayman Brac) |
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CONSTITUTIONAL
COMMENTARY By
Rev Nicholas Sykes Concluding the series of comparisons between sections of our proposed Cayman Islands Bill and the corresponding Articles of the Convention.
COMPARING
THE CAYMAN ISLANDS DRAFT BILL OF RIGHTS, FREEDOMS AND
RESPONSIBILITIES WITH THE EUROPEAN CONVENTION ON HUMAN RIGHTS.
(14) The remaining
sections of CI BRFR do not correspond with any of the main ECHR
Articles but are sometimes reflected by Protocols.
Comment
on Section
27 Remedies
CI
BRFR Section 27 provides for the court to make a grant of relief or
remedy or to grant a just and appropriate order in relation to
“any decision or act of a public official which the court finds is
(or would be) unlawful”. Remedies CI
BRFR Section 27.-(1) In
relation to any decision or act of a public official which the court
finds is (or would be) unlawful, it may grant such relief or remedy,
or make such order, within its powers as it considers just and
appropriate. (2)
No award of damages is to be made unless, taking account of all the
circumstances of the case, including— (a)
any other relief or remedy granted, or order made, in relation to
the act in question (by that or any other court); and (b)
the consequences of any decision (of that or any other court) in
respect of that act, the court is satisfied that the award is necessary to afford just satisfaction to the person in whose favour it is made. *** Comment
on
Section
28 Interpretation of
the Bill of Rights CI
BRFR Section 28 defines various key terms used in the Bill. Interpretation
of the Bill of Rights CI
BRFR Section 28. In this Part -
“act” includes a failure to act but excludes a failure to introduce before the Legislative Assembly, or for the Legislature to enact, primary legislation; “Caymanian”
has the meaning ascribed to it in the laws of the Cayman Islands for
the time
being
in force; “contravene”
in relation to any requirement includes failure to comply with that
requirement, and cognate expressions shall be construed accordingly; “court”
includes tribunal; “disciplined
force” means- (a)
a naval, military or air force; (b)
any police force or prison service in the Cayman Islands; “member”
of a disciplined force is a person who, under the law regulating the
discipline of that force, is subject to that discipline; “minor”
means a person who has not attained the age of eighteen years or such
other age as may be prescribed for this purpose by any law; “primary
legislation” means a Law enacted by the Legislature; “public
official” – (a)
includes a public or governmental body, including any statutory body
or company or association in which the Cayman Islands has an interest
and which performs a public function or duty; (b)
includes any organisation or person carrying out a public function or
duty, including the Governor, except where the nature of their act is
private; (c)
unless otherwise stated, excludes private schools (whether or not in
receipt of government funding, subsidy or other assistance), churches,
the Legislature and the courts.
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