constituteproject.org • Constitutional interpretation • Structure of the courts • Constitutionality of legislation PDF generated: 19 Feb 2021, 13:13 130. 1. A person who alleges that any provisions of this Constitution, other than a provision of Chapter III, has been contravened and that the person's interest is being or is likely to be affected by the contravention may, subject to this article, apply to the Constitutional Court for redress. 2. The Constitutional Court may decline to entertain an application under clause (1) where the Court is satisfied that the applicant has obtained redress for the contravention under any law and where the applicant has obtained redress in the Constitutional Court for any matter for which an application may be made under clause (1), a court shall not entertain any application for redress for such matter except on appeal from a decision of such court. 3. Where the Constitutional Court on an application under clause (1) is satisfied that adequate means of redress for the contravention alleged are or have been available to the person concerned in any other court under any other law, the Court may hear the application or transfer the application to the appropriate court for grant of redress in accordance with law. 4. Upon hearing an application under clause (1), the Constitutional Court may- • Constitutionality of legislation a. declare any act or omission which is the subject of the application to be a contravention of this Constitution; b. declare any law or the provision of any law which contravenes this Constitution to be void; c. 5. 6. 7. 8. 9. Seychelles 1993 (rev. 2011) grant any remedy available to the Supreme Court against any person or authority which is the subject of the application or which is a party to any proceedings before the Constitutional Court, as the Court considers appropriate. Where the Constitutional Court makes a declaration under clause 4 (b) the Court shall, subject to any decision in appeal therefrom, send a copy of the declaration to the President and the Speaker, Where in the course of any proceedings in any court, other than the Court of Appeal or the supreme court sittings as the Constitutional Court, or tribunal, a question arises with regard to whether there has been or is likely to be a contravention of this Constitution, other than Chapter III, the court or tribunal shall, if it is satisfied that the question is not frivolous or vexatious or has not already been the subject of a decision of the Constitutional Court or the Court of Appeal, immediately adjourn the proceedings and refer the question for determination by the Constitutional Court. Where in an application under clause (1) or where a matter is referred to the Constitutional Court under clause (6),the person alleging the contravention or risk of contravention establishes a prima facie case, the burden of proving that there has not been a contravention or risk of contravention shall, where the allegation is against the State, be on the State. The Court in which the question referred to in clause (6) arose shall dispose of the case in accordance with the decision of the Constitutional Court, or if that decision is the subject of an appeal, in accordance with the decision of the Court of Appeal. Nothing in this article confers jurisdiction on the Constitutional Court to hear or determine a matter referred to it under article 51(3) or article 82 (1) otherwise than upon an application made in accordance with article 51 or article 82. Page 55