← belizelaw.ai · Belize Constitution, Cap. 4 · PART VII — The Judiciary

Reference of constitutional questions to Supreme Court

Cap. 4, s. 96 · Revised Edition 2020

(1) Subject to the provisions of section 33(2), 34(4), 54(18), 69(6), 80(4) and 123(3) of this Constitution, where any question as to the interpretation of this Constitution or the interpretation or application of the Treaty (as defined in section 131 of this Constitution) arises in any court of law established for Belize (other than the Supreme Court or the Court of Appeal), and the court is of the opinion that the question involves a substantial question of law, the court shall refer the question to the Supreme Court. (2) Where any question is referred to the Supreme Court in pursuance of this section, the Supreme Court shall, subject to subsection (3) below, 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 111 (3) Where the Supreme Court or the Court of Appeal is seised of an issue the resolution of which involves a question concerning the interpretation or application of the Treaty, the Supreme Court or the Court of Appeal, as the case may be, shall, if it considers that a decision on the question is necessary to enable it to deliver judgment, refer the question to the Caribbean Court of Justice for determination before delivering judgment.
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Reference of constitutional questions to Supreme Court — Cap. 4 s. 96 · Belize Law