View source for User:CROIX/Judiciary of Antigua and Barbuda

The '''Judiciary of Antigua and Barbuda''' is an independent branch of the Antiguan and Barbudan government, subject to the Constitution of Antigua and Barbuda. 

== Structure ==
The 19 High Court judges live in the nine member nations and sit in their respective country's court of summary jurisdiction. The chief justice and the four justices of appeal are situated at the court's headquarters. Magistrate courts hear less serious cases. The Court of Appeals travels around. Constitutional matters, as well as fundamental rights and liberties, fall under the High Court's purview.<ref>{{Cite web |title=Countries |url=https://www.commonwealthgovernance.org/countries/ |access-date=2023-09-10 |website=Commonwealth Governance |language=en-US}}</ref>

The levels of the courts are as follows:

* The magistrates' courts
* The [[Eastern Caribbean Supreme Court|Supreme Court]]
** [[Eastern Caribbean Supreme Court#High Court Judges|High Court]]
** [[Eastern Caribbean Supreme Court#Current composition|Court of Appeal]]
*** [[Judicial Committee of the Privy Council]]
Chapter IX of the constitution of Antigua and Barbuda regulates the judicial provisions. Any person who asserts that any provision of the Constitution (other than a provision of Chapter II) has been or is being violated may, if they have a relevant interest, apply to the High Court for a declaration and for relief under section 119, subject to the provisions of sections 25(2), 47(8)(b), 56(4), 65(5), 124(7)(b), and 124 of the Constitution.<ref name=":0">{{Cite web |title=Antigua and Barbuda: Constitution, 1981 |url=https://pdba.georgetown.edu/Constitutions/Antigua/antigua-barbuda.html#titIcapIX |access-date=2023-09-10 |website=pdba.georgetown.edu}}</ref> On a request submitted pursuant to the section, the High Court shall have jurisdiction to ascertain whether any provision of the Constitution (other than a provision of Chapter II) has been or is being violated and to issue a declaration in that regard.<ref name=":0" /> When the High Court declares that a constitutional provision has been violated or is being violated under the section and the person on whose application the declaration was made has also asked for relief, the High Court may grant that person whatever remedy it deems appropriate, provided that remedy is one that is generally available under any law in proceedings in the High Court.<ref name=":0" /> Regarding the practice and procedure of the High Court in relation to the jurisdiction and powers granted to the court by or under the section, the Chief Justice may make provisions or authorise the making of provisions, including provisions regarding the time within which any application under the section may be made.<ref name=":0" /> Only if the claimed violation of the Constitution has the potential to negatively impact the applicant's interests will that person be considered to have a relevant interest for the purposes of an application under the section.<ref name=":0" /> The ability to apply for a declaration and relief in relation to an alleged violation of the Constitution is granted to a person by the section, in addition to any other actions that person may be allowed to take regarding the same matter under any other statute or rule of law.<ref name=":0" /> Nothing in the section grants the High Court the authority to hear or decide any of the questions mentioned in the Constitution's Section 44.<ref name=":0" />

When a constitutional interpretation issue arises in a court of law in Antigua and Barbuda (other than the Court of Appeal, the High Court, or a court-martial), and the court determines that the issue involves a significant legal issue, the court may, and will, refer the issue to the High Court if a party to the proceedings requests it.<ref name=":0" /> In the event that a matter is referred to the High Court pursuant to section 120, the High Court shall render a decision on the matter, and the court where the matter originally arose shall decide the case in accordance with that decision or, in the event that the decision is the subject of an appeal to the Court of Appeal or Privy Council, in accordance with the decision of the Court of Appeal or, as applicable, the Privy Council.<ref name=":0" /> 

==References==

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