| The
Supreme Court of the Judicature |
| 123. |
(1) |
There
shall be for Guyana a Supreme Court of Judicature consisting
of a Court of Appeal and a High Court, with such jurisdiction
and powers as are conferred on those Courts respectively
by this Constitution or any other law. |
Establishment
of Supreme Court of Judicature. |
|
(2) |
Each
of those Courts shall be a superior court of record
and, save as otherwise provided by Parliament, shall
have all the powers of such a court. |
|
(3) |
Parliament
may confer on any court any part of the jurisdiction
of and any powers conferred on the High Court by this
Constitution or any other law. |
| 124. |
|
The
Judges of the Court of Appeal shall be the Chancellor,
who shall be the President of the Court of Appeal, the
Chief Justice and such number of Justices of Appeal
as may be prescribed by Parliament. |
Constitution
of Court of Appeal. |
| 125. |
|
The
Judges of the High Court shall be the Chief Justice
and such number of Puisne Judges as may be prescribed
by Parliament. |
Constitution
of High Court. |
| Judges
of the Supreme Court of Judicature |
| 126. |
|
Except
as otherwise expressly provided or required by the context,
in this Constitution the word "Judge" includes the Chancellor,
the Chief Justice of Appeal and a Puisne Judge. |
Interpretation. |
| 127. |
(1) |
The
Chancellor and the Chief Justice shall be appointed
by the President acting after consultation with the
Minority Leader. |
Appointment
of Chancellor and Chief Justice. |
|
(2) |
If
the office of Chancellor or Chief Justice is vacant
or if the person holding the office of Chancellor is
performing the functions of the office of President
or is for any other reason unable to perform the functions
of his office, or if the person holding the office of
Chief Justice is for any reason unable to perform the
functions of his office, then, until a person has been
appointed to and has assumed the functions of such office
or until the person holding such office has resumed
those functions, as the case may be, those functions
shall be performed by such other of the Judges as may
be appointed by the President. |
| 128. |
(1) |
The
Judges, other than the Chancellor and the Chief Justice,
shall be appointed by the President, acting in accordance
with the advice of the Judicial Service Commission. |
Appointment
of Justices of Appeal and Puisne Judges. |
|
(2) |
If
– |
|
|
(a) |
the
office of any such Judge is vacant; |
|
|
(b) |
any
such Judge is for any reason unable to perform the functions
of his office; |
|
|
(c) |
any
such Judge is acting as Chancellor of Chief Justice
or a Puisne Judge is acting as a Justice of Appeal;
or |
|
|
(d) |
the
Chancellor advises the President that the state of business
of the Court of Appeal or the High Court so requires; |
|
|
the
President, acting in accordance with the advice of the
Judicial Service Commission, may appoint a person to
act in the office of Justice of Appeal or Puisne Judge,
as the case may require: Provided
that a person may be so appointed notwithstanding
that he has attained the age at which that office
is required by article 197
to be vacated by a holder thereof. |
|
(3) |
The
appointment of any person under the preceding paragraph
to act in the office of a Justice of Appeal or Puisne
Judge shall continue to have effect until it is revoked
by the President, acting in accordance with the advice
of the Judicial Service Commission. |
| 129. |
(1) |
A
person shall not be qualified to be appointed to hold
or to act in the office of a Judge unless – |
Qualifications
of Judges. |
|
|
(a) |
he
is or has been a judge of a court having unlimited jurisdiction
and criminal matters in some part of the Commonwealth
or a court having jurisdiction in appeals from any such
court; or |
|
|
(b) |
he
is qualified for admission as an attorney-at-law in
Guyana and has been so qualified for such period as
may be prescribed by Parliament. |
|
(2) |
Parliament
may prescribe different periods under subparagraph (b)
of the preceding paragraph in relation to the offices
of the different Judges mentioned in article 126. |
| 130. |
(1) |
Parliament
may make provision for the exercise of – |
Attendance
of additional Judge in Court of Appeal and High Court. |
|
|
(a) |
the
jurisdiction and powers of a Justice of Appeal by such
Puisne Judge as may be requested by the Chancellor to
sit as an additional Justice of Appeal at sittings of
the Court of Appeal; and |
|
|
(b) |
the
jurisdiction and powers of a Puisne Judge by such Justice
of Appeal as may be requested by the Chancellor to sit
an additional Puisne Judge. |
|
(2) |
Article
132 shall not apply to a Justice of Appeal or a Puisne
Judge in the carrying out by him of any function pursuant
to paragraph (1). |
| 131. |
|
Judges
shall have full security of office as provided for in
article 197. |
Tenure
of offices of Judges. |
| 132. |
|
A
Judge shall not enter upon the duties of his office
unless he has taken and subscribed the oath of office. |
Oaths
of Judges. |
| Appeals |
| 133. |
(1) |
An
appeal to the Court of Appeal shall lie as of right
from decisions of the High Court in the following cases,
that is to say – |
Appeals
on constitutional questions and fundamental rights. |
|
|
(a) |
final
decisions in any civil or criminal proceedings on questions
as to the interpretation of this Constitution; and |
|
|
(b) |
final
decisions given in exercise of the jurisdiction conferred
on the High Court by article 153
(which relates to the enforcement of fundamental rights
and freedoms). |
|
(2) |
Nothing
in paragraph (1) shall apply to the matters for which
provision is made by article 163. |
