In its supervisory jurisdiction and civil jurisdiction, the high court can grant remedies that ensure the enjoyment of fundamental rights by individuals.
Identify five remedies that may be granted by the high court to enforce the enjoyment of fundamental rights and freedoms of citizens.
Remedies that may be granted by the High Court to enforce the enjoyment of fundamental rights and freedoms of individual’s
The High court has exclusive powers under the constitution to grant special orders for the enforcement of fundamental rights and freedoms of individuals These writs or remedies that may be granted by High court
i) Habeas Corpus:
Means “produce the body”. It is an order of the High Court directed at a person or authority detaining another person ordering the detained in the court and show cause why the detained should not be released forthwith. This writ is meant to ensure speedy trial of a detained person and also to stop unlawful detention.
This writ is issued to subordinate courts and anybody exercising quasi-judicial authority.
The grounds for the issue of this writ are:-
- Use of excess jurisdiction
- Lack of jurisdiction
- Correction of errors apparent on face of records
- Biased decisions
- Improper exercise of discretion
- Breach of rules of natural justice.
Literally means “we command”. It is an order directed to a subordinate -court or anybody exercising quasi-judicial powers, commanding it to do a particular thing. It is issued in cases where the subordinate courts or the body has failed to discharge its legal duties or has discharged these duties improperly.
This writ is directed to the subordinate courts or anybody exercising quasi-judicial authority prohibiting it from doing a particular act. The conditions for issue are similar to those of certiorari. But this writ is not proper in cases where the subordinate court of the body exercising quasi-judicial powers has finally given it judgement.
vi) The order of declaration:
This order is issued to declare the legal position without substituting the appropriate remedy.
This order is common in cases where there is a dispute as to the ownership of property or any other right.