Constitutional Law-The Jamaica (Constitution) Order in Council, 1962, section 48 and 49-Charter of Fundamental Rights and Freedoms (Constitutional Amendment) Act, 2011, sections 17(1) and 20-Whether section 26(2) of the Disaster Risk Management Act breaches the Claimant's right to freedom of religion guaranteed by section 17(1) of the Charter-Whether breach of the right to freedom of religion by section 17(1) of the Charter is demonstrably justified in a free and democratic society-Whether Regulations under section 26(2) of the Disaster Risk Management Act must comply with section 20 of the Constitution in relation to state of public emergency-Whether section 26(2) of the Disaster Risk Management Act to restrict right to freedom of religion guaranteed by section 17(1) of the Charter is a constitutional amendment in accordance with section 49 of the Constitution-Whether section 26(2) of the Disaster Risk Management Act breaches the separation of powers doctrine-Whether to award damages for breach of constitutional right to freedom of religion-Disaster Risk Management Act, section 26(1) and (2)
Court:
Supreme Court
Catchwords:
Year:
2024
Suit/Claim number:
SU2021CV01983
Neutral Citation:
[2024] JMFC Full 05
Judge(s):
Shelly-Williams Snr. P J, Wolfe-Reece J, Carr j