(1) Subject to sections 23(3), 37(10)(b), 50(7) and 116(2), any
person who alleges that any provision of this Constitution (other than a
provision of Chapter II) has been or is being contravened may, if he has a
relevant interest, apply to the High Court for a declaration and for relief
under this section.
(2) The High Court shall have jurisdiction on an application made under this
section to determine whether any provision of this Constitution (other than a
provision of Chapter II) has been or is being contravened and to make a
declaration accordingly.
(3) Where the High Court makes a declaration under this section that a
provision of this Constitution has been or is being contravened and the person
on whose application the declaration is made has also applied for relief, the
High Court may grant to that persons such remedy as it considers appropriate,
being a remedy available generally under any law in proceedings in the High
Court.
(4) The Chief Justice may make rules with respect to the practice and
procedure of the High Court in relation to the jurisdiction and powers conferred
on the court by or under this section, including provision with respect to the
time within which any application under this section may be made.
(5) A person shall be regarded as having a relevant interest for the purpose
of an application under this section only if the contravention of this
Constitution alleged by him is such as to affect his interests.
(6) The rights conferred on a person by this section to apply for a
declaration and relief in respect of an alleged contravention of this
Constitution shall be in addition to any other action in respect of the same
matter that may be available to that person under any law.
(7) Nothing in this section shall confer jurisdiction on the High Court to
hear or determine any such question as is referred to in section 36.