Paragraph 4 Duty to give effect to the partnership values

United Kingdom

(1)

In exercising their responsibilities and powers, all organs of government in St Helena have a duty to give effect to the partnership values.

(2)

As the partnership values are statements of political principle, no court shall find that any act or omission of an organ of government was unlawful on account of a failure to give effect to the partnership values.

(3)

Subject to subsection (2), the Supreme Court may enquire, but only on an application for judicial review, whether or not any organ of government (other than the Governor) has acted rationally and with procedural propriety in relation to giving effect to a partnership value.

(4)

No court shall enquire whether or not the Governor is justified in—

(a)

deciding not to act in accordance with the advice of the Executive Council under section 43(5); or

(b)

reserving a Bill for the signification of Her Majesty’s pleasure under section 74(3)(a),

in order to ensure consistency with a partnership value.

Notes on Schedule

Modifications

C1: Sch. modified (22.8.2020) by The Overseas Territories (Constitutional Modifications) Order 2020 (S.I. 2020/780), arts. 1(2), 3(2)

Commencement

I1: Sch. in force at 1.9.2009, see art. 1(3)