The Corporation of Hamilton (Appellant) v Attorney General and another (Respondents) (Bermuda)

Hearing listed

Case summary
Appeal
Change log

Case summary

Case ID

JCPC/2023/0020

Jurisdiction

Bermuda

Parties

Appellant(s)

The Corporation of Hamilton

Respondent(s)

(1) Attorney General, (2) The Govenor of Bermuda

Issue

Whether section 1 of the Constitution of Bermuda is independently and directly enforceable, and if so whether certain legislative measures contravened the Appellant's rights to protection of law and to protection from deprivation of property without compensation. In any event, whether those legislative measures contravened the rule of law and the separation of powers.

Facts

The Appellant, the Corporation of Hamilton, is a body that was established to administer the City of Hamilton, the capital of Bermuda. Certain legislative measures were introduced to convert the Appellant into an unelected "quango". The Appellant brought a claim seeking to challenge these measures, arguing that they were unconstitutional. The Supreme Court of Bermuda rejected the claim. The Appellant appealed and the Court of Appeal of Bermuda dismissed the appeal. The Appellant now appeals to the Judicial Committee of the Privy Council.