Grands colloques - Les Cours constitutionnelles, garantie de la qualité démocratique des sociétés ? - 61

LES COURS CONSTITUTIONNELLES

made by an ordinary law, this law must abide with the specific provisions
of the Constitution. In any event, where the Constitution provides that any
right or liberty is to be subjected to any limitations or restrictions, these
shall be interpreted strictly and effected only in the way and for the purpose
they have been prescribed for, Article 33. More importantly, however,
where any such restrictions or limitations are imposed as mentioned above,
the final adjudicator on their legality, even where these are imposed for the
public benefit, are the Courts. In this respect the Judicial Authority of the
Republic is by Article 35 duty bound to secure the efficient application
of the provisions in Part II of the Constitution. The effect of this is the
fortification of Democracy by the prevalence of the Rule of Law.
The Supreme Court in particular, but the lower Courts as well, have
always taken a vigorous approach in the protection of fundamental rights
and liberties, and in the interpretation of any enacted derogations, in the
sense already explained. To this effect, it is always borne in mind that the
fundamental rights and liberties are universal in their application and that
they are enjoyed by any person present, at any specific time, within the
territorial jurisdiction of the Courts of the Republic. Their application
extends, of course, to minority groups, in any respect or form. Aliens are
not excluded, once they satisfy the condition of jurisdiction, however the
Constitution provides that the Republic is not precluded from regulating
by any law, any matter relating to them in accordance with International
Law, Article 32.
On one occasion, in a criminal case2, the Supreme Court of the Republic,
ruling on the admissibility of evidence in the form of a conversation
allegedly overheard and recorded in contravention of a specific provision of Part II, stated that, "the basic rights safeguarded in this part of
the Constitution (...) are inalienable and inhere in man at all times, to be
enjoyed and exercised under constitutional protection. Interference by
anyone, be it the State or an individual, is unconstitutional and, a right rests
thereunder to the victim, to invoke constitutional, as well as municipal law
remedies for the vindication of his rights". Later, on another occasion3, the
Supreme Court, recognized on the basis of the above dictum, the existence
of a cause of action for damages for the infringement of a Part II right or
liberty, in an action between two private individuals.
The Republic of Cyprus, since May 2004, is a member of the European
Union. Under its Constitution, as amended by Article 1A, no provision
therein, shall be deemed as nullifying any laws enacted or any measures
taken by the Republic in compliance with its aforementioned membership.
2. Police v. Georghiades (1983) 2 C.L.R. 33
3. Yiallouros v. Nicolaou (2001) 1 C.L.R. 558, reported in Greek.

Grands colloques - Les Cours constitutionnelles, garantie de la qualité démocratique des sociétés ?

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