Searchlight Logo
special_image

    • News
      • Front Page
      • News
      • Breaking News
      • Press Release
      • Features
      • Special Features
      • From the Courts
      • Sports
      • Regional / World
    • Opinions
      • Editorial
      • Our Readers’ Opinions
      • Bassy – Love Vine
      • Dr. Fraser- Point of View
      • R. Rose – Eye of the Needle
      • On Target
      • Dr Jozelle Miller
      • The World Around Us
      • Random Thoughts
    • Advice
      • Kitchen Corner
      • What’s on Fleek this week
      • Health Wise
      • Physician’s Weekly
      • Business Buzz
      • Hey Rosie!
      • Prime the pump
    • ePaper
    • Obituaries
      • In Memoriam / Acknowledgement
      • Tribute
    • Contact Us
      • Advertise With Us
      • Letters To The Editor
      • General Contact Information
      • Contact our Webmaster
    • About Us
      • Interactive Media Ltd
      • St. Vincent & the Grenadines
    • Subscribe
    • News
      • Front Page
      • News
      • Breaking News
      • Press Release
      • Features
      • Special Features
      • From the Courts
      • Sports
      • Regional / World
    • Opinions
      • Editorial
      • Our Readers’ Opinions
      • Bassy – Love Vine
      • Dr. Fraser- Point of View
      • R. Rose – Eye of the Needle
      • On Target
      • Dr Jozelle Miller
      • The World Around Us
      • Random Thoughts
    • Advice
      • Kitchen Corner
      • What’s on Fleek this week
      • Health Wise
      • Physician’s Weekly
      • Business Buzz
      • Hey Rosie!
      • Prime the pump
    • ePaper
    • Obituaries
      • In Memoriam / Acknowledgement
      • Tribute
    • Contact Us
      • Advertise With Us
      • Letters To The Editor
      • General Contact Information
      • Contact our Webmaster
    • About Us
      • Interactive Media Ltd
      • St. Vincent & the Grenadines
    • Subscribe
Understanding the Law
April 11, 2008

Judicial Review Pt-4

We have been pursuing this topic for the last few weeks, and by now you would conclude that judicial review is an important tool that is available to the ordinary citizens against the powerful authorities that work on behalf of the state. Persons throughout the ages have philosophized about the powers of the State. One English philosopher, Thomas Hobbs, who lived in the sixteenth and seventeenth century, thought that man without a government would resort to a condition which he calls the ‘state of nature’.{{more}} In this state, he would have the license to do as he pleases. This would lead to conflict and wars. Life would be “solitary, poor, nasty, brutish and short.” Man, therefore, needs a ”leviathan”, that is, a huge and powerful state to keep him in check. However, recognizing how powerful the state could become judicial review has made its way through the common law and has been holding its own under the umbrella of public law. Last week we looked at the various ways by which an authority could exceed its powers. This week we will continue to look at some of the reasons why judicial review would be necessary.

Improper Delegation of Power

If an authority is given certain duties to perform, and it specifically says that those powers are not to be delegated, but the authority proceeds to pass those powers to another or allows someone else to use those powers, he /she would have been ultra vires the law. Generally speaking, judicial and legislative powers cannot be delegated, but administrative power could be. If a particular aspect of a functionary power must be exercised by the person in the position, then the law would stipulate that that aspect cannot be delegated.

Abuse of Discretion

You have heard the word “discretion” used from time to time in relation to the court. You might have heard that a judge or a magistrate has discretion. The word means having an option or freedom to choose certain options. It is not a wide power to do as he wishes. The choice must be within the law. The word “may” is used on occasion to indicate that an authority has discretion. This is in contrast to the word “shall”, which is mandatory, and whenever it is used it means that an authority has no discretion. A public authority who has discretion must exercise that discretion reasonably and in accordance with the law. If he uses his discretion wrongfully he would have abused his powers.

How does an authority abuse its discretion?

Where an authority has to use its discretion in exercising its powers but takes into account irrelevant or immaterial considerations he would have abused his discretion. This means that authorities with discretion must only take into account material considerations. Most matters on this area in Caribbean Courts are concerned with licences, and especially liquor licences. The court has given some guidelines as to what is material. For example, an authority, in considering whether to issue a liquor licence, must look at the number of shops in the area, whether police supervision is possible, the character and history of the applicant among others.

Improper purpose

The authority would exceed its power if it uses its power for an improper purpose. The statute which is laid down for the authority would always have a purpose. If the authority adheres to what is material to the issue then he would hardly be accused of having improper purpose.

Ada Johnson is a solicitor and barrister-at-law.
E-mail address is: exploringthelaw@yahoo.com

  • FacebookComments
  • ALSO IN THE NEWS
    ULP, NDP sign Code of Conduct for 2025 General Elections
    ULP, NDP sign Code of Conduct for 2025 General Elections
    Jada 
    November 4, 2025
    Director of the Institute of Governance and Politics of Latin America and the Caribbean Augustine Ferdinand and Chairman of the New Democratic Party D...
    Walters receives lively send off
    Front Page
    Walters receives lively send off
    Webmaster 
    November 4, 2025
    Former parliamentarian and government minister, Selmon Walters was laid to rest on Saturday, November 1, 2025 after a lively home-going service at the...
    Dr Gonsalves calls for vigilance from ‘Labour Warriors’
    Front Page
    Dr Gonsalves calls for vigilance from ‘Labour Warriors’
    Webmaster 
    November 4, 2025
    Leader of the governing Unity Labour Party (ULP), Dr. Ralph Gonsalves has called on supporters of the party to be vigilant in this heightened campaign...
    Front Page
    Dr Friday spells out promises once NDP elected
    Webmaster 
    November 4, 2025
    Two VAT-free (Value Added Tax) shopping days; a one-time 50 percent concession on vehicle duties for public servants with 10 or more years of service;...
    Vincentian NYPD officer dies days after Brazilian Butt Lift surgery
    Front Page
    Vincentian NYPD officer dies days after Brazilian Butt Lift surgery
    Webmaster 
    November 4, 2025
    A Vincentian American woman who was found unresponsive in a hotel room in Colombia and rushed to the Fundación Valle del Lili Hospital on Thursday, Oc...
    Front Page
    Men shot in alleged shootout in Layou hospitalised
    Webmaster 
    November 4, 2025
    The Central Leeward town of Layou, where residents are no stranger to gunshots, erupted with gun shots on Sunday, November 2, 2025 around 8:00 p.m. an...
    News
    Teen who stole from Massy while wearing stolen Corea’s shirt on remand
    From the Courts, News
    Teen who stole from Massy while wearing stolen Corea’s shirt on remand
    Webmaster 
    November 4, 2025
    A teenager, who stole a Corea’s shirt from someone’s clothes line, and wore it in Massy Stores where he allegedly stole more than $100 worth of items ...
    Man remanded for  beating his baby’s mother
    From the Courts, News
    Man remanded for beating his baby’s mother
    Webmaster 
    November 4, 2025
    A young man who beat his baby’s mother in her face with a stick, and struck her brother while he was defending her, was remanded pending sentencing. J...
    Dr. Friday urges ‘Don’t sit on  the fence’
    News
    Dr. Friday urges ‘Don’t sit on the fence’
    Webmaster 
    November 4, 2025
    Leader of the Opposition New Democratic Party (NDP), Dr. Godwin Friday wants the people of St Vincent and the Grenadines to have full confidence in th...
    New Invest SVG site available to host events
    News
    New Invest SVG site available to host events
    Webmaster 
    November 4, 2025
    Persons who want access to a top-class venue for the staging of their events now have access, at a price, to Invest SVG’s newly developed facility on ...
    Madungo, more than food to the nation – Gonsalves
    News
    Madungo, more than food to the nation – Gonsalves
    Webmaster 
    November 4, 2025
    Madungo, derived from the residue of the arrowroot starch, is more than just food. “It is something steeped in our history, in our society, to which w...

    E-EDITION
    ePaper
    google_play
    app_store
    Subscribe Now
    • Interactive Media Ltd. • P.O. Box 152 • Kingstown • St. Vincent and the Grenadines • Phone: 784-456-1558 © Copyright Interactive Media Ltd.. All rights reserved.
    We use cookies to ensure that we give you the best experience on our website. If you continue to use this site we will assume that you are happy with it.Ok