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
    Domestic worker killed at Long Wall
    Front Page
    Domestic worker killed at Long Wall
    Webmaster 
    September 12, 2025
    FAMILY MEMBERS of a woman who was killed at Long Wall say they suspect their relative was hacked by a person they all know very well. On Tuesday, Sept...
    NDP never built a single house in SVG – Finance Minister
    Front Page
    NDP never built a single house in SVG – Finance Minister
    Webmaster 
    September 12, 2025
    THE IDEA THAT HOUSING is a right, that every Vincentian has a right to safe and secure housing, and that the government has a role to play in ensuring...
    No bail for Police officer charged with attempted murder
    Front Page
    No bail for Police officer charged with attempted murder
    Webmaster 
    September 12, 2025
    A POLICE OFFICER, who allegedly stabbed his ex-girlfriend 26 times about her body was remanded even as his lawyer argued that the Royal St Vincent and...
    New ULP Administration will roll out AI policy
    Front Page
    New ULP Administration will roll out AI policy
    Webmaster 
    September 12, 2025
    A NEW UNITY LABOUR PARTY ADMINISTRATION will be rolling out an Artificial Intelligence (AI) policy to embrace its positives and guard against the nega...
    Sandy Bay Secondary School marks 20th Anniversary
    Front Page
    Sandy Bay Secondary School marks 20th Anniversary
    Webmaster 
    September 12, 2025
    TUESDAY, SEPTEMBER, 9,2025 was a memorable day for the staff and students of the Sandy Bay Secondary School, which was marking its 20th anniversary wi...
    Foundation implements community driven project in SVG
    News
    Foundation implements community driven project in SVG
    Webmaster 
    September 12, 2025
    THE ASHLEY LASHLEY Foundation, with support from the United States Government, is implementing a local-level project entitled “Community-Driven Strate...
    News
    Foundation implements community driven project in SVG
    News
    Foundation implements community driven project in SVG
    Webmaster 
    September 12, 2025
    THE ASHLEY LASHLEY Foundation, with support from the United States Government, is implementing a local-level project entitled “Community-Driven Strate...
    Skills not available locally, non-nationals have to be hired says Finance Minister
    News
    Skills not available locally, non-nationals have to be hired says Finance Minister
    Webmaster 
    September 12, 2025
    NON- NATIONALS ARE being hired to fill several jobs in St Vincent and the Grenadines (SVG) simply because locals did not have the required skill sets....
    Montgomery Daniel squashes rumours that he’s sick
    News
    Montgomery Daniel squashes rumours that he’s sick
    Webmaster 
    September 12, 2025
    DEPUTY PRIME MINISTER Montgomery Daniel has sought to clear around rumours that have been circulating relating to his health. Speaking on NBC radio on...
    $1.3 billion in Tourism investment to yield 2,000 jobs – Camillo
    News
    $1.3 billion in Tourism investment to yield 2,000 jobs – Camillo
    Webmaster 
    September 12, 2025
    The GOVERNMENT of St Vincent and the Grenadines is set to sign agreements for tourism investment of $1.3 billion on mainland St.Vincent. On Monday, Se...
    Bagga’ man pleads guilty to illegal gun, ammo possession
    From the Courts, News
    Bagga’ man pleads guilty to illegal gun, ammo possession
    Webmaster 
    September 12, 2025
    A BARROUALLIE MAN will be sentenced next week after pleading guilty to being in illegal possession of a firearm and eight rounds of ammunition. Demron...

    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