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
    Mother believes her ‘missing’ daughter is dead
    Front Page
    Mother believes her ‘missing’ daughter is dead
    Webmaster 
    December 9, 2025
    VIOLA ADAMS, the mother of 36-year-old Lyda “Sherika” Adams, strongly believes her daughter is dead. The Barrouallie woman, said to be six months preg...
    Vincentian delegation at Peace Conference in Venezuela
    Front Page
    Vincentian delegation at Peace Conference in Venezuela
    Webmaster 
    December 9, 2025
    AT A TIMEWHEN A MASSIVE US military arsenal is arrayed on the doorsteps of Venezuela, a delegation of 10 Vincentians is currently in that South Americ...
    Public Service Commission does not care about laws, says union President
    Front Page
    Public Service Commission does not care about laws, says union President
    Webmaster 
    December 9, 2025
    PRESIDENT OF THE Public Service Union (PSU), Elroy Boucher, believes that the Public Service Commission(PSC) does not care about the laws, and seems t...
    AIA reaffirms commitment to passenger safety
    Front Page
    AIA reaffirms commitment to passenger safety
    Webmaster 
    December 9, 2025
    MANAGEMENT OF THE Argyle International Airport (AIA), has issued a statement reaffirming their commitment to passenger safety. There have been periodi...
    Christopher Nathan reflects on Caribbean fashion legacy amid cancer battle
    News
    Christopher Nathan reflects on Caribbean fashion legacy amid cancer battle
    Webmaster 
    December 9, 2025
    Creative director of Coco Velvet International Fashion & Model Management, Christopher Nathan, has spent a great deal of his career training and devel...
    National Security Minister says Dr. Gonsalves may not be entitled to state security
    News
    National Security Minister says Dr. Gonsalves may not be entitled to state security
    Webmaster 
    December 9, 2025
    OPPOSITION LEADER and former Prime Minister of St Vincent and the Grenadines (SVG) Dr. Ralph Gonsalves may not be entitled to a security detail provid...
    News
    Christopher Nathan reflects on Caribbean fashion legacy amid cancer battle
    News
    Christopher Nathan reflects on Caribbean fashion legacy amid cancer battle
    Webmaster 
    December 9, 2025
    Creative director of Coco Velvet International Fashion & Model Management, Christopher Nathan, has spent a great deal of his career training and devel...
    National Security Minister says Dr. Gonsalves may not be entitled to state security
    News
    National Security Minister says Dr. Gonsalves may not be entitled to state security
    Webmaster 
    December 9, 2025
    OPPOSITION LEADER and former Prime Minister of St Vincent and the Grenadines (SVG) Dr. Ralph Gonsalves may not be entitled to a security detail provid...
    Claimant feels vindicated in union’s case against the PSC
    News
    Claimant feels vindicated in union’s case against the PSC
    Webmaster 
    December 9, 2025
    A CLAIMANT in the legal challenge brought by the Public Service Union (PSU), against the appointment of then Clerk and Deputy Clerk of the House of As...
    Taiwan downplays fears of SVG Diplomatic
    News
    Taiwan downplays fears of SVG Diplomatic
    Webmaster 
    December 5, 2025
    AIWAN HAS PLAYED DOWN concerns that St Vincent and the Grenadines might switch diplomatic recognition to Beijing, insisting ties with its Caribbean al...
    St. Lucia stays red: SLP secures 14 of 17 seats, Pierre returns as PM
    News, Regional / World
    St. Lucia stays red: SLP secures 14 of 17 seats, Pierre returns as PM
    Webmaster 
    December 5, 2025
    ST. LUCIA’s political map turned bright red on Monday as the St. Lucia Labour Party secured a commanding re-election victory, clinching 14 of 17 seats...

    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