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
      • Privacy Policy
      • 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
      • Privacy Policy
      • 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
    Front Page
    Passenger van overturns, injuring several commuters
    Webmaster 
    January 23, 2026
    AT LEAST ONE PERSON who was involved in an accident where a mini van overturned on Monday, had a clear premonition about the mishap. Deanna Mc Dowall,...
    Front Page
    Deputy Prime Minister explains delay of 2026 Budget
    Webmaster 
    January 23, 2026
    THE PRESENTATION of the 2026 National Budget or Appropriation Bill is being delayed as the New Democratic Party administration tries to put everything...
    Front Page
    SVG reviewing US request to accept deportees, Opposition Leader warns not to accept them
    Webmaster 
    January 23, 2026
    DEPUTY PRIME MINISTER St Clair Leacock, says that St Vincent and the Grenadines (SVG) is reviewing a request from the United States administration to ...
    Front Page
    Questelles students happy to be back in the classroom
    Webmaster 
    January 23, 2026
    IT HAS BEEN over three weeks since the Grades 3 and 4 students at the Questelles Government School (QGS) lost their classrooms in a fire. Although a f...
    Front Page
    Government names new Diplomats
    Webmaster 
    January 23, 2026
    A FORMER MEMBER of Parliament, and a Journalist, are in the group of five diplomats named by the New Democratic Party administration to take up postin...
    News
    Covid dismissed workers given deadline – backpay deferred pending review
    Webmaster 
    January 23, 2026
    PUBLIC SERVANTS who were dismissed for refusing to take the COVID-19 vaccine will not be allowed to return to their jobs after January 30, 2026. And, ...
    News
    News
    Covid dismissed workers given deadline – backpay deferred pending review
    Webmaster 
    January 23, 2026
    PUBLIC SERVANTS who were dismissed for refusing to take the COVID-19 vaccine will not be allowed to return to their jobs after January 30, 2026. And, ...
    News
    Rhea Ollivierre among new lawyers admitted to the SVG Bar
    Webmaster 
    January 23, 2026
    THE BAR OF St Vincent and the Grenadines (SVG) has welcomed a new cohort of legal practitioners, including Rhea Kezia Tamar Ollivierre, whose academic...
    From the Courts, News
    Confessed grocery thief urged to invest in herself
    Webmaster 
    January 23, 2026
    AN UNEMPLOYED Redemption Sharpes woman, who relies on her daughter’s father to solely provide for their family, was bonded and ordered to compensate C...
    News
    Hundreds flock to Lobster and Lambie Festival
    Webmaster 
    January 23, 2026
    LAST WEEKEND, January 16 to 18, hundreds of people, including Vincentians from the mainland and the Grenadines, journeyed to Carriacou and Petit Marti...
    News
    Committee Chair opposes insertion of fetes into Nine Mornings Festival
    Webmaster 
    January 23, 2026
    CHAIRMAN OF the National Nine Mornings Committee, Oronde ‘Bomani’ Charles, said he will oppose any attempt to introduce fetes during the annual Nine M...

    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