Searchlight Logo
special_image

    • News
      • Front Page
      • News
      • Breaking News
      • Press Release
      • From the Courts
      • Features
      • Special Features
      • Sports
      • Regional / World
      • Regional / World
    • Opinions
      • Editorial
      • Our Readers’ Opinions
      • Bassy – Love Vine
      • Prof. J Robinson – Eye of the Needle
      • 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
      • From the Courts
      • Features
      • Special Features
      • Sports
      • Regional / World
      • Regional / World
    • Opinions
      • Editorial
      • Our Readers’ Opinions
      • Bassy – Love Vine
      • Prof. J Robinson – Eye of the Needle
      • 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
    Questions mount over sudden death of Constable Kenrick Scott
    News
    Questions mount over sudden death of Constable Kenrick Scott
    Jada 
    July 22, 2026
    An investigation is underway following the discovery of a deceased officer from the Royal Saint Vincent and the Grenadines Police Force (RSVGPF) today...
    Three men shot dead in City
    Front Page
    Three men shot dead in City
    Webmaster 
    July 21, 2026
    THE SHOOTERS who created chaos in Kingstown last Friday night July 17, killing three people, were said to be decked out in black clothing and wore bul...
    Top cop tells killers the law is coming after you
    Front Page
    Top cop tells killers the law is coming after you
    Webmaster 
    July 21, 2026
    COMMISSIONER OF POLICE (COP), Enville Williams has warned the killers involved in last weekend’s triple homicide that a highly coordinated, multifacet...
    Chickenpox outbreak HMP
    Front Page
    Chickenpox outbreak HMP
    Webmaster 
    July 21, 2026
    A CHICKEN POX OUTBREAK at Her Majesty’s Prison (HMP), Belle Isle, is being monitored by prison authorities and health personnel with 13 people, having...
    Scrapping Registration, Tuition fees will hurt rural secondary schools most – Principal
    Front Page
    Scrapping Registration, Tuition fees will hurt rural secondary schools most – Principal
    Webmaster 
    July 21, 2026
    THE PRINCIPAL of the Barrouallie Secondary School, Michael Scott, strongly believes that a forensic study should have been conducted in secondary scho...
    Rock says CKDO was blocked and offered no government help for its 2026 Summer programme
    Front Page
    Rock says CKDO was blocked and offered no government help for its 2026 Summer programme
    Webmaster 
    July 21, 2026
    THE PRESIDENT of the Central Kingstown Development Organization (CKDO), Leroy Rock, is accusing the Ministry of Social Welfare, Community Empowerment,...
    News
    Questions mount over sudden death of Constable Kenrick Scott
    News
    Questions mount over sudden death of Constable Kenrick Scott
    Jada 
    July 22, 2026
    An investigation is underway following the discovery of a deceased officer from the Royal Saint Vincent and the Grenadines Police Force (RSVGPF) today...
    Gonsalves urges gradual fuel price hikes and minibus subsidies
    News
    Gonsalves urges gradual fuel price hikes and minibus subsidies
    Webmaster 
    July 21, 2026
    OPPOSITION LEADER Dr.Ralph Gonsalves has suggested that the government subsidize minibus drivers while gradually increasing retail pump prices in resp...
    Taiwan Embassy screens documentary ‘A Chip Odyssey’
    News
    Taiwan Embassy screens documentary ‘A Chip Odyssey’
    Webmaster 
    July 21, 2026
    The Republic of China (Taiwan) hosted a special screening of the documentary ‘A Chip Odyssey’ at the Russell’s Cinema in Kingstown on Thursday, July 1...
    Thirty-five teens in Coast Guard Youth Summer Programme
    News
    Thirty-five teens in Coast Guard Youth Summer Programme
    Webmaster 
    July 21, 2026
    SOME 35 YOUNG PEOPLE between 14 and 18 years of age on Monday, July 13, 2026 began a four week training programme being undertaken by the St.Vincent a...
    A stitch in time!
    News, Our Readers' Opinions
    A stitch in time!
    Webmaster 
    July 21, 2026
    I HAVE PREVIOUSLY expressed the view that it would not be reasonable for Vincentians to expect that the new government would be able to correct in six...

    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