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
    Vincy Heat Set for Double Clash in Bonaire
    Sports
    Vincy Heat Set for Double Clash in Bonaire
    Forrest 
    March 25, 2026
    The St. Vincent and the Grenadines Football Federation senior men’s national team, Vincy Heat, departed yesterday, March 24th, 2026, for Bonaire, wher...
    Book on History of SVG now on CXC Syllabus
    Front Page
    Book on History of SVG now on CXC Syllabus
    Webmaster 
    March 24, 2026
    UNIVERSITY OFTHE West Indies (UWI) Lecturer, Dr. Henderson Carter has announced that volume one of the newly published book, ‘ St Vincent and the Gren...
    Teachers Union launches broadside at Education Minister
    Front Page
    Teachers Union launches broadside at Education Minister
    Webmaster 
    March 24, 2026
    THE LEADERSHIP OF the St. Vincent and the Grenadines Teachers Union launched a verbal broadside at Education Minister Phillip Jackson, during the SVGT...
    Vincentian guilty of capital murder in Grenada
    Front Page
    Vincentian guilty of capital murder in Grenada
    Webmaster 
    March 24, 2026
    VINCENTIAN NATIONAL Elton Elliston Andrew, has been found guilty of capital murder and conspiracy to murder in relation to the March 21, 2023 death of...
    Man shot and killed in Diamond
    Front Page
    Man shot and killed in Diamond
    Webmaster 
    March 24, 2026
    THE DIAMOND AREA is once again in the news as it relates to homicides, with the shooting death of 66-year-old Winston Williams. On Friday, March 20,20...
    “Muntai” chopped and killed in Barrouallie
    Front Page
    “Muntai” chopped and killed in Barrouallie
    Webmaster 
    March 24, 2026
    This country recorded its 8th homicide on Monday, March 23, 2026 when a man who goes by the sobriquet "Muntai" was chopped about his body in Barrouall...
    News
    US Coast Guard demands ID from Vincy fishers at sea?
    News
    US Coast Guard demands ID from Vincy fishers at sea?
    Webmaster 
    March 24, 2026
    MEMBERS OF THE US Coast Guard have reportedly recently stopped Vincentian fishers at sea demanding to see their identification papers to ascertain the...
    Cuba is prepared for unlikely US attack, says Deputy Foreign Minister
    News
    Cuba is prepared for unlikely US attack, says Deputy Foreign Minister
    Webmaster 
    March 24, 2026
    CUBA IS PREPARED for the unlikely possibility of a military engagement with the United States, Cuban Deputy Foreign Minister Carlos Fernandez de Cossi...
    Government committed to inclusive policies says Minister of Persons with Disabilities
    News
    Government committed to inclusive policies says Minister of Persons with Disabilities
    Webmaster 
    March 24, 2026
    MINISTER OF THE FAMILY, Gender Affairs, Persons with Disabilities, Local Government and Labour Laverne Gibson-Velox, has said the government continues...
    Fuel prices likely to increase in 2026 says Rubis Country Manager
    News
    Fuel prices likely to increase in 2026 says Rubis Country Manager
    Webmaster 
    March 24, 2026
    THE COUNTRY MANAGER for Rubis St Vincent and the Grenadines (SVG), Elroy Edwards, has indicated that an increase in the cost of fuel is likely in 2026...
    Southern Caribbean Corridor study on Transnational Organised Crime launched
    News
    Southern Caribbean Corridor study on Transnational Organised Crime launched
    Forrest 
    March 20, 2026
    As the Southern Caribbean becomes increasingly central to global smuggling networks and in a historic demonstration of cross-continental cooperation, ...

    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