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
    Challenge launched against nomination of 2 NDP candidates
    Front Page
    Challenge launched against nomination of 2 NDP candidates
    Webmaster 
    November 11, 2025
    REGISTERED VOTERS in the Northern Grenadines Constituency, and in East Kingstown have written to the Returning Officers in those constituencies seekin...
    Candidates file nomination papers for November 27 polls
    Front Page
    Candidates file nomination papers for November 27 polls
    Webmaster 
    November 11, 2025
    CANDIDATES CONTESTING the November 27, 2025 general elections in St Vincent and the Grenadines (SVG) filed their nomination papers at designated point...
    Dr. Grace Walters fires back over contract
    Front Page
    Dr. Grace Walters fires back over contract
    Webmaster 
    November 11, 2025
    THE UNITY LABOUR PARTY’S (ULP) candidate for North Windward, Dr. Grace Walters has come to her own defense, after information on a consultancy contrac...
    Saint Lucian killed in Lowmans mountain
    Front Page
    Saint Lucian killed in Lowmans mountain
    Webmaster 
    November 11, 2025
    SEVERAL FARMERS FROM Lowmans Leeward have expressed outrage over a homicide that took place over the weekend in an area where many people are plying t...
    Makaila Kydd wins TVET public speaking
    Front Page
    Makaila Kydd wins TVET public speaking
    Webmaster 
    November 11, 2025
    THE GEORGETOWN Technical Institute (GTI), came out on top in a public speaking competition held on Thursday, November 6, 2025, as part of month-long a...
    Four charged, one pleads guilty to firearm offenses
    From the Courts, News
    Four charged, one pleads guilty to firearm offenses
    Webmaster 
    November 11, 2025
    FOUR MEN OF Paul’s Avenue and Layou were charged with being in possession of one pistol and 30 rounds of ammunition. Sharome Dopwell, Erel Hector, Dak...
    News
    Four charged, one pleads guilty to firearm offenses
    From the Courts, News
    Four charged, one pleads guilty to firearm offenses
    Webmaster 
    November 11, 2025
    FOUR MEN OF Paul’s Avenue and Layou were charged with being in possession of one pistol and 30 rounds of ammunition. Sharome Dopwell, Erel Hector, Dak...
    Bruce rubbishes ULP performance in South Central Windward
    News
    Bruce rubbishes ULP performance in South Central Windward
    Webmaster 
    November 11, 2025
    NEW DEMOCRATIC PARTY (NDP) candidate for the constituency of South Central Windward, Israel Bruce has knocked the Unity Labour Party (ULP) saying the ...
    NDP candidates turned off by blow horn noise
    News
    NDP candidates turned off by blow horn noise
    Webmaster 
    November 11, 2025
    THE LOUD SOUND coming from blow horns was too much for Vice President of the New Democratic Party (NDP) St Clair Leacock, when he approached the micro...
    People want change more than the Opposition – Dr. Friday
    News
    People want change more than the Opposition – Dr. Friday
    Webmaster 
    November 11, 2025
    LEADER of the New Democratic Party (NDP) Dr. Godwin Friday, said people are saying that it is the opposition politicians who are calling for political...
    Martin has second stint as Attorney General
    News
    Martin has second stint as Attorney General
    Webmaster 
    November 11, 2025
    WHEN JAUNDY MARTIN was first sworn in as Attorney General (AG) on Monday, September 18, 2017, he told the gathering that he never aspired to the posit...

    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