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
    Traffic Angels, Spring Village retain police carolling titles
    Front Page
    Traffic Angels, Spring Village retain police carolling titles
    Webmaster 
    December 16, 2025
    THEIR TITLE belied their performance at the annual carolling contest of the Royal St Vincent and the Grenadines Police Force (RSVGPF), last Friday, De...
    Community Organiser to take legal action against the police
    Front Page
    Community Organiser to take legal action against the police
    Webmaster 
    December 16, 2025
    PRESIDENT of the Central Kingstown Development Organisation (CKDO), Leroy Rock, said he has retained the services of a lawyer and will be pursuing leg...
    Business houses should be prepared for VAT-Free Day – Chamber of Commerce head
    Front Page
    Business houses should be prepared for VAT-Free Day – Chamber of Commerce head
    Webmaster 
    December 16, 2025
    by GRACE FRANCIS WITH THE FIRST EVERVAT free day to be held in St Vincent and the Grenadines (SVG) on Friday, December 19, 2025, Executive Director of...
    Shallow does not consider himself a ‘career politician’
    Front Page
    Shallow does not consider himself a ‘career politician’
    Webmaster 
    December 16, 2025
    CRICKET ADMINISTRATOR and newly appointed Minister of Tourism and Maritime Affairs, Dr. Kishore Shallow has made it clear that he will be in elected o...
    Former PM Gonsalves not entitled to a security detail while still active in politics – Leacock
    Front Page
    Former PM Gonsalves not entitled to a security detail while still active in politics – Leacock
    Webmaster 
    December 16, 2025
    OPPOSITION LEADER, Dr. Ralph Gonsalves, has been allocated a driver who is a police officer, but no security detail. This follows a promise by the Dep...
    News
    CARICOM IMPACS, partners intercept major drug haul in Virgin Islands
    Webmaster 
    December 16, 2025
    THE Caribbean Community (CARICOM) Implementation Agency for Crime and Security (IMPACS) was a central partner in a major joint anti-narcotics operatio...
    News
    News
    CARICOM IMPACS, partners intercept major drug haul in Virgin Islands
    Webmaster 
    December 16, 2025
    THE Caribbean Community (CARICOM) Implementation Agency for Crime and Security (IMPACS) was a central partner in a major joint anti-narcotics operatio...
    Passenger carriers narrowly avoid collision with military planes near Venezuela
    News
    Passenger carriers narrowly avoid collision with military planes near Venezuela
    Webmaster 
    December 16, 2025
    A JETBLUE AIRWAYS pilot said he narrowly avoided a “midair collision” with a U.S. military aircraft that entered his flight path while the JetBlue pla...
    Dr. Richard Byron-Cox releases “Living in wisdom-an examination of human nature”
    News
    Dr. Richard Byron-Cox releases “Living in wisdom-an examination of human nature”
    Webmaster 
    December 16, 2025
    WHAT IS PROBABLY the first philosophical book written by a Vincentian was recently released and is now available to the public. “Living in Wisdom- an ...
    From the Courts, News
    Windward man await sentencing for house-breaking
    Webmaster 
    December 16, 2025
    A COLONAIRE MAN will be spending the rest of the Christmas season behind bars after he was remanded for breaking into the home of a Peruvian Vale resi...
    Rockies woman apologises for theft
    From the Courts, News
    Rockies woman apologises for theft
    Webmaster 
    December 12, 2025
    A ROCKIESWOMAN, who apologised to the police for stealing a dozen eggs and less than a pound of onions from Coreas Supermarket, was given a suspended ...

    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