Judicial Review in the Commonwealth Caribbean,9781845680428

Judicial Review in the Commonwealth Caribbean

by ;
Edition: 1st
ISBN13: 9781845680428
ISBN10: 1845680421
Format: Nonspecific Binding
Pub. Date: 2006-04-30
Publisher(s): Routledge-Caven
List Price: $165.85

Buy New

Usually Ships in 5-7 Business Days
$157.95
Add to Cart

Rent Textbook

Select for Price
Add to Cart
There was a problem. Please try again later.

Rent Digital

Rent Digital Options
Online:180 Days access
Downloadable:180 Days
$138.60
Online:365 Days access
Downloadable:365 Days
$163.80
Online:1825 Days access
Downloadable:Lifetime Access
$252.00
*To support the delivery of the digital material to you, a digital delivery fee of $3.99 will be charged on each digital item.
$138.60*
Add to Cart

Used Textbook

We're Sorry
Sold Out

Buy from our Marketplace starting at $217.00

How Marketplace Works:

  • This item is offered by an independent seller and not shipped from our warehouse
  • Item details like edition and cover design may differ from our description; see seller's comments before ordering.
  • Sellers much confirm and ship within two business days; otherwise, the order will be cancelled and refunded.
  • Marketplace purchases cannot be returned to eCampus.com. Contact the seller directly for inquiries; if no response within two days, contact customer service.
  • Additional shipping costs apply to Marketplace purchases. Review shipping costs at checkout.

Summary

The establishment of the Caribbean Court of Justice sees the countries of the Commonwealth Caribbean at an important and exciting judicial crossroads. Debate, often acrimonious, continues over the abolishment of ties to the Judicial Committee of the Privy Council and increasingly those influencing the debate are a more educated and articulate Caribbean people, insisting on proper governance of the area's public bodies. This new book analyses judicial review, a mechanism for achieving public justice, through emerging case law in the hope that it will cast light on the jurisprudential evolution of Caribbean society in the twenty-first century.Bringing together cases and materials on judicial review in the Caribbean for the first time, the book examines what judicial review is before going on to discuss the grounds, obstacles and conduct within the judicial review process. It concludes by examining the future of judicial review and justice more generally in the Caribbean.Legal professionals in the Caribbean will find Judicial Review in the Commonwealth Caribbean a useful and comprehensive reference tool.

Table of Contents

List of Abbreviations xiii
Table of Cases xv
Table of Legislation xxxiii
1 JUDICIAL REVIEW: AN INTRODUCTION 1
1.1 WHAT IS JUDICIAL REVIEW?
1
1.2 PREROGATIVE ORDERS
4
1.3 COUNTRY PERSPECTIVES ON JUDICIAL REVIEW
7
1.3.1 TRINIDAD AND TOBAGO
7
1.3.2 BARBADOS
9
1.3.3 GUYANA
11
1.3.4 JAMAICA
16
2 GROUNDS FOR JUDICIAL REVIEW 19
2.1 UNREASONABLENESS OF THE DECISION
22
2.2 ERROR OF LAW
25
2.3 FAILURE TO COMPLY WITH MANDATORY DIRECTIONS
31
2.4 MAKING OF POLICIES
37
2.5 THE DECISION-MAKER MUST MAKE AN INDEPENDENT DECISION
40
2.6 IMPROPER DELEGATION OF AUTHORITY
40
2.7 ABDICATION OF FUNCTIONS
41
2.8 FETTERING DESCRETION
43
2.9 BAD FAITH
46
2.10 FAILURE TO OBSERVE THE PRINCIPLE OF EQUALITY
47
2.11 BREACH OF A LEGITIMATE EXPECTATION
48
2.12 FAILURE TO COMPLY WITH SETTLED PRACTICE
67
2.13 ACTING OUTSIDE OR IN EXCESS OF JURISDICTION
68
2.14 PROPORTIONALITY
75
2.15 TAKING INTO ACCOUNT IRRELEVANT CONSIDERATIONS
75
2.16 FAILURE TO CONSIDER RELEVANT MATTERS
79
2.17 DECISIONS MUST NOT BE TAINTED BY BIAS
82
2.18 ERRORS IN FORM OR PROCEDURE LACKING IN SUBSTANCE
98
2.19 FAILURE TO ASCERTAIN RELEVANT INFORMATION
104
2.20 PURSUING IMPROPER OBJECTIVES
105
2.21 UNREASONABLE DELAY
105
2.22 IMPROPER FINDING OF FACTS
110
2.23 WRONG ADHERENCE TO POLICY
112
2.24 FAILURE TO COMPLY WITH ADOPTED OR PUBLISHED PROCEDURES
113
2.25 RE-HEARING OF ISSUE
113
2.26 RIGHTS MUST BE CONSTRUED AS MEANINGFUL
114
3 NATURAL JUSTICE 115
3.1 OBSERVANCE OF THE PRINCIPLES OF NATURAL JUSTICE
115
3.1.1 RIGHT TO A FAIR HEARING
126
3.1.2 RIGHT TO FULL PARTICULARS
134
3.1.3 RIGHT TO CONSULTATION
136
3.1.4 RIGHT TO RESPOND/MAKE REPRESENTATIONS
139
3.1.5 DUTY NOT TO MAKE DECISION BEFORE HEARING
141
3.1.6 RIGHT TO REASONS
143
3.1.7 RIGHT TO KNOW OF INVESTIGATION
149
3.1.8 RIGHT TO PARTICIPATE FULLY IN HEARING
149
3.1.9 RIGHT TO KNOW OF POTENTIAL ADVERSE FINDINGS
149
3.1.10 RIGHT TO LEGAL REPRESENTATION
150
4 OBSTACLES TO A JUDICIAL DETERMINATION OF THE MERITS OF A JUDICIAL REVIEW APPLICATION 151
4.1 SUFFICIENT INTEREST
152
4.2 LEAVE GRANTED WHERE THERE IS AN ARGUABLE CASE
155
4.3 DELAY
158
4.4 MATERIAL DISCLOSURE
175
4.5 PRIVATE VERSUS PUBLIC FUNCTION
180
4.6 OUSTER OF JURISDICTION
195
4.7 MIXING OF CONSTITUTIONAL AND JUDICIAL REVIEW MATTERS
200
4.8 ALTERNATIVE PROCEEDINGS
201
4.9 REMEDY SOUGHT MUST BE MEANINGFUL
206
4.10 PREJUDICE TO THIRD PARTIES
210
4.11 GOOD ADMINISTRATION
210
4.12 GRANTING REVIEW OR SUBSTITUTING DECISION
211
4.13 WRONG PARTY
214
4.14 ADJOURNMENTS
215
4.15 NATURE OF DECISION
216
4.16 REVIEWING EXECUTIVE ACTIONS
218
4.17 REVIEWING JUDICIAL ACTIONS
221
4.18 REVIEWING PROSECUTORIAL AUTHORITY
223
4.19 REVOCATION OF LEAVE
223
4.20 PRESUMPTION OF REGULARITY
224
4.21 PREMATURE PROCEEDINGS
225
4.22 SPECIAL TRIBUNALS
226
4.23 RIGHT TO INTERVENE
226
4.24 JUDICIAL REVIEW AS FINAL PROCEEDINGS
227
5 CONDUCT OF JUDICIAL REVIEW PROCEEDINGS 231
5.1 NEWSPAPER ARTICLES AS EVIDENCE
232
5.2 WAIVER OF IRREGULARITY
234
5.3 FRESH EVIDENCE AND EX POST FACTO REASONS
234
5.4 RAISING NEW GROUNDS
236
5.5 IRRELEVANT EVIDENCE
237
5.6 DISCOVERY
237
5.7 INTERROGATORIES
240
5.8 CROSS EXAMINATION
240
5.9 ANONYMOUS EVIDENCE
242
5.10 NATURE OF REPLY
243
5.11 RE-OPENING CASES
243
6 REMEDIES 245
6.1 MANDAMUS
248
6.2 DAMAGES
249
6.3 CERTIORARI
251
6.4 INJUNCTION
255
6.5 COSTS
259
7 BREAKING NEW GROUNDS 261
7.1 EQUALITY OF TREATMENT
261
7.2 SQUATTERS
266
7.3 POLITICAL PROCESS
267
7.4 THE ENVIRONMENT
274
7.5 CARIBBEAN COURT OF JUSTICE
278
7.6 RIGHT TO INFORMATION
279
8 CONCLUSION: JUSTICE IN THE FUTURE 281
APPENDIX A TRINIDAD AND TOBAGO 283
THE JUDICIAL REVIEW ACT, NO. 60 OF 2000
283
LEGAL NOTICE NO. 184: THE SUPREME COURT OF JUDICATURE (JUDICIAL REVIEW)
288
(AMENDMENT) RULES, 2002
288
THE JUDICIAL REVIEW (AMENDMENT) BILL, 2005
291
APPENDIX B JAMAICA 293
SUPREME COURT OF JAMAICA CIVIL PROCEDURE RULES 2002
293
APPENDIX C BARBADOS 300
ADMINISTRATIVE JUSTICE ACT, NO. 63 OF 1980
300
THE JUDICIAL REVIEW (APPLICATION) RULES, 1983
303
Index 305

An electronic version of this book is available through VitalSource.

This book is viewable on PC, Mac, iPhone, iPad, iPod Touch, and most smartphones.

By purchasing, you will be able to view this book online, as well as download it, for the chosen number of days.

Digital License

You are licensing a digital product for a set duration. Durations are set forth in the product description, with "Lifetime" typically meaning five (5) years of online access and permanent download to a supported device. All licenses are non-transferable.

More details can be found here.

A downloadable version of this book is available through the eCampus Reader or compatible Adobe readers.

Applications are available on iOS, Android, PC, Mac, and Windows Mobile platforms.

Please view the compatibility matrix prior to purchase.