Judicial Review in the Commonwealth Caribbean

Description

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 analyzes judicial review, a mechanism for achieving public justice, through emerging case law in the hope that it will cast light on the jurisprudential evolut.  Read more... Abstract: 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 analyzes judicial review, a mechanism for achieving public justice, through emerging case law in the hope that it will cast light on the jurisprudential evolut Content: Cover JUDICIAL REVIEW IN THE COMMONWEALTH CARIBBEAN Copyright CONTENTS LIST OF ABBREVIATIONS TABLE OF CASES TABLE OF LEGISLATION 1 JUDICIAL REVIEW: AN INTRODUCTION 1.1 WHAT IS JUDICIAL REVIEW? 1.2 PREROGATIVE ORDERS 1.3 COUNTRY PERSPECTIVES ON JUDICIAL REVIEW 1.3.1 Trinidad and Tobago 1.3.2 Barbados 1.3.3 Guyana 1.3.4 Jamaica 2 GROUNDS FOR JUDICIAL REVIEW 2.1 UNREASONABLENESS OF THE DECISION 2.2 ERROR OF LAW 2.3 FAILURE TO COMPLY WITH MANDATORY DIRECTIONS 2.4 MAKING OF POLICIES 2.5 THE DECISION-MAKER MUST MAKE AN INDEPENDENT DECISION 2.6 IMPROPER DELEGATION OF AUTHORITY. 2.7 ABDICATION OF FUNCTIONS2.8 FETTERING DISCRETION 2.9 BAD FAITH 2.10 FAILURE TO OBSERVE THE PRINCIPLE OF EQUALITY 2.11 BREACH OF A LEGITIMATE EXPECTATION 2.12 FAILURE TO COMPLY WITH SETTLED PRACTICE 2.13 ACTING OUTSIDE OR IN EXCESS OF JURISDICTION 2.14 PROPORTIONALITY 2.15 TAKING INTO ACCOUNT IRRELEVANT CONSIDERATIONS 2.16 FAILURE TO CONSIDER RELEVANT MATTERS 2.17 DECISIONS MUST NOT BE TAINTED BY BIAS 2.18 ERRORS IN FORM OR PROCEDURE LACKING IN SUBSTANCE 2.19 FAILURE TO ASCERTAIN RELEVANT INFORMATION 2.20 PURSUING IMPROPER OBJECTIVES 2.21 UNREASONABLE DELAY. 2.22 IMPROPER FINDINGS OF FACTS2.23 WRONG ADHERENCE TO POLICY 2.24 FAILURE TO COMPLY WITH ADOPTED OR PUBLISHED PROCEDURES 2.25 RE-HEARING OF ISSUE 2.26 RIGHTS MUST BE CONSTRUED AS MEANINGFUL 3 NATURAL JUSTICE 3.1 OBSERVANCE OF THE PRINCIPLES OF NATURAL JUSTICE 3.1.1 Right to a Fair Hearing 3.1.2 Right to Full Particulars 3.1.3 Right to Consultation 3.1.4 Right To Respond/Make Representations 3.1.5 Duty Not to Make Decision Before Hearing 3.1.6 Right to Reasons 3.1.7 Right to Know of Investigation 3.1.8 Right to Participate Fully in Hearing. 3.1.9 Right to Know of Potential Adverse Findings3.1.10 Right to Legal Representation 4 OBSTACLES TO A JUDICIAL DETERMINATION OF THE MERITS OF A JUDICIAL REVIEW APPLICATION 4.1 SUFFICIENT INTEREST 4.2 LEAVE GRANTED WHERE THERE IS AN ARGUABLE CASE 4.3 DELAY 4.4 MATERIAL DISCLOSURE 4.5 PRIVATE VERSUS PUBLIC FUNCTION 4.6 OUSTER OF JURISDICTION 4.7 MIXING OF CONSTITUTIONAL AND JUDICIAL REVIEW MATTERS 4.8 ALTERNATIVE PROCEEDINGS 4.9 REMEDY SOUGHT MUST BE MEANINGFUL 4.10 PREJUDICE TO THIRD PARTIES 4.11 GOOD ADMINISTRATION 4.12 GRANTING REVIEW OR SUBSTITUTING DECISION 4.13 WRONG PARTY. 4.14 ADJOURNMENTS4.15 NATURE OF DECISION 4.16 REVIEWING EXECUTIVE ACTIONS 4.17 REVIEWING JUDICIAL ACTIONS 4.18 REVIEWING PROSECUTORIAL AUTHORITY 4.19 REVOCATION OF LEAVE 4.20 PRESUMPTION OF REGULARITY 4.21 PREMATURE PROCEEDINGS 4.22 SPECIAL TRIBUNALS 4.23 RIGHT TO INTERVENE 4.24 JUDICIAL REVIEW AS FINAL PROCEEDINGS 5 CONDUCT OF JUDICIAL REVIEW PROCEEDINGS 5.1 NEWSPAPER ARTICLES AS EVIDENCE 5.2 WAIVER OF IRREGULARITY 5.3 FRESH EVIDENCE AND EX POST FACTO REASONS 5.4 RAISING NEW GROUNDS 5.5 IRRELEVANT EVIDENCE 5.6 DISCOVERY 5.7 INTERROGATORIES 5.8 CROSS EXAMINATION.