This new edition continues to depict the various ways in which Caribbean courts seek to protect the citizen against the abuse of state power through the powerful tool of judicial review. Illustrations are drawn from both constitutional and administrative law. Between these two subject areas, there is illustration of how the courts utilise their power of judicial review not only to control state legislative authority but also the exercise of discretion by public authorities. Focusing on the established legal principles through Caribbean cases, critique and commentary are added where appropriate while some suggestions for reform are also discussed.

Professor Albert Fiadjoe is Professor of Public Law at the University of the West Indies, Cave Hill Campus, in Barbados.

Foreword	p. xiii
Preface	p. xv
Table of Cases	p. xvii
Table of Legislation	p. xxxiv
Table of Abbreviations	p. xli
The Ambit of Public Law
Public Law Defined	p. 3
Introduction	p. 3
The Rise of Public Law	p. 6
Constitutional Law and Administrative Law - Nexus or Divide?	p. 10
Judicial Review	p. 15
Introduction	p. 15
The special situation of Guyana	p. 18
The Distinction Between Review and Appeal	p. 22
The Impact of Judicial Review on the Law of Remedies	p. 25
The Grounds for Judicial Review	p. 27
Substantive ultra vires	p. 29
Procedural ultra vires	p. 32
Improper delegation of power	p. 33
The rules of natural justice and legitimate expectation	p. 35
Abuse of discretion	p. 36
Errors of law and fact	p. 49
Reasons for decisions	p. 52
Limits to Judicial Review?	p. 56
Summation	p. 60
Exclusion of Judicial Review, the Public and Private Law Boundary, Habeas Corpus	p. 61
Introduction	p. 61
Exclusion of Judicial Review	p. 61
Ouster Clauses	p. 63
Constitutional ouster clauses	p. 66
Statutory ouster clauses	p. 77
An attempt at a reconciliation?	p. 82
Judicial Restraint	p. 82
Authorities Amenable to Judicial Review	p. 84
Protection against abuse of political power / mala fides	p. 91
Habeas Corpus	p. 94
The Administrative Justice Act of Barbados	p. 100
Extent of Coverage of the Act	p. 100
Application for Judicial Review	p. 102
Grounds for Relief	p. 103
Remedies	p. 104
Persons Entitled to Relief	p. 107
Interlocutory Applications, the Power of the Court to Refuse Relief and to Remit a Case	p. 108
Acting in a Public Office	p. 110
Habeas Corpus and the Attorney General's Relator Power	p. 111
Administrative Procedures	p. 112
Judicial Recognition	p. 113
The Aja, the Crown and the Cabinet	p. 114
Recent case law	p. 117
Evaluation and Assessment	p. 119
The Administrative Justice (Improvement) Act 1998 of St Lucia	p. 121
Judicial Review Act 2000 of Trinidad and Tobago	p. 121
The situation in Jamaica and the Eastern Caribbean	p. 123
Summation	p. 124
Legitimate Expectations of the Citizenry
The Rule of Law	p. 129
Introduction	p. 129
Accountability and the Executive Arm of Government	p. 130
Accountability and the Legislative Arm of Government	p. 136
Accountability and the Judiciary	p. 141
Accountability and other State Institutions	p. 142
Summation	p. 149
Fundamental Rights and Their Protection	p. 150
Introduction	p. 150
Breaches of the Fundamental Rights Provisions	p. 150
The Question of Locus Standi	p. 160
Select Issues in Constitutional Law
Constitutional Fundamentals	p. 169
Introduction	p. 169
Separation of Powers	p. 169
Meaning and purpose	p. 169
Hinds and its import	p. 170
The preferred meaning of the doctrine	p. 172
Other residual issues	p. 177
Conventions of the Constitution	p. 178
Have conventions survived the constitutional text?	p. 178
Codification of conventions in West Indian constitutions	p. 181
Non-codified conventions	p. 182
A West Indian perspective	p. 182
Summation	p. 184
The Public Service	p. 185
The British Inheritance	p. 185
The Establishment of the Public Service in West Indian Constitutions	p. 186
The Functions of the Public Service Commissions	p. 188
A Farewell to Dismissal at Pleasure?	p. 191
The Nature of the Contract of Employment	p. 196
The Role of the Public Service	p. 198
A Loophole Against Depoliticisation	p. 200
Safeguards of Judicial Independence	p. 202
A Non-Traditional Approach	p. 202
A Regional Court of Appeal for the Caribbean	p. 204
The assisting and resisting factors to the CCJ	p. 208
The Administration of Justice	p. 211
Access and Alternative Dispute Resolution Methods	p. 216
Select Issues in Administrative Law
The Ombudsman	p. 221
The Establishment of the Office	p. 221
Appointment, Removal and Vacation of Office	p. 222
Functions of the Ombudsman	p. 223
The Complainant	p. 228
Procedure of Investigation	p. 228
Findings	p. 229
Evaluation	p. 231
Postscript	p. 233
Natural Justice and the Doctrine of Legitimate Expectation	p. 235
Applicability and Scope	p. 235
The Right to a Fair Hearing	p. 239
The right to make representations	p. 240
Notice of a charge and full particulars thereof	p. 245
A right to legal representation?	p. 247
Constitutional dimension to natural justice	p. 250
Exceptions to the right to be heard	p. 253
The Rule Against Bias	p. 255
Financial interest	p. 256
Non-pecuniary bias	p. 257
Exclusion of the rule against bias	p. 267
The Doctrine of Legitimate Expectation	p. 267
Origins and evolution	p. 267
A Caribbean approach?	p. 275
Recent developments	p. 279
Remedies	p. 284
Introduction	p. 284
The Public Law Remedies	p. 286
Certiorari	p. 286
Mandamus	p. 288
Prohibition	p. 290
The Private Law Remedies	p. 290
Injunction	p. 290
Declaration	p. 291
Damages	p. 292
Restitution	p. 295
The Trend Toward Reform	p. 295
Postscript	p. 297
The Reform Process
Public Law Reform	p. 301
The Constitution - A Promissory Note?	p. 301
The Continued Expansion of the Role of Government	p. 301
The impact of structural adjustment programmes	p. 301
Constitutional law reform	p. 302
Judicial Review - An Accelerator or a Brake on Governmental Policy?	p. 305
The Crown in Caribbean Public Law	p. 306
A Reinvigorated Public Service?	p. 307
Accountability, Transparency and Official Secrets	p. 308
Promotion of Non-Judicial Review Processes	p. 309
An Administrative Appeals Process	p. 310
Public Law/Private Law Divide	p. 310
Access to Justice and Public Information	p. 311
Campaign financing and funding of political parties	p. 314
A Watchful and Vigilant Bar	p. 315
Conclusion	p. 315
Bibliography	p. 317
Index	p. 325
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