Course Title: Principles of Public Law

Course Code: CLW 102

Course Provider: St. Vincent and the Grenadines Community College
Division: Division of Arts, Sciences and General Studies
Programme/Level: CAPE Advanced Level Law
No. of Credits: 3
Semester in which Year I; Semester I
Course is offered:
No. of teaching 45 Hours(sessions)
sessions:
Course Description: This module examines the principles of Public Law, which refers to two areas
of law, namely administrative and constitutional law. It identifies the main
characteristics of the constitutions of the Commonwealth Caribbean states
including provisions for the separation of powers aimed at guaranteeing the
independence of the judiciary. The module also outlines the procedures for
judicial review as well as the concepts such as the Ultra vires doctrine and
locus standi.
Course Rationale: The study of Public Law equips the student with an understanding of the
structure of the organs of state, their prerogative powers under the
constitution, their interaction with each other and with the citizenry. This
course empowers students with a comprehensive knowledge of the processes
available to them, where their rights have been violated by public officials, the
procedures via which a review of unfair decisions can be accessed and the
remedies available to them in such situations.
The course is a practical one for persons who are employed in the Public
service, as well as the ordinary citizens who find themselves to be victims of
unjust Public officials.
Learning Outcomes: Upon successful completion of this course, the student will be able to:

 Distinguish between the supremacy of the Constitution and

Parliamentary Sovereignty;
 Describe the fundamental rights under the constitution;
 Describe the role and functions of Service commissions;
 Outline the composition of Parliament;
 Analyse the concept of the separation of powers, including the
independence of the judiciary;
 Outline the appointment and functions of the Head of State;
 Analyse the concept of the rule of law;
 Describe the general principles of Administrative Law and
Constitutional Law.

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Pre-requisites: I or II at CSEC English A;

I or II at CSEC English BOR

I, II or III at CSEC History

Co-requisites: Some knowledge of Caribbean Law and Legal Systems.
Prescribed Text: Fiadjoe, Albert. Commonwealth Caribbean Public Law. Third ed. Routledge-
Cavendish, 2008.
ISBN 10 ; 1-85941-632-2
ISBN 13: 978-1-85941-632-7
Additional Phillips, Sir Fred. Commonwealth Caribbean Constitutional Law.
Readings: Barnett. Constitutional and Administrative Law
Gerangelos, Peter. The Separation of Powers and Legislative
Interference in the Judicial Process
Method of Delivery: Face-to-face power-point presentations.
Examples and illustrations will be used to aid students’ understanding of the
different principles and cases.
Field visits to the courts and parliament where appropriate.
Class debates.
Core Content: This course will cover the following areas of Public Law:

Characteristics of the Constitution of any one Commonwealth

Caribbean state

1. Differences between the supremacy of the Constitution vs.

Parliamentary Sovereignty.

2. The fundamental rights under the Constitution.

3. The role and functions of Service Commissions.

4. The composition of Parliament.

5. The concept of the separation of powers, including the independence

of the judiciary.

6. The appointment and functions of the Head of State.

7. The concept of the rule of law.

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 8. Judicial Review:

(I) Ultra Vires

(a) Unlawful administrative decisions and actions by the
state;

(b) Distinction between procedural and substantive ultra

vires;

(II) Breach of one’s fundamental rights;

(III) Breach of the provision of some statute other than the

constitution;

(IV) Grounds for Judicial Review specific to:

(a) Breach of the principles of natural justice and legitimate
expectation;

(b) Improper delegation of powers;

(c) Abuse of discretion.

(V) Locus Standi-liberal vs. restrictive approach.

Course Calendar:
Weeks 1-2 Characteristics of the Constitution of any one Commonwealth
Sessions 1-6 Caribbean state

Specific Objectives:

Upon completion of this Topic

Students should be able to:

 Define Public Law.

 Explain what is a constitution
 Identify the various key provisions of Commonwealth Caribbean
Constitutions.
 Make a distinction between the supremacy of the Constitution and
that of parliamentary sovereignty.

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 Content:

1. Differences between the supremacy of the Constitution vs.

Parliamentary sovereignty.

In the UK it is the parliament which enjoys sovereignty, this means that the
legislative powers of parliament to create laws reigns supreme over any other
source of law in the United Kingdom. The courts may not question any action
of the parliament as their accts are sovereign.
In the Commonwealth Caribbean territories it is the Constitution which is
supreme and all other law emanate from and is subject to it. Hence in the
Caribbean jurisdiction, the actions of parliament can be challenged in a court
of law.

UK as distinct from Commonwealth Caribbean constitution:

A. The UK constitution is unwritten

Commonwealth Caribbean constitutions are written documents
B. There is no entrenchment of the UK Bill of Rights
The Bill of Rights is enshrined in commonwealth Caribbean
Constitutions
C. In the UK it is the parliament which is sovereign
It is the Constitutions of the Commonwealth Caribbean territories
which enjoy supremacy.
D. Parliamentary legislation is not subject to the scrutiny of the UK courts
Parliamentary legislation is subject to the scrutiny of the
Commonwealth Caribbean courts which ensure that all laws are
within the Constitutional framework.

Cases: Collymore and Abrahams v. Attorney General (1970)

Hinds v R. (1977)

Required Reading:

Fiadjoe, Albert. Commonwealth Caribbean Public Law. Third edition. Chapter

1.
Fiadjoe, Albert. Commonwealth Caribbean Public Law. Third edition. Chapter
7.
CAPE: Caribbean Examinations Council. Law UNIT 1. Chapter 4.

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Weeks 3-4 The fundamental rights under the Constitution.
Sessions 7-12 Specific Objectives:

Upon completion of this Topic

Students should be able to:

 Identify the major fundamental rights which are enshrined in

Commonwealth Caribbean Constitutions

 Understand and apply the legal principles in supporting case law

The fundamental Rights under the constitution

‘It seems to be fairly logical that the citizen’s legitimate expectation to
accountability from the government should be anchored on a credible and
efficient protection of fundamental rights coupled with a viable enforcement
mechanism.’
M. DeMerieux Fundamental rights in Commonwealth Caribbean Constitutions

Content:

1. Below is a list of some of the rights that are protected by and

enshrined in the fundamental rights section of Commonwealth
Caribbean Constitutions:

A. The right to life

B. The right to freedom of worship
C. The right to protection against arbitrary search and seizure
D. The right to freedom of expression
E. The right to protection from deprivation of property.

2. Breaches of Fundamental Rights Provisions

3. The question of Locus Standi

Cases:
Inland revenue commissioner and Attorney General v Lilleyman and Others
(1964)
Maharaj v Attorney General of Trinidad & Tobago (1978)

Required Reading:
Fiadjoe, Albert. Commonwealth Caribbean Public Law. Third edition. Chapter
6.
CAPE: Caribbean Examinations Council. Law UNIT 1. Chapter 4.

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 Course Calendar
Week 5 The role and functions of the service commissions
Sessions 13-15 Specific Objectives:

Upon completion of this Topic

Students should be able to:

 Understand the historical development of the Public service

 Identify the structure of the Public service in at least one
commonwealth Caribbean territory
 Explain the role and functions of the service commissions

Content:

In most Commonwealth Caribbean Territories the Constitution vest the Public

Service Commissions with the power to do the following:

1. Appoint public officers

2. Discipline public officers
3. Remove public officers

In other territories it is the Governor General acting on the recommendations

of the commission who is vested with the powers identified above.

4. A farewell to dismissal at pleasure

Cases:
Thomas v AG (1982)
King v AG of Barbados (1994)
Hector v AG of Antigua and Barbuda & Others (1990)

Required reading:
Fiadjoe, Albert. Commonwealth Caribbean Public Law. Third edition. Chapter
8.
CAPE: Caribbean Examinations council. Self-study Guide. UNIT 1 Chapter 4

Week 6 The composition of Parliament

Sessions 16-18
Specific Objectives

Upon completion of this Topic

Students should be able to:

 Identify the structure of the parliament

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  Examine the powers of each House of parliament
 Differentiate the composition of each House of parliament

Section34 of the Constitution of Jamaica establishes a parliament for Jamaica.

The parliament is bi-cameral in nature; that is, having two chambers, namely
the Upper House or Senate (section35) and a Lower House or House of
Representatives (section36).

Content:

The Lower House-The House of Representatives (60 seats)

1. The Executive
 The Prime Minister
 Leader of gov’t business in the House
 Ministers (elected members with portfolio)
 The Attorney- General
 Parliamentary Secretaries

2. The Opposition:
 The leader of the Opposition
 The Opposition chief whip
 Other elected minority members

3. The Upper Chamber-The Senate:

5. The senate comprises 21 members:

 13 appointed by the Prime Minister
 8 appointed by the Leader of the Opposition

Required Reading:
Fiadjoe, Albert. Commonwealth Caribbean Public Law. Third edition. Chapter
7.
CAPE: Caribbean Examinations Council. Law UNIT 1. Chapter 4.

Weeks 7-8 The Concept of the Separation of Powers

Sessions 19-24
Specific Objectives

Upon completion of this Topic

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 Students should be able to:

 Define and explain the doctrine of separation of Powers

 Identify the three organs of government
 Distinguish the operation of this doctrine in the UK as opposed to the
territories of the Commonwealth Caribbean.

Content:

1. The three organs of government:

 The Executive
 The Legislature
 The Judiciary

2. The role and functions of each organ of government.

Cases:
Hinds v R (1977)
Benjamin et al v Min of Information et al Suit no. 56 of 1997 (Anguilla)
J Astaphan& co (1970) Ltd v The Comptroller of Customs and AG of Dominica
(1994)

Required Reading:
Fiadjoe, Albert. Commonwealth Caribbean Public Law. Third edition. Chapter
7.
CAPE: Caribbean Examinations Council. Law UNIT 1. Chapter 4.
Week 9 The appointment and functions of the Head of State
Sessions 25-27 Specific Objectives:

Upon completion of this Topic

Students should be able to:

 Define who is the Head of state

 Explain how appointments are made to the position
 Identify the functions of the Head of state
For the republican territories of the Commonwealth Caribbean, the head of
state is the President as in Guyana (executive) and Trinidad & Tobago
(ceremonial). In Commonwealth Caribbean territories which are Constitutional
Monarchies the head of state is the Governor-General who represents the
Queen.

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 Jamaica is a Constitutional Monarchy. Section 68 of the Constitution provides
that the executive authority of Jamaica is vested in Her Majesty who is
represented by the Governor-General of Jamaica.

Content:

1. Who is the Head of state in Commonwealth Caribbean territories

which are:

 Constitutional Monarchies
 Republican States

2. The role and functions of the Head of state in the Commonwealth

Caribbean.

Required Reading:

Fiadjoe, Albert. Commonwealth Caribbean Public Law. Third edition. Chapter

7.
CAPE: Caribbean Examinations Council. Law UNIT 1. Chapter 4.
Weeks 10-12 The Concept of The Rule of Law
Sessions 28-36
Specific Objectives:

Upon completion of this Topic

Students should be able to:

 Define what is meant by the term‘Rule of Law’

 Identify and discuss the eight (8) sub-rules of the rule of law in
Caribbean Public Law jurisprudence

 Explain the concept of the ‘Rule of Law’ and accountability in the

following:
 The Executive
 The Legislature
 The Judiciary
 Other State Institutions

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 Content:

1. Definition of the concept ‘Rule of Law’

2. The eight (8) sub-rules of the ‘Rule of Law’:

A. Accessibility, which means that the law must be accessible and as

far as possible intelligible, clear and predictable;
B. Limiting of discretion, which means that questions of legal rights
and liability should ordinarily be resolved by application of the law
and not the exercise of discretion;
C. Universal application, which means that the laws of the land
should apply equally to all, save to the extent that the objective
differences justify different action;
D. Protection of fundamental rights, which means that the law must
afford adequate protection of fundamental human rights;
E. Right of access to courts, which means that avenues must be
provided for resolving without prohibitive cost or inordinate
delay, bona fide civil disputes, which the parties themselves are
unable to resolve;
F. Need for reasonableness and good faith in the exercise of power
by public officials;
G. Fairness of procedure in adjudicative procedures; and
H. Compliance with International obligations.

3. The Rule of Law and accountability by the three organs of state:

 The Executive arm;

 The Legislative arm;
 The Judicial arm.

Cases:
Hochoy v Nuge (1964)
King v AG of Barbados (1994)
Maharaj v AG of Trinidad & Tobago (1979)

Required Reading:
Fiadjoe, Albert. Commonwealth Caribbean Public Law. Third edition. Chapter
5.
CAPE: Caribbean Examinations Council. Law UNIT 1. Chapter 4.

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Weeks 13-15 Judicial Review:
Sessions 37-45
Specific Objectives:

Upon completion of this Topic

Students should be able to:

 Define what is meant by the concept of ‘Judicial review’

 Explain the doctrine of Ultra Vires
 Explain how judicial review applies in light of breach of one’s
fundamental rights.
 Explain how judicial review applies in light of breach of statutory
provisions;
 Identify grounds for Judicial Review to:
Breach of the principles of natural justice and legitimate
expectation
Improper delegation of powers
Abuse of discretion.
Locus Standi-Liberal vs, restrictive approach.

Content:
1. What is meant by Judicial Review

2. The doctrine of Ultra Vires:

(a) Unlawful administrative decisions and actions by the state;

(b) Distinction between procedural and substantive ultra vires;

3. Breach of one’s fundamental rights

4. Breach of the provision of some statute other than the Constitution;

5. Grounds for Judicial review specific to:

 Breach of the principles of natural justice and legitimate expectation;
 Improper delegation of powers;
 Abuse of discretion.

6. Remedies available under Judicial review

7. Locus Standi-Liberal vs. restrictive approach

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 8. Breach of the provision of some statute other than the Constitution;

9. Grounds for Judicial review specific to:

 Breach of the principles of natural justice and legitimate expectation;
 Improper delegation of powers;
 Abuse of discretion.

10. Remedies available under Judicial review

11. Locus Standi-Liberal vs. restrictive approach

Cases:
Ultra Vires Doctrine:
Thomas v Attorney-General (1981)
Judicial Review:
Inland Revenue Commissioner and Attorney-General v Lileyman and Others
(1964)
Maharaj v Attorney-General of Trinidad & Tobago (1978)

Required Reading:
Fiadjoe, Albert. Commonwealth Caribbean Public Law. Third edition.
Chapters 2, 3, 11, 12.
CAPE: Caribbean Examinations Council. Law UNIT 1. Chapter 4.
**This Module will be examined as a Mid-semester exam in Semester
II

Assessment by written papers (100% of total Assessment)

Method of
Assessment Paper 01 25 marks 20%
Paper 02 50 marks 40%
Assignment 25 marks 40%
Total 100%

( 30 minutes – 5% of final assessment)

Paper 01
This paper will consist of Twenty-five(25) multiple-choice items. There will be
Composition of
approximately Three(3) questions based on each of the eight core topics in
Paper
this module.

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Module coverage (I) Knowledge of the entire module is required

(II) The intention of this paper is to test candidates’ knowledge across

the breath of this module.

Question Type Each multiple-choice item will test either Conceptual Knowledge or Use of
Knowledge.

(I) One (1) mark will be assigned for each question.

Mark Allocation
(II) The total number of marks available for this paper is 25.

This paper contributes 20% towards the final assessment.

Paper 02 1 hour 30 minutes – 40% of final assessment)

This paper will be divided into two sections; Section A and Section B

Composition of (I) This paper will consist of Three (3) questions, withthe
paper Threequestions based on any of the eight (8) Topics of the
Module.

(II) Candidates will be required to answer Two(2)

questions,One(1)question selected from Three (3) questions in
Section A and ONE(1) question selected from a choice of TWO (2)
questions in Section B. A total of Two (2) questions.

Module coverage
(I) Each question requires a greater depth of understanding than
those questions in Paper 01.

(II) Each question will assess one of any of the eight (8)Topics in this
Module.

(III) Each question may be based on a single theme or

unconnectedthemes.

(IV) The purpose of this paper is to test candidates’ in-

depthknowledge of the Module.

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Question Type
(I) A question may require a short response or an extended response.

(II) There shall be Three (3) Essay type questions and TWO (2)
problem based questions. A total of Five (5) questions.

(III) The questions will test both Conceptual Knowledge and Use of
Knowledge.

Mark Allocation (I) Each question will be allocated 25 marks.

(II) The maximum marks available for this paper is 50.

This paper contributes 40% towards the final assessment.

Assignments (I) There shall be ONE (1) assignment on any one (1) of the eight (8)
Topics in this Module.

(II) The question will test both Conceptual Knowledge and Use
ofKnowledge and may take the form of an essay or problem
based question.

(III) The assignment will be allocated 25 marks, this score will account
for 20% of the final mid-term assessment.

**The final mark awarded to the SBA shall account for 20% of assignment
assessment

Assignments will account for 10% of the final assessment.

Assignment 25 marks 20%

SBA 25 marks 20%
Total 50 marks 40%

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