Beruflich Dokumente
Kultur Dokumente
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Pre-requisites: I or II at CSEC English A;
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8. Judicial Review:
Course Calendar:
Weeks 1-2 Characteristics of the Constitution of any one Commonwealth
Sessions 1-6 Caribbean state
Specific Objectives:
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Content:
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.
Required Reading:
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Weeks 3-4 The fundamental rights under the Constitution.
Sessions 7-12 Specific Objectives:
Content:
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:
Content:
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
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Examine the powers of each House of parliament
Differentiate the composition of each House of parliament
Content:
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
Required Reading:
Fiadjoe, Albert. Commonwealth Caribbean Public Law. Third edition. Chapter
7.
CAPE: Caribbean Examinations Council. Law UNIT 1. Chapter 4.
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Students should be able to:
Content:
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:
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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:
Constitutional Monarchies
Republican States
Required Reading:
Identify and discuss the eight (8) sub-rules of the rule of law in
Caribbean Public Law jurisprudence
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Content:
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:
Content:
1. What is meant by Judicial Review
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8. Breach of the provision of some statute other than the Constitution;
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
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Module coverage (I) Knowledge of the entire module is required
Question Type Each multiple-choice item will test either Conceptual Knowledge or Use of
Knowledge.
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.
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.
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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.
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
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