ABSTRACT
What is judicial review? The power of judicial review may be defined as the jurisdiction of the superior courts to review laws, decisions, acts and omissions of public authorities in order to ensure that they act within their given powers. Broadly speaking, it is the power of the courts to keep public authorities within proper bounds and legality. To the extent that it is employed as a fetter on State power, it is a most important constitutional tool. For example, a public authority must direct itself properly on the law and it must not use its powers for improper purposes. It must be noted that the court has no jurisdiction suo motu to apply judicial review. Its jurisdiction is always invoked at the instance of a person who is prejudiced or aggrieved by an act or omission of a public authority. It is partially for this reason that questions of standing to bring proceedings for judicial review have been quite controversial in this area of the law.1 Nevertheless, Caribbean courts have been able to apply the power of judicial review deftly in several critical areas of public law. Once an applicant satisfies the requirement of locus standi, an applicant may bring proceedings for judicial review even if there is no decision on which a prerogative order can legally rest. This is because judicial review is wider than the old prerogative orders. Accordingly, one can seek redress in judicial review by the most suitable remedy and there would be no obstacle to the grant of, say, a declaration merely because certiorari could not be granted or was inappropriate.
