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Essay / Research Paper Abstract
This 4 page paper considers the recent grating of status by the Cabinet in the Cayman Islands and considers whether or not this could be subject to a successful judicial review application. The bibliography cites 3 sources.
Page Count:
4 pages (~225 words per page)
File: TS14_TEcayjudr.rtf
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Unformatted sample text from the term paper:
the separation of the powers. The bodies that carryout administration are given a level of power which should not be exceeded. It appears there are currently issues regarding the
Caymanian status by the Cabinet under the provisions of section 20 (d) of the Immigration Law, where there is a conflict of interests when one of those receiving the grant
was also one who advised the cabinet on the legality of the status grants (Anonymous, 2004). In addition to this there are also concerns over the acceptance of the gift
by so many of the judiciary, as such the Caymanian Bar Associations (CBA) has been to attempt to seek a judicial review, and the question is whether or not
this will succeed. Almost any decision that is made by a judicial body, a public body or a quasi public bodies will be susceptible to judicial review. In a
judicial review there is the ability for the court to consider the underling rules and regulations, along with their legality. These can include statutory instruments, orders in council as well
as any other rules or regulations that have their authority originating with parliament or statute. There are grounds on which a review may be sought, this was seen in
the case of Council of Civil Service Unions v Minister for the Civil Service [1985] AC 374. The three broad categories were illegality, irrationality and procedural irregularity (Thompson, 2002).
Lord Diplocks classification of illegality is the category that contains the most basic of judicial review doctrines, that of ulta vires. This means beyond (ultra) power (vires). This is an
idea very basic to administrative law. Any public body will be given power to deal with their remits. This power has limits, and as such the authority has boundaries which
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