Answer ALL questions in this section.
CAPE 2001
1. Discuss the significance of the doctrine of separation in any Commonwealth
Caribbean state of your choice. [10 marks]
2. Evaluate the importance of the ultra vires doctrine in administrative law.
[10 marks]
3. The Minister of Education of a Commonwealth Caribbean state issues a directive that with effect from September of this year all students will be required to attend morning religious services conducted in accordance with the Christian faith. Some parents are upset because they believe that this is a violation of their children’s religious freedom.
They seek your advice in obtaining an injunction against the Minister.
Advise the parents. [10 marks]
CAPE 2002
1. Discuss and illustrate the extent to which the courts in any Commonwealth Caribbean state have enforced the principle of constitutional supremacy.
[25 marks]
2. The Minister of Health of any Commonwealth Caribbean state of your choice had been empowered by Parliament to make rules to ‘regulate’ the medical profession. Advise the Minister on the following issues, using applicable legal principles.
(i) Whether the power to regulate empowers him to set up a mechanism, which includes the imposition of appropriate sanctions, to deal with allegations of indiscipline against medical practitioners.
(ii) Whether he has a legal or constitutional obligation to consult with members of the medical profession; and, if so, to what extent is he bound to implement the views of the medical profession
(iii) To extent to which the regulations must comply with relevant constitutional provisions.
[25 marks]
3. The Parliament of Babel, an independent Commonwealth Caribbean state, proposes to enact into law the following provisions of the Constitution Amendment bill.
(a) To provide for the appointment of lay magistrates to try a backlog of both summary and indictable criminal cases
(b) To make it a criminal offence, punishable by a maximum fine of $250,000 and/or a maximum term of imprisonment of ten years with or without hard labour, for anyone to willfully publish any statement.
The Attorney-General seeks your advice, and the reasons therefore, as to whether these provisions are consistent with the Constitution of Babel; and if they are not, what procedures should be adopted to pass them into law beyond any constitutional challenge.
[25 marks]
CAPE 2006
(b) Identify ONE entrenched provision in the Constitution of a named Commonwealth Caribbean country and explain the procedures by which that provision may be amended.
[5 marks]
2. (a) Define the term ‘locus standi’. [2 marks]
(b) Effie is concerned when the government amends the Terrorism Act empowering the police to conduct DNA tests on all persons detained on suspicion of offences under the Act, without an order of the court.
Explain whether Effie could successfully bring an action against the government.
[8 marks]
3. (a) Using illustrations, distinguish between substantive ultra vires and procedural ultra vires.
[6 marks]
(b) The Mayor of Wonderland, a town in a Commonwealth Caribbean country, wishes to build a community centre for the benefit of the community. The town’s regulations, under the statute establishing it, provide that the Mayor must obtain a majority of the votes of all citizens of voting age before any public buildings are constructed. The Mayor goes ahead with plans for constructing the community centre, without obtaining the votes of the citizens.
Explain whether the citizens can successfully challenge the Mayor’s action. [4 marks]
CAPE 2007
1. (a) Define the term ‘judicial review’. [2 marks]
(c) Outline TWO circumstances in which a court will grant judicial review.
[4 marks]
(a) (i) Identify ONE remedy available to a person who seeks judicial review. \ [1 mark]
(ii) Explain the remedy identified in (c) (i) above. [3 marks]
Total 10 marks
2. Mark has been on death row in a Commonwealth Caribbean state, for over seven years.
He claims that his constitutional rights have been infringed and wants to petition the President or Governor General to have his sentence commuted to life imprisonment.
(a) State any constitutional provision on which Mark may rely. [ 3 marks]
(b) With reference to ONE decided case, outline the likelihood of Mark’s success with his proposed petition. In your answer you should:
(i) Identify the case. [1 mark]
(ii) Outline the facts of the case. [2
marks]
(iii) Explain the legal principle(s) established by the case. [4 marks]
Total 10 marks
3. Describe the composition of the Parliament of a named Commonwealth Caribbean
country. [4 marks]
Describe TWO functions of the Parliament of a named Commonwealth Caribbean
country. [6 marks]
Total 10 marks
Answer all questions in this section 1. Explain, and give ONE example of
(A) Substantive ultra vires (5marks)
(B) Procedural ultra vires (5marks)
Total 10marks 2. (A) What is meant by the term conventions of the constitution? (4marks)
(B) Outline briefly TWO conventions of the constitution of a NAMED
commonwealth Caribbean country. (6marks)
Total 10marks 3. (A) What is meant by an entrenched provision of a constitution? (4marks)
(B) Identify ONE entrenched provision in the constitution of a NAMED commonwealth
Caribbean country. (2marks)
(C) Explain how the provision identified at (B) may be amended. (4marks) Total 10marks
CAPE 2010 Section B
Module 2: principles of pubic law Answer ONE question
1. Professor Fiadjoe posits that in West Indian law, the rule of law has come to mean the exercise of state power according to law and the subjugation of state power to the constitution. Discuss professor Fiadjoe’s view on the rule of law as it relates to the accountability of those who are vested with public responsibilities, citing relevant case law where applicable.
Total 25marks
2. “The case before you falls squarely within the scope of the doctrine of ultra vires.
Public authorities, exercising a quasi-judicial function, cannot be allowed to exceed the authority vested in them by statute.” Discuss the statement above citing decided cases in support of your answer.
Total 25marks
Answer one question.
1. Discuss the doctrine of ‘separation of powers’ with reference to the constitution of a named commonwealth Caribbean country, citing relevant case law where applicable.
Total 25marks 2. (a) With reference to legal authority, outline FIVE elements of ‘the right to a fair
hearing’. (10marks)
(b) Cecile and Ringo are foreigners who belong to a small religious sect, the members of which have been travelling throughout the Caribbean. Upon their arrival in one state, they are granted a permit to remain for six months. Just prior to the expiration of the permit, Cecile and Ringo apply for extensions, on behalf of the group. The parents of some young people claimed to have been converted by the group, send a petition to the Minister of Home Affairs, requesting that - The permits be revoked, if not,
- No extensions be granted.
The parents express fears about tenets of the group’s teachings. What consideration would you advise the Minister of Home Affairs to bear in mind when deliberating the petition from the parents? (15marks)
Total 25marks
CAPE 2012 Section B
Module 2: principles of public law Answer one question
1. “The liberal approach to locus standi is better suited to the cause of litigants seeking judicial review, than is restricted approach.”
Discuss this statement referring to decided cases.
Total 25marks 2. Dr. Sonya Biggs is the permanent secretary in the Ministry of Education.
During the last general elections, her husband, a university professor, was part of a team which advised the opposition party which then formed the government.
After the elections, the new Minister of Education summoned the permanent secretary and told her that he was uncomfortable working with her, as she and her husband were political activist. Dr. Biggs denied the allegation but the Minister informed her that she should proceed on leave. The following week she received a letter from the Minister advising her she would be relieved of her post for “acts of impropriety as a public servant”.
With reference to decided cases and the constitution of a named commonwealth Caribbean state, advise Dr. Biggs on her right to seek redress.
Total 25marks
4. (a) Explain the constitutional significance of the Head of State in any commonwealth
Caribbean country. [10 Marks]
(b) The Prime Minister of Nariah tables in Parliament a report of the Constituency Boundaries Commission. The Report recommends increasing the number of constituencies from seven to nine. In arriving at its recommendation, the commission acted on the instructions of the Prime Minister and did not consult any of the residents in the constituencies affected. The leader of the opposition alleges that the report is unlawful and wishes to bring an action in the high Court against the commission. Advise the commission whether there are any grounds for judicial review.
[15 marks]
OR
5. Morgan is a student at Blancho Secondary School, a state-funded educational institution. Morgan is alleged to have stolen from the cafeteria where he works as a cashier. Dr Grenadine, the Principal expels Morgan.
Section V of the Education Act provides that only the board management of a school may expel a student for misconduct, and only after giving that student a hearing.
Advise Morgan each of the following, referring to one decided case for each:
(i) Whether he has a locus standi [5 marks]
(ii) Whether Blanco Secondary School is subject to judicial review [5 marks]
(iii) The grounds of review against the Blanco Secondary School which are available
[10 marks]
(iv) TWO remedies which are available to him [5 marks]
Total 25 marks
CAPE 2016
1. (a) (i) Briefly explain the what is a ‘service commission’ and give TWO examples of service commission, other than the police service commission. [4 marks]
(ii) With reference to ONE decided case, outline the TWO functions of a service commission in a Commonwealth Caribbean State. [6 marks]
(b) In the State of Boraniah, the Police Service Commission (PSC) suspends the commissioner of police (COP) from office for over a year. The COP is then removed from Office without a hearing. It is later found out that John, a former police officer, sat as a member of the PSC when it decided to suspend and remove the COP from office. The COP had previously recommended John’s removal from the police service
Advise the COP whether he can challenge the lawfulness of his suspension and
removal from office. [15 marks]
Total 25 marks
OR
2. (a) Describe THREE features of the following organs of the state:
(i) Parliament
(ii) Executive [12 marks]
(b) Mr McDonald is appointed as a High Court judge to sit in the family division. The prime minister does not like Justice McDonald. The prime minister tables a bill in parliament entitled “The Family Magistrate Act” which gives to three magistrates the jurisdiction previously enjoyed by a High Court judge in the family division, The bill is passed and becomes a law.
Advise Justice McDonald on whether he can successfully challenge the constitutionality
of The Family Magistrate Act. [13 marks]
Total 25 marks
