T. A.

MARRYSHOW COMMUNITY COLLEGE

SCHOOL OF ARTS, SCIENCES AND PROFESSIONAL STUDIES

DEPARTMENT OF SOCIAL SCIENCES AND ENVIRONMENTAL

STUDIES

COURSE OUTLINE

COURSE TITLE: Principles of Public Law

COURSE NUMBER: LAW 142

SEMESTER CREDIT HOURS: 45

COURSE DESCRIPTION:

For the purpose of this Module the term “Public Law” refers to two areas, namely,
administrative and Constitutional Law, with the greater emphasis on Constitutional Law.

GENERAL OBJECTIVES:

On completion of this Module, students should:

1. understand the overall concept of public law;

2. comprehend the principles of public law;
3. develop skills in applying legal principles to fact situations.

SPECIFIC OBJECTIVES:

TOPIC 1. Students should be able to;

1. describe the peculiar characteristics of the constitution of one
Commonwealth Caribbean state;

TOPIC 2: Students should be able to;

1. explain the general principles of Commonwealth Caribbean Constitutional
Law;

TOPIC 3: Students should be able to:

1. Interpret the general principles of Administrative Law;
2. explain the relevant concepts of public law;

TOPIC 4: Students should be able to:

1. apply the relevant concepts and principles to given fact situations.

1
CONTENT:

1. One Commonwealth Caribbean Constitution - its characteristics

(viewed historically), independence, entrenchment, fundamental rights
protection;

(i) examination of the organs of the State for example, the organization
and structure of the legislature in one territory.
(ii) separation of powers;
(iii) rule of law including the role of the police in law enforcement;
(iv) independence of the judiciary;
(v) supremacy of the Constitution.

2. The Ultra Vires Doctrine

(i) unlawful state or administrative decision and action;

(ii) Jurisdiction – lack and excess.

3. Judicial Review:

(i) Breach of one’s fundamental rights;

(ii) Breach of a provision of the Constitution other than fundamental
rights;
(iii) Breach of the provision of some statue other than the Constitution;
(iv) Supervision of tribunals, arbitrations and other bodies;
(v) Grounds.

4. Locus standi – who can sue and who to use.

METHOD OF INSTRUCTIONS:

In order to achieve the objectives of this Module, the Teacher will engage students in the
activities listed below.

1. Allow students to participate in group projects and presentations based on

research different aspects of the relevant principles of Public law.

2. Engage students in conducting peer evaluation of the projects on aspects of

public law and presentation.

3. Assign students to produce a scrapbook of newspaper clippings and research

material on aspects of public law.

4. Develop a law resource library on issues of public law, which can be added

2
 annually.

5. Allow students to participate in moots and debates on public law issues.

ASSESSMENT:

1. Course Work (40%)

2. Final Examination (60%)

REQUIRED TEXT:

Alexis, F. Changing Caribbean Constitutions, Bridgetown: Antilles

Publications, 1983

The Constitution of various countries.

Fiadjoe, A. Commonwealth Caribbean Public Law, London Cavendish,

1999.

CASES

Thomas v AG (1992) AC 113

Lilleyman v IRC (1972) 18 WIR 227

Collymore v AG (1967) 12 WIR 5

Maharaj v AG (1979) AC 385

Hinds v R (1977) AC 195