The composition of parliament

• Public law deals with relations between an individual and the state, or between states
• Modern constitutions with guaranteed fundamental human rights provisions have established Caribbean public law on firm foundations
• Lectures may be copied and circulated without restriction
• If a law passed by a country's Parliament conflicts with the Constitution, it is invalid
• Public law litigation raises fundamental issues about the role and effectiveness of law in public administration and the commitment of government to the rule of law
• Public law issues may arise when a public or statutory body, tribunal, or functionary acts or fails to perform a public duty owed to the individual
• Public law may also mean law dealing with the organisation of government, including criminal, administrative, constitutional, and international law
• Judicial review is the basis of the development of Caribbean public law
• Parliamentary sovereignty is limited by the Constitution in countries where the Constitution is supreme
• Appendices at the end of the Criminal Law Lectures are applicable to this Module
• 'Parliamentary sovereignty' refers to the concept that Parliament can make or repeal any law
• Caribbean public law has been linked with colonial law and UK law applied throughout the region
• The distinction between 'supremacy of the Constitution' and 'parliamentary sovereignty' is a key topic in the syllabus
• One contemporary policy challenge is to bring fairness to the process of administration by controlling the exercise of discretion and providing legal remedies to prevent abuse of power by public bodies and officials
• The term 'supremacy of the Constitution' refers to the concept that the Constitution is the highest law of an independent country
• These lectures are prepared for CAPE® Law Students in Anguilla
• In a British Overseas Territory, such as Anguilla, there is provision for the British Parliament and its delegates to override the Territory's laws and Constitution
• Names for the legislature

  • Parliament
  • Legislative Assembly
  • House of Assembly
• It is accepted that there can be no taxation without representation
• If a law passed by a country's Parliament conflicts with the Constitution, then the Courts will declare the law to be unconstitutional, null and void
• The Supreme Court of each state and territory consists of two layers: the High Court and the Court of Appeal
• The Courts Order 1967 provides for the Supreme Court in the OECS countries
• Organs of Government

  • Legislature
  • Executive
  • Judiciary
• During the Civil War in England, it was established that Parliament was supreme
• The Constitutions of the independent countries of the OECS do not provide for the Supreme Court
• Anguilla is a part of the Eastern Caribbean Supreme Court established by the Courts Order
• Parliament is described as the highest court of the land
• Parliamentary supremacy refers to the concept that Parliament is superior to the King
• The Courts Order is entrenched in the Constitutions and can only be amended in the same way the Constitution can be amended
• Names for the judiciary

  • Supreme Court (High Court and Court of Appeal)
  • Courts of summary jurisdiction (Magistrates Court and Juvenile Court)
  • Privy Council
  • Caribbean Court of Justice
• Supremacy of the Constitution

  The concept that the Constitution is the highest law of an independent country, and all other laws must fall within the parameters permitted by the Constitution
• Names for the executive

  • Cabinet
  • Executive Council
• The Queen or the executive branch of government cannot impose taxes or create laws; only the people’s representatives in Parliament can do so
• An ordinary law of the British Parliament can supersede a British Overseas Territory's Constitution
• The Courts Order is a British statutory instrument made by the Queen under the West Indies Act 1967
• The principal rules that govern the relationship between the people and its government are set out in the Constitution
• The British government does not normally impose a Constitution on an Overseas Territory
• The 1982 Constitution of Anguilla is a British statutory instrument made by the Queen under the power given to her by The Anguilla Act 1980 of the United Kingdom Parliament
• A Constitution of an Overseas Territory may be considered a social contract negotiated by the British Government with the government and people of the Territory in question
• Any legislative or administrative act or omission in conflict with the Constitution is void