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    How to Exercise Statutory Powers Properly: Cayman Islands Administrative Law
    How to Exercise Statutory Powers Properly: Cayman Islands Administrative Law
    How to Exercise Statutory Powers Properly: Cayman Islands Administrative Law
    Ebook284 pages3 hours

    How to Exercise Statutory Powers Properly: Cayman Islands Administrative Law

    By Bilika H. Simamba

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    About this ebook

    In How to Properly Exercise Statutory Powers, you will find a synthesis of the principles and rules that courts in the Cayman Islands, as well as the House of Lords (now the Supreme Court of the UK) and the UK Privy Council, apply in curbing excesses of power. The author believes it is the first work ever on Caymanian Administrative Law. The principles and rules are discussed in a manner intended to make it easy for non-lawyers to understand but without sacrificing legal accuracy. Though written primarily for the general public in terms of its plain style, it is hoped that attorneys will also find it useful as a quick reference. Further, because it also discusses the law as it has evolved from its British origins to date, other British Overseas Territories and generally other countries in the Commonwealth may find it helpful. Students may also find that its brevity makes for a useful revision tool. There is also a special chapter on the Office of the Complaints Commissioner. Comments on the book may be sent to bsimamba@yahoo.co.uk
    LanguageEnglish
    PublisherAuthorHouse
    Release dateNov 9, 2012
    ISBN9781477281406
    How to Exercise Statutory Powers Properly: Cayman Islands Administrative Law
    Author

    Bilika H. Simamba

    Bilika H. Simamba was trained as a legislative drafter in Britain and Canada. Since then he has drafted legislation full-time for over two decades in four jurisdictions in the British Commonwealth and has also undertaken short-term consultancies. His articles on legislative drafting and in selected areas of substantive law have appeared in leading journals in the United Kingdom, Germany, South Africa, Zambia and elsewhere. He has worked as a long-term consultant for the Commonwealth Fund for Technical Cooperation, fielded to the Caribbean, and on two World Bank technical assistance projects in Africa. Mr. Simamba has also taught legal drafting at the International Development Law Institute in Rome, Italy.

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      Book preview

      How to Exercise Statutory Powers Properly - Bilika H. Simamba

      HOW TO EXERCISE

      STATUTORY POWERS

      PROPERLY

      Cayman Islands Administrative Law

      Bilika H Simamba

      LLB, LLM (Zambia), LLM in Legislation (Ottawa)

      Advocate of the High Court for Zambia

      US%26UKLogoB%26Wnew.ai

      AuthorHouse™

      1663 Liberty Drive

      Bloomington, IN 47403

      www.authorhouse.com

      Phone: 1-800-839-8640

      © 2012 by Bilika H. Simamba. All rights reserved.

      No part of this book may be reproduced, stored in a retrieval system, or transmitted by any means without the written permission of the author.

      Published by AuthorHouse 2/14/2013

      ISBN: 978-1-4772-8142-0 (sc)

      ISBN: 978-1-4772-8140-6 (e)

      ISBN: 978-1-4772-8141-3 (hc)

      Library of Congress Control Number: 2012919726

      Any people depicted in stock imagery provided by Thinkstock are models,

      and such images are being used for illustrative purposes only.

      Certain stock imagery © Thinkstock.

      Because of the dynamic nature of the Internet, any web addresses or links contained in this book may have changed since publication and may no longer be valid. The views expressed in this work are solely those of the author and do not necessarily reflect the views of the publisher, and the publisher hereby disclaims any responsibility for them.

      Contents

      CASES

      LEGISLATION

      FOREWORD

      PREFACE

      ACKNOWLEDGEMENTS

      CHAPTER 1 INTRODUCTION

      1.1   What this book is about

      1.2   Human rights and the Constitution

      1.3   European human rights standards in Cayman

      1.4   What is judicial review?

      1.5   Acts and authorities that are subject to judicial review

      1.6   Obtaining leave to apply for judicial review

      1.7   Difference between appeal and judicial review

      1.8   Circumstances that may preclude judicial review

      1.9   Who can apply for judicial review?

      1.10   What the court considers before granting leave to apply for review

      CHAPTER 2 GROUNDS OF REVIEW

      2.1   Exceeding the limits of power

      2.2   Delegating powers which should not be delegated

      2.3   Rules of natural justice and legitimate expectation

      2.4   Abuse of discretion

      2.5   Abdication of authority

      2.6   International conventions

      2.7   Caribbean Community law

      CHAPTER 3 MISCELLANEOUS MATTERS

      3.1   Policy matters that are not for review

      3.2   Exclusion of, and time limits for, judicial review

      3.3   Orders that a court can issue

      3.4   Termination of public officers: legal effects and remedies

      CHAPTER 4 OFFICE OF THE COMPLAINTS COMMISSIONER

      4.1   History of Ombudsmen

      4.2   Establishment, appointment and functions of Commissioner

      4.3   How investigations are requested, initiated and handled

      4.4   Who can complain and how long after the fact?

      4.5   Final result of a complaint

      4.6   Protection against defamation laws

      4.7   Appeals from the Commissioner’s decisions

      APPENDIX: JUDICIAL REVIEW PROCEDURES

      A.1   Consolidation of actions

      A.2   Damages

      A.3   Declaration

      A.4   Delay

      A.5   Disclosure of evidence

      A.6   Discovery

      A.7   Ex parte proceedings

      A.8   Habeus Corpus

      A.9   Joinder of parties

      A.10   Leave to apply

      A.11   Stay of proceedings

      A.12   Time limit

      BIBLIOGRAPHY

      DEDICATION

      For

      My Caymanian Friends

      and

      Everyone Living in the Cayman Islands

      CASES

      LEGISLATION

      Legislation: Cayman Islands

      Complaints Commissioner Law (2006 Revision)

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