Judgment Reviews Law at Saint Lucia
In Saint Lucia, the review of judgments is a multi-tiered process that is a core function of its judicial system, which is based on the English common law tradition. The legal framework for appeals and judicial review is provided by the Constitution of Saint Lucia, the Supreme Court Act, and the Civil and Criminal Procedure Rules.
The Eastern Caribbean Supreme Court (ECSC)
Saint Lucia is part of the Eastern Caribbean Supreme Court (ECSC), which serves as the superior court of record for a number of independent states in the region. The ECSC comprises two main parts:
The High Court: This is the court of first instance for most serious civil and criminal cases. A single High Court judge hears a case and renders a decision.
The Court of Appeal: This court hears appeals from the High Court. The Court of Appeal reviews the lower court's decision on both legal and factual grounds.
The Final Court of Appeal
Historically, the final court of appeal for Saint Lucia was the Judicial Committee of the Privy Council (JCPC) in London. However, in a significant development for its judicial sovereignty, Saint Lucia acceded to the appellate jurisdiction of the Caribbean Court of Justice (CCJ) in 2023. This means that for both civil and criminal matters, the CCJ in Port of Spain, Trinidad and Tobago, is now the highest court of appeal.
Judicial Review
Judicial review is a separate and distinct process from an ordinary appeal. It is a specialized remedy in public law where the High Court, exercising its supervisory jurisdiction, scrutinizes the legality of a decision made by a public body, tribunal, or inferior court. It is not an appeal on the merits of the decision itself, but rather a review of the decision-making process.
The primary grounds for judicial review in Saint Lucia, as outlined in Part 56 of the Civil Proceedings Rules, include:
Illegality: The public body acted outside of its legal powers.
Procedural Impropriety: The decision-maker failed to follow the required procedures or breached the principles of natural justice (e.g., failing to give a fair hearing).
Irrationality: The decision was so unreasonable that no reasonable public body could have made it.
To initiate judicial review, an applicant must first seek leave (permission) from the High Court. The application must be made promptly, and generally within three months of the decision being challenged.
Constitutional Review
The Constitution of Saint Lucia provides a mechanism for reviewing the constitutionality of laws and government actions.
High Court Jurisdiction: Under Chapter VIII of the Constitution, the High Court has the original jurisdiction to hear applications from individuals who allege that a constitutional provision has been contravened.
Referral to High Court: If a lower court (other than the High Court or Court of Appeal) encounters a substantial question regarding the interpretation of the Constitution, it must refer the question to the High Court for a determination.
In summary, the legal system in Saint Lucia provides a clear and robust framework for the review of judgments, from appeals to the higher courts of the ECSC and the CCJ, to judicial review of public bodies, and constitutional review of laws and governmental actions.
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