Cape Law ( Classification of Law)

Public Law
Public Law is that part of law which governs relationship between individuals and the
Government and those relationships between individuals which are of direct concern to society .
In other words , it is the body of law governing relations between a state and its citizens and
dealing with the structure and operation of Government.
Public Law comprises Constitutional Law, Administrative Law , Tax Law and Criminal
Law as well as all Procedural Law.

Constitutional Law
This is a body of Law which defines the role ,powers and structure of different entities within a
state , namely , The Executive , The Legislature (Parliament) and The Judiciary ; as well as the
basic rights of citizens . It is the law that relates to interpreting ,implementing and amending the
Constitution.. It is the body of law that evolves from a Constitution ,setting out the fundamental
principles according to which a state governed and defines the relationship between the various
branches of Government within a state.

Administrative Law
This is a body of Law that governs the activities of the administrative operations of Government
and agencies .It is the legal frame work within which public administration is carried out. It
governs the internal operations of these agencies and ensures that they do not abuse their power .
The main goal of Administrative Law is to protect the interests of the public as it interacts with
Government .
Objective : To differentiate between Constitutional Supremacy and Parliamentary
Sovereignty
Constitutional Supremacy
It is a system of Government in which the law-making freedom of Parliamentary Supremacy
cedes (give up power ) to the requirements of a Constitution.
One of the earliest Commonwealth Caribbean Case which affirmed the principles of
Constitutional Supremacy was the decision of .. Collymore v AG of Trinidad and Tobago.
Collymore and other Trade Union members for Oil Companies claimed that a new Industrial
Stabilization Act 1965 in T.T was ultra vires ( beyond power ) to the Constitution which
guaranteed freedom of association . The Act required no strikes pending binding arbitration.
However , probably the most famous leading authority on Constitutional Supremacy is the case
of Hinds v R – a decision of the UK Privy Council on appeal from the Court of Appeal of
Jamaica.

Parliamentary Supremacy
This is a peremptory (immediate obedience ) rule of Constitutional Law that Legislative
Assemblies can make or repeal laws as they see fit , supreme over the dictates of the Judicial
Branch and subject to the stated Jurisdiction of the Legislative Assembly if any. In other words
it holds that the Legislative body has absolute Sovereignty and is supreme over all other
Government Institutions ,including Executive or Judicial bodies.
A.V . Dicey’s analysis of Sovereignty
In Dicey’s view , P.S entails three principal aspects .
(a) Parliament – the supreme law making body – may legislate on any subject matter
(b) No Parliament can be restricted by a predecessor or restrict the power of future
Parliament
(c) No body ,including a court of law , may question the validity of Acts of Parliament(the
enrolled bill)
It is important to note that , in any state there will be found one ultimate source of legal
authority. In countries with a written constitution ,it will be the Constitution which has ultimate
authority …while country such as United Kingdom ,with its uncodified Constitution , ultimate
law-making power lies in Parliament , the House of Lords and the Crown.

The manner in which P.S is upheld is through judicial decisions .(It is a rule of common law). In
relation to domestic legislation ,two rules are dominant .
 (a) Enrolled Bill Rule- This states that once a bill has passed through the requisite
parliamentary stages and received the Royal Assent , the courts will not inquire into the
manner in which it was passed -even if allegations are made that it was improperly passed.
(b) Implied Repeal - This theory posits that Judges will give effect to the most recent
expressions of Parliament’s will. ( Vauxhall Estates Ltd v Liverpool Corporation ) 1932…
There was a conflict between a provision in a 1919 Act of Parliament and a 1925 Act . The
court ruled that the later Act applied , and thereby impliedly repealed the conflicting
earlier statutory provision.

Describe the fundamental rights under the Constitution.

Definition of a Constitution
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The influence of the Universal Declaration of Human Rights (UDHR) has been
substantial .Its principles have been incorporated into Constitutions of Countries in the U.N
including Jamaica ,making it constitutional law.
Fundamental Rights
-The right to life , liberty and security of person except in the execution of the sentence of a court
in respect of a criminal offence of which the person has been convicted
-The right to freedom of thought ,conscience ,belief and observance of political doctrines
-The right to freedom of expression
-The right to seek , receive distribute or disseminate information ,opinions and ideas through any
media
-The right to peaceful assembly and association
-The right to freedom of movement , that is to say the right (i)of every citizen of Jamaica to enter
Jamaica (ii) of every person lawfully in Jamaica to move around freely throughout Jamaica ,to
reside in any part of Jamaica and to leave Jamaica
- The right to equality before the law
-The right to equitable and human treatment by any public authority