Hdhdb Essay

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Question 4: Fiadjoe posits that in West Indian public law, the rule of law has come to mean the exercise of state power according to law and the subjugation of state power to the constitution. Discuss Professor Fiadjoe’s view on the rule of law as it relates to the accountability of those who are vested with public responsibilities. As stated by Aristole the rule of law is preferable to that of the individual. Where the rule of law is applied, No one is above the law, all are subject to the law and everyone is equal under the law. In West Indian Context, Professor Fiadjoe stated that the rule of law can be taken to mean “The exercise of state power according to law and the subjugation of state power to the Constitution.” In essence for us in the Commonwealth Caribbean, the existence of written supreme constitutions has resulted in the interpretation and application of the concept in a broader way and in some instances to include new principles not contemplated in the Dicey view. Such include access to Justice because if individuals do not have access, the rule of law would be threatened, Protection of fundamental rights, limitations on discretion and also fairness in legal procedures and the exercise of power. Also, accountability of those who are vested with powers of decision making, thus ensuring that even the humblest among us is protected by the law. All of this constitutes the rule of law. This is shown in the case Hochoy v Nuge (1964), Hochoy the Governor General of Trinidad and Tobago appointed a commission of enquiry. The respondents sought a declaration that the appointment was ultra-virus and therefore null and void. They were successful and the Governor General appealed because he believed as the Governor General since executive power is invested in him they had no right to review his actions. The Court dismissed his appeal. As no matter what position or
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