(Grenada) The petitioner sought to appeal to the Board from Grenada. The powers conferred on the Board by the Acts of 1833 and 1844, and other later instruments, have superceded the old prerogative power formerly exercised by the King in Council. The 1967 Order was made under powers conferred by the Judicial Committee Act 1844 and the language of section 3 shows clearly that it is concerned not with the constitutional question of whether a right of appeal should exist but with the procedural question of how such an appeal should be exercised. Once the Constitution was amended to abolish the right of appeal, there was nothing upon which the 1967 Order could operate.
Citations:
[1986] AC 73, [1985] 3 WLR 72
Statutes:
Judicial Committee Act 1844 3, West Indies Associated States (appeals to the Privy Council) Order 1967 (SI 1967 No 224), Grenada Constitution Order 1973 (SI 1973 No 2155), Privy Council (Abolition of Appeals) Law 1979
Cited by:
Cited – The Attorney General for St Christopher and Nevis v Rodionov PC 20-Jul-2004
(St. Christopher and Nevis) The government of Canada requested the extradition of the respondent. The Attorney General sought special leave to appeal against the order for his discharge from custody, which had been on the grounds of the prejudice . .
Lists of cited by and citing cases may be incomplete.
Constitutional, Commonwealth
Updated: 13 May 2022; Ref: scu.199436