Judicial review of constituency boundaries commissions in the Commonwealth Caribbean

Abstract

This article explains the constitutional provisions which establish the Commission and examine the powers granted to the Commission to review the number and boundaries of constituencies into which the countries of the Commonwealth Caribbean are divided. Second, it examines the powers and functions of the Commission and explain the process for effecting the recommendations of the Commission after it has deliberated on its constitutional mandate. Third, it explores aspects of judicial review of decisions relating to the Commission by examining the leading cases in the Commonwealth Caribbean where such issues have been explored. Fourth, the grounds on which decisions found in the report of the Commission have been challenged in various cases are examined in light of the common law principles applicable to each ground of judicial review. Fifth, the article analyses the principles which should guide the Commission in the process of delimiting the number and boundaries of constituencies into which the country is divided, namely: the foundational principle of equality of votes based on population; and the requirement of effective representation, and participation as a requirement for democracy. These principles are examined in the context of decisions from the Commonwealth Caribbean against the backdrop of cases from the Commonwealth that have provided guidance on their application.