Executive Summary 3
Background Facts 4
Business, Government and Society &/Legal Issues Identified 5
Presentation of Analysis and/or Literature Review 7
Literature Review 7 Judicial Review and Ultra Vires 8 Abuse of Discretion 9 Improper Purposes 9 Unreasonableness 9 Irrelevant/Immaterial Considerations 9 Natural Justice 10 Legitimate Expectation 11
Discussion of Findings 12
Recommendations/Solutions 16
Conclusion 18
Bibliography 19
EXECUTIVE SUMMARY
Using case law, this research paper will provide a critical analysis on the legal issues raised in the case of David vs. The Empowerment Board of Antigua. Several issues of administrative law were identified in this case, and the researchers have sought to examine their respective implications to David and the Empowerment Board.
The findings of this case focus less on the final decision of the Empowerment Board, but concentrates on the prevailing factors involved in the decision. The principles of Substantives Ultra Vires, Natural Justice and Legitimate Expectations form a major part of this study and consequently the researchers have recommended options to be considered by both David and the Empowerment Board.
BACKGROUND FACTS
Across the globe there is growing pressure by homosexual couples to get their “unions” officially recognized by governments. This would enable them to be legally considered married, and thus provide them with the protection and benefits currently only enjoyed by heterosexual couples.
While recognition of same-sex couples has been slow in coming, since 2001 twelve countries officially allow same-sex marriage, with several other jurisdictions though not allowing the legal unity in their jurisdiction, recognizing same sex marriages performed elsewhere.
