Clarke, Claudette (Administratrix of the Estate of Keith Clarke, deceased and in her own right) v Tinglin, Greg; Buckley, Odel et al

Case Number: 
2018 HCV 02290
Neutral Citation: 
[2020] JMFC Full 01
Date of Delivery: 
18.02.2020

Constitutional law – Constitutionality and validity of good faith certificates – Whether good faith certificates infringe the doctrine of separation of powers – Whether good faith certificates supersede the prosecutorial powers of the Director of Public Prosecutions – Whether good faith certificates which were issued outside of the period of emergency are ultra vires, null and void – The Jamaica (Constitution) Order in Council, 1962, Emergency Powers Act, section 3, Emergency Powers Regulations, 2010, regulations 45 and 46

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