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Judicial Review Notes

Judicial Review in Guyana is governed by the Civil Procedure Rules 2016 and the Judicial Review Act 2010, allowing individuals to challenge acts or omissions of public authorities in a Superior Court. Key considerations include whether the entity is a public body, if the applicant has sufficient interest, the grounds for review, and the appropriate remedies available. The court can grant various forms of relief, and the presence of alternative remedies does not prevent judicial review proceedings.

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41 views3 pages

Judicial Review Notes

Judicial Review in Guyana is governed by the Civil Procedure Rules 2016 and the Judicial Review Act 2010, allowing individuals to challenge acts or omissions of public authorities in a Superior Court. Key considerations include whether the entity is a public body, if the applicant has sufficient interest, the grounds for review, and the appropriate remedies available. The court can grant various forms of relief, and the presence of alternative remedies does not prevent judicial review proceedings.

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Jensen
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© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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JUDICIAL REVIEW

This question invites a consideration of Judicial Review which is governed by Part 56 of


the Civil Procedure Rules 2016 and the Judicial Review Act 2010(JRA), which
collectively provides for both the substantive and procedural aspects of Judicial Review
Proceedings. Judicial review is the process by which a person who is aggrieved by the
act or omission of a public authority, tribunal, or public officer, may invoke the
jurisdiction of a Superior Court of Record to challenge the said act or omission, thereby
enabling the court to exercise its inherent supervisory jurisdiction over such bodies to
ensure that they acted lawfully and within the limits of their powers (Forbes v AG of
Jamaica). In Guyana, the High Court is resided with this special jurisdiction to review
such acts or omissions complained against. When the court engages in such review, it is
concerned not with the merits of the decision but the process by which the decision was
made. In determining whether X can invoke the court’s jurisdiction for a remedy via
Judicial Review the following issues will be considered and assessed:

1. Whether …………. is a public body/authority that is amenable to Judicial


Review
Judicial review is only available against public bodies thus, the act or omission
against which relief by judicial review is sought must have a public element in the
sense that it affects public law rights, obligations or expectations (Section 3 of
the JRA). In determining whether an entity is a public body such that their acts
and omission are subject to judicial review, the court will have to consider the
source and nature of the power exercised, the object or purpose of the act or
omission, the consequences of the act or omission not being reviewable and
other matter the court see fit to consider (Section 3 JRA). If the body does not
receive its powers from statute but nevertheless exercises public law function, or
the exercise of its functions have public law consequences, that body is deemed
to be a public one (Ex Parte Datafin).
2. Whether ……. has adequate locus standi to initiate JR proceedings?
A person or group who wishes undertake judicial review proceedings must have
a sufficient interest in the subject matter of the proceedings (Part 56 of the
CPR). Where individuals are concerned, Part 56 of the CPR and Section 4 of the
JRA provides that such persons are to demonstrate that their interest has been
adversely affected by the decision which is the subject of the application. In AG of
Gambia v N. Jie, it was also articulated that a person is said to have a sufficient
interest where they have a genuine grievance because the act or omission
complained of prejudicially affects their interest. A person may also be permitted
to make an application for Judicial Review if the court is satisfied

Where groups are concerned any body or group, acting at the request of a person
or persons who would be entitled to apply as individuals being adversely
affected, that represents the views of its members who may be adversely affected
or that can show that the matter is of public interest and that body or group
possesses expertise in the subject, may apply (Part 56 of the CPR ). In Ex Parte
World Development Movement, it was also articulated that if a claim is
arguable on its merits and the claimants have sufficient interest such as being a
pressure group genuinely committed to promoting good governance and not
merely a ‘busybody’, that body may be able to undertake judicial review
proceedings.

3. What are the grounds upon which the application for Judicial Review by
_________ can be made?

Section 5 of the JRA provides a non-exhaustive list of possible grounds upon


which an application for judicial review may be brought. These include acts or
omissions that were, inter alia, ultra vires, in breach of natural justice, a
deprivation of legitimate expectations, contrary to the constitution or other
written law, unreasonable, done for an improper purpose or based on irrelevant
considerations. These grounds among others listed in Section 5 can broadly be
classified as acts or omissions that are tainted with illegality, irrationality and
procedural impropriety (CCSU Case)
4. What is the appropriate remedy for ………… to seek?
Under Section 8 of the Judicial Review Act the court is empowered to grant
relief to an applicant for Judicial Review in the form of one or a combination of
orders the justice of the situation requires whether they are sought in the
original application or not. These include in the main: an order of certiorari to
quash decisions made/unlawful acts done; an order of mandamus
requiring/compelling the body or authority to perform a particular action; an
order of prohibition for preventing/prohibiting unlawful acts. In addition to
these usual public law remedies, Section 8 empowers the court to also grant in
addition to or in the alternate: an injunction(prohibitive or mandatory); a
declaratory judgement or an advisory order declaring the rights of the parties; A
Conservatory Order in the case of the State (which is essentially an interim relief
that freezes the situation as is until full determination); Restitution of Damages
in money; or An Order for the return of property (where property is taken).

5. Whether there are alternative remedies available to___________?


At common law it was at the discretion of the court as to whether to allow
judicial review where alternative remedies were available (Ex parte Calveley).
In Guyana, however, under Section 9 of the JRA the availability of alternative
remedies whether does not act as a bar to obtaining relief by Judicial Review
proceedings.

6. What is the requisite procedure to be undertaken by………… to initiate


Judicial Review Proceedings?

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