I will stay away from the continuing controversies between the current and past Attorneys-General. To coin a phrase, when elephants rumble, it’s the insects in the grass who get trampled. I will likewise stay away from the merits or otherwise of the Chief Justice’s decision ordering the Minster of Legal Affairs to bring the Act into force. It is likely to be appealed and the Court of Appeal will decide. But why is the Judicial Review Act important to the public?
There is an area of law called ‘public law.’ While much law notionally exists for the protection of the public, ‘public law’ more directly protects the rights of the citizen in his or her relations with the state and public bodies or authorities by holding them to account. The instruments used by the courts in public law are of ancient origin, initially directed against the King, and are called writs of certiorari – to quash a decision, mandamus – to order something to be done, prohibition – to prohibit an act and the lesser known, quo warranto – challenging the right to hold an office. The writ of habeas corpus – ordering the production of a body, is linked to these. They are called ‘prerogative’ remedies issued by courts on the application of citizens for ‘judicial review’ to enforce their rights against the state or public authorities. Currently, these are the only remedies available in public law.
Very little debate has taken place on the Petroleum Commission of Guyana Bill. It is to the credit of the Georgetown Chamber of Commerce to have initiated a public discourse on the legislation around the country, albeit late in the day. The lead speaker has been former Energy Minister of Trinidad and Tobago, Kevin Ramnarine, who has tremendous expertise in many aspects of the oil industry and who has visited Guyana several times sharing his knowledge. He was ably assisted by Mr. Deodat Indar, the president of the Georgetown Chamber of Commerce, which has been invigorated in recent years by many young business leaders who are dedicated to its agenda of promoting business and commerce.
The business community is deeply interested in the Bill because it seeks to establish the institutions that will oversee the oil industry and to define the rules which would guide their functions and duties. Since it is likely that when passed, the Bill will impact the business community by providing opportunities for its growth and development for decades in the future, it is vital that not only business, but the people of Guyana, take an interest in what is being proposed to maximize the potential for Guyana.
Now that the dust has settled and emotions have subsided, it might be a good time to dispassionately consider the meaning of the Court’s decision in the Isseneru Case which attracted some attention recently.
To grasp its full significance and implications, we need to go back in time.