WHY IS THE JUDICIAL REVIEW ACT IMPORTANT?


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.

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THE SPEAKER’S DECISION CANNOT BE REVERSED.


The view of the Opposition that a Member of the National Assembly can be prevented from speaking is nothing but weird. This battle was fought in England hundreds of years ago and was settled in 1689. Guyana must be the first country which inherited the British Parliamentary system in which this issue had to be fought all over again after more than three hundred years.

Despite all of this, the ruling of the Speaker that Minister Clement Rohee is entitled to speak has not found favour with the Opposition. APNU expressed its displeasure but the AFC, quite properly, said that they will accept the Speaker’s ruling. APNU appears to be interested in tabling a motion to challenge the ruling with a view to having it reversed. Whether it will persist with this course in the certainty that the motion will be defeated, having regard to the AFC’s position, is not now clear.

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