Obstacles to Judicial Review Flashcards
(17 cards)
What is judicial review in administrative law?
The process by which courts assess the legality, fairness, and reasonableness of decisions made by public authorities.
Judicial review ensures that government bodies and officials act within their legal powers and comply with principles of natural justice, procedural fairness, and rational decision-making.
What do courts assess in judicial review?
They assess whether the law made the decision, not the merits of the decision itself.
This distinction is crucial in understanding the scope of judicial review.
What gatekeeping functions do courts apply in judicial review?
- Standing
- Exhaustion of remedies
- Time limits
- Merit-based assessments
These functions ensure that only legitimate judicial review claims proceed.
What is the requirement for judicial review applicants in most Commonwealth Caribbean jurisdictions?
Applicants must first seek the court’s permission by showing an arguable case.
This requirement filters out unmeritorious claims.
How does Guyana’s Judicial Review Act differ from other Commonwealth Caribbean jurisdictions?
Guyana does not require applicants to obtain leave (permission) before initiating judicial review.
Access is governed directly by the Act’s provisions and the court’s rules.
What is the public element requirement under Section 3 of the Judicial Review Act in Guyana?
Judicial review is limited to acts or omissions with a public element affecting public law rights, obligations, or expectations.
Courts assess various factors to determine if a matter has a public element.
What does Section 4 of the Judicial Review Act outline?
The rules on standing, allowing relief to anyone adversely affected by administrative action or in public interest litigation.
Individuals acting bona fide can bring applications for those disadvantaged due to poverty, disability, or social exclusion.
What does Section 9 of the Judicial Review Act state?
The court cannot refuse judicial review simply because another legal remedy is available.
This reinforces that alternative procedures do not bar judicial review.
What procedural flexibility does the Judicial Review Act provide?
- Reclassifying misfiled proceedings
- Continuing proceedings appropriately
These provisions prevent striking out of cases due to procedural defects.
What does Section 15 of the Judicial Review Act allow affected individuals to do?
Request written reasons for administrative decisions, including findings of fact and evidence relied upon, within 14 days of the decision.
What powers does the court have under Sections 17 and 20 of the Judicial Review Act?
The court may stay proceedings or remit matters for reconsideration with binding directions.
This enhances the court’s role in managing judicial review cases.
What is the significance of the Judicial Review Act in Guyana?
It reflects a modern, flexible framework that balances access to justice with judicial efficiency and administrative accountability.
What were the primary prerogative remedies before 1977?
- Certiorari (quashing order)
- Mandamus (mandatory order)
- Prohibition (prohibiting order)
These remedies were initially available only to the Crown.
What is the fourth prerogative remedy that tests the legality of detention?
Habeas corpus.
It remained distinct due to its urgency and was unaffected by judicial review reforms.
What procedural difficulties did litigants face before 1977?
Choosing between prerogative and equitable remedies due to differing procedures, time limits, and standing rules.
What are the two stages of the judicial review process established by the 1977 reforms?
- Permission (leave) Stage
- Full Hearing
The Permission Stage filters claims, while the Full Hearing addresses substantive legal arguments.
What does the court consider during the Permission Stage?
- Whether judicial review is the appropriate procedure
- Whether the claimant has an effective alternative remedy
- Whether the claimant has an arguable case
- Whether the claimant has standing
- Whether the claim was delayed beyond the acceptable period.
