Category: Challenging Decisions

The historical antecedents of modern judicial review were the so-called prerogative writs.  They are certiorari mandamus prohibition and habeas corpus.  The label prerogative emphasizes their link with the Crown. The writs issued from the Kings Bench which was notionally the court most closely associated with the King. The functions of the Kings Bench transferred to the […]

Certiorari is an ancient remedy developed by the royal courts in exercising supervision over justices of the peace.   The justices exercised jurisdiction in a range of criminal and quasi administrative matters. Over time, the remedy developed and was extended to bodies and tribunals whether courts or not where a legal body had authority  to affect […]

The courts have changed their  views over time as to the extent to which certiorari issues as of right. Historically, the courts had the discretion to grant or withhold certiorari. the principal public law remedy for quashing unlawful decisions. The courts appear to have come to the view that the remedy should be available generally […]

Overview The public service makes decisions which affect the rights an interests of individuals across a whole host of areas on a daily basis.  In some cases, there are elements of discretion in relation to the exercise of the power.  More generally the rights of entitlement of individuals are fixed by law. There exist mechanisms […]

Public Service Ombudsman The Ombudsman’s Office was established in 1980 and commenced in 1984.  The Ombudsman holds office for six years and can be appointed for up to three terms. The Ombudsman is responsible for reviewing good administration across a wide range of the public service. The Ombudsman may act on its own initiative or […]

Office of Ombudsman The Ombudsman’s office was established in 1980, in order to offer redress to persons who have suffered loss or harm, due to “maladministration”.  It offers the possibility of redress without the expense of court action and with the need to show identify illegality in administrative action. Apart from the time, cost and […]

General Judicial review is a High Court procedure in which the legality of acts of public and administrative bodies may be challenged and found invalid.  The focus is not on the merits of a decision, but on its legality. Judicial review may be undertaken in relation to the acts and decisions of the so-called lower […]