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The sub-section is silent in relation to Petitions
of Doleance in respect of matters in the High Court and indeed Petitions
in respect of decisions made by the Attorney General. Perhaps there
was no doubt in the minds of members of Tynwald about such matters.
In any event, so far as the High Court goes I attempted to put the
matter beyond doubt by deciding (page 7 of the Judgment) that "this
Court has no power to hear and determine Petitions of Doleance from
any decision of a Deemster from any matter in any division of the
High Court". There is, however, a very great difference between
a review of judicial decisions in the High Court and administrative
or executive decisions by non judicial bodies or individuals. Although
neither Counsel was able to point me to an example in England or
in the Island where the decision of the Attorney General had been
subject to judicial review, Mr Morris, having searched in other
jurisdictions, produced to the Court a very interesting Judgment
of the former Learned Bailiff of Jersey, Sir Peter Crill in the
case of McMahon and Probets (1993 JLR 35).
This was an application for an order for certiorari
to quash a decision of the Attorney General of Jersey to issue a
Notice under the Investigation of Fraud (jersey) Law 1991 Article
2, requesting. information on bank accounts in connection with a
criminal investigation, and an adjudication by the Court of the
lawfulness of the decision. The relevant part of the Investigation
of Fraud (jersey) Law 1991 Article 2 is set out in full at page
40 of the Judgment and this provision is similar to Section 24(1)(2)and
(3) of the Act of Tynwald save that the words "or reasonable grounds
that" in sub-section 1 are omitted from the Jersey Law. This is
a thought-provoking Judgment which requires careful analysis. In
the first place the law of judicial review in the states of Jersey
and indeed in the Island of Guernsey differs from that in this Island.
In Jersey the supervisory powers are similar to those in England.
At page 41 Sir Peter Crill stated:-
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