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Petition of FP Frederiksen & ors

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"nevertheless, the Court has not refined its supervisory powers in any way, nor sought to constrain them, by attaching to them any particular attributes which encompass the prerogative writes issuing from the English High Court, although the Attorney General in Tett suggests that, in that case, the Court should consider acting as if it were considering an application for certiorari. It may be, as Mr Michel argued, that the prerogative writs, certainly that of certiorari, which had been issued before 1562, were subsumed into the Royal Court's powers by the Charter of that year from Her Majesty Queen Elizabeth I. Be that as it may, the prerogative powers of issuing the equivalent of such writs have been exercised by the Royal Court for too long for its powers in this sphere to be questioned irrespective of the names given to particular examples of those powers. In Wade, Administrative Law, 6th Edition at 668-669 (1988), there are to be found two contrasting statements by Lord Denning showing the swing of opinion from a narrow interpretation of the powers of the Courts in issuing prerogative writs to a much wider general supervisory power. In fact, as the author suggests, "making them (the prerogative writs) interchangeable under a unified system of procedure, the application for judicial review". This Court considers that that unified system has indeed been operating in Jersey for many years"

In Guernsey the Judgment of the Deputy Bailiff in the Moore Stephens' case (Royal Court of Guernsey 7th September 1992) stated "I can find no authority for the proposition that this Court has any general power of judicial review of administrative decisions akin to what has developed in the English Courts. We do not have the prerogative writs which are the source of many of the English powers of judicial review. In saying this, I am not deciding that there are no circumstances where this Court in a suitable case might intervene to give relief in respect of a complaint against the States, a committee thereof or some other statutory body notwithstanding the fact that there is no statutory right to appeal to this Court.


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