|

17 Circular Road
Douglas
Isle of Man
IM1 1AF
British Isles
Tel.:
+44 1624 670003
Fax:
+44 1624 612281

contiadvocates
@yahoo.com
|
Petition of FP Frederiksen & ors
"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.
|
 |
|
|
© 1999-2003 Conti.
All rights reserved
|
 |