The effect of the stance adopted by the Deputy Bailiff would be, first, to deprive the Applicants in this and other cases of a legal remedy; secondly, to place the bodies or officers exercising the relevant powers above the law; and thirdly, to put a complainant at the mercy of an unofficial system of private telephone calls and the like. We do not consider that this represents or has ever represented the law in this Island, once one sets aside titles such as "judicial review" or "administrative law".

We emphasise that the submissions of the Procureur as to his own position taken with the Deputy Bailiff's observations (if accepted) would render the Procureur above the law, a situation which cannot be tolerated in a civilised community. We consider it to be a mark of a modern civilised polity that it is prepared to afford the means whereby the private citizen can challenge those administrative actions which affect his or her private rights.

We adopt the following passage from the judgment of the Court of Appeal in Jersey in Lesquende Ltd -v- The Planning and Environment committee of the States of Jersey (above) as having equal relevance in this jurisdiction: