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The Learned First Deemster then issued a warning to
the Petitioners which we repeat and endorse. "It is therefore only
fair to warn the Petitioners in this case that whilst this Court
will not bar them from approaching the seat of justice in order
to correct and if necessary to quash the acts of the Attorney General
in relation to his powers under Section 24 of the Act this Court
will not act as an appellate authority but will act as a supervisory
tribunal to ensure that the Attorney General complied strictly with
the provisions of the statute and that he exercised his powers and
functions properly and regularly".
From that decision the Attorney General appealed,
still maintaining his claim to blanket immunity from judicial review.
When, however, the distinction between the Attorney
General's traditional powers and those conferred on him by Tynwald
pursuant to the Act were pointed out by the Court, and it was asked
whether, for example, he claimed that he could exercise his powers
under Section 24 with immunity from judicial review if he did not
even believe that an offence had been committed (see Section 24
(1) (g) Mr Morris took instructions and told us that the Attorney
General now conceded that the pre-conditions to the exercise of
his discretionary powers under Section 24 were subject to judicial
review by way of a Petition of Doleance. For the avoidance of doubt
we make it clear that
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