Judgment Reviews Law at Barbados
In Barbados, judicial review is a legal process that allows individuals to challenge the legality of decisions or actions taken by public authorities, such as government ministers or public officials. This mechanism ensures that administrative decisions comply with the law and are made fairly and reasonably.
⚖️ Legal Framework
The primary legislation governing judicial review in Barbados is the Administrative Justice Act, Chapter 109B. This Act empowers the Supreme Court to review administrative acts or omissions by public authorities, including ministers, public officials, tribunals, boards, committees, or other governmental bodies. Section 6 of the Act specifies that any person whose interests are adversely affected by an administrative act or omission, or any other person if the Court is satisfied that the application is justifiable in the public interest, may apply for judicial review
🧭 Grounds for Judicial Review
Common grounds for judicial review in Barbados include
Illegality:The decision-maker acted beyond their legal authority
Irrationality:The decision was unreasonable or absurd
Procedural Impropriety:Failure to follow proper procedures or to act fairly
Error of Law:The decision-maker made an error in interpreting or applying the law
Absence of Evidence:The decision was made without sufficient evidence
🏛️ Judicial Review Process
Application An individual seeking judicial review must file an application with the Supreme Court, detailing the decision or action being challenged and the grounds for the challeng.
Preliminary Examination The Court will conduct a preliminary examination to determine whether the application meets the necessary criteri.
Full Hearing If the application passes the preliminary examination, a full hearing will be scheduled, where both parties can present their argument.
Decision The Court will issue a judgment, which may include orders such as quashing the decision, remitting the matter for reconsideration, or awarding damage. In the case of Bradston Clarke v. The Attorney General, the Court of Appeal addressed the issue of whether an interdicted public officer could seek judicial revie. The trial judge had struck out the application on the grounds that it was premature, but the Court of Appeal held that such applications should not be determined at the preliminary stage and should proceed to a substantive hearing
🏛️ Judicial Structur
Barbados' judicial system comprises the Supreme Court of Judicature, which includs:
*The High Court: Handles civil and criminal matters at first instane.
*The Court of Appeal: Hears appeals from the High Court and Magistrate’s Courts
Decisions from the Court of Appeal can be appealed to the Caribbean Court of Justice (CCJ), which serves as the final court of appeal for Barbados
⚠️ Recent Development
In 2017, a notable judicial review case involved David Andre Comissiong challenging the Minister Responsible for Town and Country Planning's decision to grant permission for a 15-storey hotel construction without an Environmental Impact AssessmetThe case highlighted the importance of judicial review in ensuring that public authorities adhere to legal and procedural requirements
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