Judgment Reviews Law at Guyana
In Guyana, judicial review is governed by the Judicial Review Act (Cap. 3:06), which provides a legal framework for challenging administrative decisions and ensuring accountability within the public sector.
Key Features of Judicial Review in Guyana
Grounds for Judicial Review: Applicants can seek judicial review on various grounds, including:
Illegality
Irrationality
Procedural unfairness
Abuse of discretion
Failure to consider relevant factors
Available Remedies: The court may grant several remedies, such as:
Certiorari (quashing unlawful decisions)
Prohibition (preventing unlawful actions)
Mandamus (compelling public authorities to perform duties)
Declarations
Injunctions
Restitution or damages
Return of property
Public Interest Considerations: The court assesses the public interest in determining whether an application is justifiable. Factors include the importance of the issue, the applicant's genuine interest, and the potential impact on the rule of law
Notice Requirements: Applicants must publish a notice in daily newspapers, specifying details of the application and inviting interested parties to join the proceedings within 14 days
Exhaustion of Alternative Remedies: Judicial review is available even if other legal avenues exist, ensuring that individuals can challenge administrative actions without being compelled to pursue alternative remedies first
This framework ensures that administrative decisions are lawful, reasonable, and procedurally fair, upholding the principles of justice and accountability in public administration.
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