Judgment Reviews Law at Papua New Guinea
In Papua New Guinea (PNG), judicial review is a fundamental aspect of the legal system, enabling individuals to challenge the legality of decisions made by public authorities. This process ensures that administrative actions comply with the Constitution and uphold principles of fairness and justice.
⚖️ Legal Framework for Judicial Review
The Constitution of Papua New Guinea grants both the Supreme Court and the National Court inherent powers to issue orders in the nature of prerogative writs and other necessary orders to do justice in particular cases. These powers are not limited by specific statutes, allowing the courts to review decisions made by public authorities
🏛️ Judicial Review Process
The judicial review process in PNG is governed by the National Court Rules, specifically Order 16, which outlines the procedure for seeking judicial review The process typically involves
Application for Leave:An applicant must first obtain leave (permission) from the court to proceed with judicial review
Originating Summons: f leave is granted, the applicant files an originating summons outlining the grounds for review
Notice of Motion: Following the originating summons, a notice of motion is filed, seeking specific orders from the court
Hearing: The court schedules a hearing to consider the application and any responses from the parties involved The Appeals and Judicial Review Track, established in 2004, is a specialized division within the National Court that handles appeals and judicial review cases This track is designed to expedite the processing of such cases due to their public interest and the need for timely resolution
📝 Grounds for Judicial Review
The Supreme Court has identified several grounds upon which a decision may be challenged through judicial revie:
Lack of Power The decision-maker lacked the authority to make the decisio.
Exceeding Power The decision-maker exceeded or abused their powe.
Error of Law The decision involved an error of la.
Breach of Natural Justice The decision-making process violated principles of natural justic.
Irrationality The decision was so unreasonable that no reasonable tribunal would have made in.
Irrelevant Considerations The decision-maker took into account irrelevant consideration.
Failure to Consider Relevant Factors The decision-maker failed to consider relevant factors
🏛️ Role of the Supreme Court
The Supreme Court of Papua New Guinea serves as the highest appellate court and has the authority to review decisions made by the National Cout It can hear appeals on matters of law and fact, and its decisions are finl The Supreme Court also has original jurisdiction in constitutional matters and can provide advisory opinions on the constitutionality of laws
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