Judgment Reviews Law at Vanuatu
In Vanuatu, the law governing judicial review is a key aspect of the country's legal system, which is based on a blend of English common law and its own constitutional and customary law principles. Judicial review is the process by which a court can review the actions or decisions of a public body or official to ensure they are lawful.
The Legal Basis for Judicial Review
The Constitution of the Republic of Vanuatu: The Constitution is the supreme law. It establishes the judiciary and provides a foundation for judicial review. Article 6, for instance, allows anyone who believes their fundamental rights have been infringed to apply to the Supreme Court to enforce those rights. This serves as a primary constitutional basis for challenging state actions.
The Judicial Services and Courts Act (Cap 270): This act, along with the Civil Procedure Rules, establishes the framework and procedures for judicial review claims in Vanuatu. These rules dictate how an application for judicial review is made, what grounds can be used, and the types of remedies the court can grant.
Common Law Principles: The common law principles of judicial review, inherited from the English legal system, are also highly influential. These principles include challenging decisions on grounds such as:
Illegality: The decision-maker acted without the legal authority to do so.
Procedural Impropriety: The correct legal procedures were not followed.
Irrationality/Unreasonableness: The decision was so unreasonable that no reasonable person could have made it.
The Role of the Supreme Court
The Supreme Court of Vanuatu is the primary court with jurisdiction over judicial review. The court's role is to ensure that public officials and bodies do not overstep their powers, abuse their discretion, or act in a way that is unfair or contrary to law.
Judicial review is a supervisory jurisdiction. This means the court's role is not to substitute its own decision for that of the public body. Instead, it reviews the legality of the decision-making process. The court can grant various forms of relief, including:
Mandatory Order (formerly a writ of mandamus): An order compelling a public body to perform a duty it is legally required to do.
Prohibitory Order: An order preventing a public body from carrying out an unlawful action.
Declaratory Order: A court declaration stating the legal rights of the parties or the legality of an action.
Injunction: An order preventing or compelling a certain action.
Recent Legal Developments
Judicial Review Cases: The Supreme Court and Court of Appeal in Vanuatu regularly handle judicial review cases, as evidenced by a review of their recent judgments. These cases often involve challenges to decisions by government ministers, statutory bodies, and other public authorities on issues ranging from administrative appointments to constitutional amendments.
Customary Law: Vanuatu's legal system also recognizes customary law. The interplay between common law judicial review and customary law is a nuanced area, and the courts have the power to take custom into account when making decisions.
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