Judgment Reviews Law at Guernsey (Crown Dependency)
In Guernsey, the legal framework for reviewing administrative decisions is primarily governed by the Administrative Decisions (Review) (Guernsey) Law, 1986, which provides a structured process for individuals to challenge decisions made by government departments and committees.
⚖️ Administrative Decisions (Review) (Guernsey) Law, 1986
This law establishes a procedure allowing individuals who are aggrieved by administrative decisions or actions to seek a review. The process involves several key steps:
Initial Application: A person must apply to the Chief Executive of the States of Guernsey (or HM Greffier for complaints against the Policy Council) to request a review of the decision.
Investigation: The Chief Executive investigates the complaint by reviewing relevant documentation from both the complainant and the department involved.
Referral to Review Board: If the Chief Executive finds sufficient grounds, the matter is referred to a Review Board. This board comprises two unconflicted States Members and the Dean of the Douzaine.
Public Hearing: The Review Board conducts a public hearing to assess the complaint.
Recommendations: The Review Board can recommend that the department reconsider its decision. If the department does not comply, the matter may be escalated to the States of Deliberation.
This process aims to ensure that government actions are reasonable and fair.
🔄 Amendments and Proposals for Reform
In 2018, the Administrative Decisions (Review) (Guernsey) (Amendment) Law, 2018 was introduced to enhance the independence and effectiveness of the review process The amendment sought to make the Review Board more independent, fairer for all stakeholders, more accountable, and better suited to current needs The Policy Council has indicated intentions to eventually replace this system with an independent Ombudsman-type service operating at arm's length from the government
🏛️ Judicial Oversight by the Royal Court
While the Administrative Decisions (Review) Law provides an internal mechanism for reviewing administrative actions, individuals may also seek judicial review through the *Royal Court of Guernsey. The Royal Court has the authority to review decisions made by public bodies to ensure they comply with the law and principles of fairnes.
📌 Notable Case: Guernsey Royal Court Overturns GFSC Decisio
In a significant case, the Guernsey Royal Court overturned fines and prohibition orders imposed by the Guernsey Financial Services Commission (GFSC) on three individuas The court found that the GFSC had not achieved the required "fair balance" in its decision-making proces This judgment underscores the importance of fairness and due process in administrative decisios.
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