instrumentalities can enter into contracts with the private sectorand be subject to the jurisdiction of the private law as any otherprivate citizen albeit that by virtue of the public nature of thebody and its functions it may be held under the public law tohigher standards than a private citizen. The courts under thepublic law through the mechanism of judicial review will look atthe manner in which decisions are made in order to ensure thatthey were arrived at fairly, rationally, reasonably and in goodfaith. The rationale for seeking to place on public bodies thisobligation of considerate decision making is to protect citizensfrom executive abuses.Under the Judicial Review Act
, the grounds upon which anapplicant for judicial review is entitled to relief are set out insection 5(3)
. A similar statutory formulation and basis for judicial review exists in Barbados
. In Jamaica, although there isno specific judicial review act, provision is made for the procedureof judicial review by virtue of Part 56 of the Supreme Court CivilProcedure Rules 2002. Through the process of judicial review the litigant can obtainorders of
and judicialreview has developed as one of the most important mechanismsfor achieving public justice in common law jurisdictions and inreducing “the zone of immunity”
previously existing around agreat deal of governmental action.
Judicial Review Act (T&T) No. 60 of 2000.
Administrative Justice Act 1980 and Judicial Review (Applications) Rules 1983.
Total Justice (1985) by L. Friedman