Report calls for new Judicial Review Act to control power abuse

A new proposal for a Judicial Review Act in the BVI has been put forward as part of ongoing efforts to enhance governance and ensure the proper exercise of discretionary powers by public officials.

The proposal, outlined in a recent policy report, suggests formalising the Judicial Review process through an Administrative Justice Act inspired by similar legislation in Barbados and Australia. This proposed act would provide more explicit guidelines for reviewing decisions made by Ministers and other public officials, ensuring their powers are exercised within legal and ethical boundaries.

The report, commissioned by the government and authored by former Attorney General Baba Aziz, highlights the necessity of judicial oversight to prevent the abuse of discretionary powers, which has been a growing concern. “Discretionary powers must be exercised within a controlled and structured system of adequate and enforceable checks and balances,” the report stated. This ensures that public officials make decisions based on sound legal principles, thereby minimising the risk of corruption or arbitrary decision-making.

One key recommendation from the report is the establishment of an “Administrative Justice (Judicial Review) Act 2024.” The proposed legislation codifies common law principles that govern the exercise of discretion. These principles, including fairness, reasonableness, and transparency, are crucial for maintaining public trust in government institutions. The report also stresses that the codification would ensure that public officials are held accountable for their decisions, as they would be required to adhere to statutory obligations rather than relying on personal discretion.

Provide a reason for decisions

The report further emphasises the importance of providing reasons for decisions made by public officials. It notes that “reasons or justifications for decisions should be sufficient to enable the recipient to understand why that particular decision was made.” This step would improve transparency and help avoid legal challenges arising from unsubstantiated decisions.

The move toward formalising judicial review comes from recommendations made by independent reviewers and the Commission of Inquiry report. The COI report recommended that “there be a review of discretionary powers held by elected public officials (including Cabinet) with a view to removing the powers where they are unnecessary; or where they are considered necessary, ensuring that they are exercised in accordance with clearly expressed and published guidelines.”

The report called for stronger oversight mechanisms to prevent abuse of power, particularly in areas such as procurement and public spending.

The proposed Judicial Review Act would not only provide public officials with clearer guidelines but also allow residents to challenge decisions they believe were made improperly. The policy report stresses that the new act would be modelled on Barbados’s Administrative Justice Act (Cap. 109B), ensuring that the BVI follows a proven framework that supports good governance practices.