Question
The Food Import of Wakanda Act 2022 confer powers upon the Minister to license 'persons', other than by a consensual arbitral process, to privatize (undertake
The Food Import of Wakanda Act 2022 confer powers upon the Minister to license 'persons', other than by a consensual arbitral process, to privatize (undertake judicial functions) currently performed by Courts of Wakanda, a fictional state within the Commonwealth Caribbean.
Section 3 provides that licences will be granted by the Minister:
"to those persons who appear to the Minister capable of running an effective court"
Section 4 provides that licences may be:
"..granted subject to such conditions as the Minister in his absolute discretion thinks fit".
Section 6 provides that:
"..decisions of the Minister in relation to the granting or the removal of licences shall not be inquired into by the Court".
The Public Law Group (PLG) is a charity concerned with the quality of justice in the civil courts. It is extremely worried about the potential effect of this Act and in particular about whether decisions taken by the Minister in relation to licences could be questioned in the courts.
The PLG has sought your advice, which you shall give, on the following matters:
a) Can the Parliament generally, and specifically as proposed by the Government of Wakanda, give another body, such judicial functions to perform?
b) What would be the possible legal and constitutional effect of section 6in actually inhibiting or preventing the bringing ofjudicial review?
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