Article 469B of Chapter 12 : a legal analysis

Abstract

Pre-Act XLI of 2020, the Attorney General was completely immune to judicial review in the exercise of his prerogative powers. This dissertation examines the development of judicial review with regard to particular decisions of the Attorney General as enshrined in Article 469B of the Code of Organisation and Civil Procedure. This dissertation, therefore, places great emphasis on Article 469B, with the aim of evaluating the law and contributing credible proposals that can enhance the effectiveness of the existing framework. This dissertation commences by making known the raisons d’être of Article 469B. In particular, it comments on the Venice Commission Reports No. 940/2018 and 986/2020, which reports criticised the wide and conflicting powers of the Attorney General that made the office susceptible to pressures from the government. It also provides an indepth analysis of a constitutional case wherein the courts, for the first time, had to deliberate on whether the discretion granted to the Attorney General infringed the fundamental human rights of the plaintiff. Subsequently, the dissertation examines Article 469B, concluding that several substantive and procedural requirements ought to be amended for a more equitable review. In light of this, suggestions with respect to the scope of Article 469B, the rules on legal standing, and the time period are denoted to ensure effective access to justice.