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The Supreme Court of Judicature is Guyana's Supreme court. It exercises original jurisdiction over serious matters in Guyana of which a lower court (or, a magistrate's court) does not have the proper authority to operate and/or act on. [1] Both Criminal and Civil appeals are made to the Supreme Court before moving to an appeals court.
One impediment to a similar reform process in Guyana is the "savings clause" contained in the country's Constitution. The clause has the effect of preventing judicial review of laws inherited from the British Empire, even in cases where they may undermine human rights. [16]
The Constitution of Guyana is the highest governing document in the Republic of Guyana. It came into effect on October 6, 1980, replacing the constitution enacted in 1966 upon its independence from the United Kingdom. The current Constitution of Guyana contains 12 chapters that are further divided into 232 articles. [1]
The Appeals Committee of the Privy Council was one of the earliest judicial bodies which exercised the power of judicial review, in a series of cases from the American colonies which raised questions about the constitutionality of colonial statutes, measured against the royal charters which set out the powers of the colonial governments.
Judicial review can be understood in the context of two distinct—but parallel—legal systems, civil law and common law, and also by two distinct theories of democracy regarding the manner in which government should be organized with respect to the principles and doctrines of legislative supremacy and the separation of powers.
Guyana is a parliamentary republic in which the President of Guyana is both head of state and head of government. Executive power is exercised by the President, advised by a cabinet. Legislative power is vested in both the President and the National Assembly of Guyana. [1] The judiciary is independent of the executive and the legislature.
In the United States, judicial review is the legal power of a court to determine if a statute, treaty, or administrative regulation contradicts or violates the provisions of existing law, a State Constitution, or ultimately the United States Constitution.
The Ministry of Legal Affairs and Attorney General's Chambers ensures that proper legal services are provided to the Government of Guyana, as well as statutory services to the public. The Attorney General and Minister of Legal Affairs is the head of the chambers. [ 1 ]