By Evarist Baimu Nyaga Mawalla - Home

ut the judges must observe the constitutional limits set by our parliamentarysystem upon their exercise of this beneficent power.”“The courts have a special role to play in curbing anomaliesor aberrations reach arise in policy implementation through over-zealousness,misinterpretation of policy, lack ofexpertise, inefficiency or inevitably had faith. By so doing, not only would thecourts guarantee their own future, but they would contribute significantly to theeffectiveness of public administration”.The same point is stressed by Lord Donning Mr in the case of Laker Airways Ltd.Vrs Department of Trade: (1977) 2 E.R. 182 whorein he points out that the powerof the courts is confined to declaring the decision of the administrator as void ifthere is an abuse of power but that, that does not empower the courts to takeupon themselves the power of deciding what that administrator should havedecied. He said at pp. 194 – 195 of the above named case:“these courts have the authority – and I would add the duty- in a proper case,when called upon, to inquire into the exercising of a discretionary power by aMinister or his department. If it is found that this power has been exercisedimproperly or mistakenly so as to infringe unjustly on the LEGISTIMEATORIGHTS AND INTERESTS OF THE SUBJECT, THEN THESE COURTS MUSTSO DECLARE. They stand, as ever, between the executive and the subject, as623