The discretion to exercise the prerogative of mercy under s 37(d) of the Self-Government Act is not amenable to judicial review, but the processes by which the Executive reaches its decision are reviewable, including for compliance with natural justice. A decision under s 37(d) is not reviewable under either the ACT or Commonwealth ADJR Acts because the Self-Government Act is not an 'enactment' within the meaning of either Act. When assessing bias allegations against political decision-makers exercising the prerogative of mercy, the standards of detachment applicable to judicial officers do not apply, and the rules of natural justice are attenuated almost to the point of non-existence.
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