• the criminal law and contempt proceedings should not be used to restrict legitimate criticism of the performance of judicial functions. Good governance as efficient decision making: guiding principles From an examination of the current state of international law, the following principles can be drawn in relation to what is meant by good administration. An administrative authority when exercising discretionary power should: • pursue only the purposes for which the power has been conferred; • be unbiased and observe objectivity and impartiality, only taking into account factors relevant to a particular case; • observe the principle of equality before the law; • avoid discrimination; • maintain a proper balance between any adverse effects that its decision may have on the rights, liberties or interests of persons and the purpose that it pursues; • take decisions within a time that is reasonable with regard to the matters at stake; • apply any general administrative guidelines in a consistent manner while at the same time taking account of the particular circumstances of each case. Procedure In relation to procedures, good administrative practices include: • Availability of guidelines: any general administrative guidelines that govern the exercise of a discretionary power should be made public and communicated to the person concerned at his or her request; • The right to be heard: in respect of any administrative act that affects individual rights and liberties, a person so affected should be entitled to put facts, arguments and evidence, which should be taken into account by the administrative authority. This includes the right to be informed of the right to be heard; • Access to information: upon request, the person concerned should be informed before an administrative act is taken of all the relevant information; • Reasons: where an administrative act adversely affects an individual’s rights or liberties, that person should be informed of the reasons on which it was based. Reasons should be communicated to the person concerned within a reasonable time; • Indication of remedies: where an administrative act could adversely affect individual rights, the administration should indicate the specific remedies available to affected individuals as well as any time limits. Review Finally, good administration entails the availability of review procedures: • the exercise of discretionary powers should be subject to judicial review by a court; • failure to reach a decision within a reasonable time should be subject to such review; • the powers of the reviewing court should include the power to obtain information that is relevant to ensure it can carry out its functions properly; 32 Countering Terrorism, Protecting Human Rights