Local islands of law: Third generation ouster clauses, jurisdiction, and a parliamentary backlash

This article suggests that a new category of ouster clauses has been created which it labels ‘third generation’ ouster clauses. It first traces the development of the law in relation to ouster clauses to set the scene, before turning to consider such clauses in relation to judicial bodies, addressing recent case law in the process. The article then considers third generation ouster clauses in relation to executive bodies, focusing in particular on the ‘proof of concept’ inherent in locating a straightforward executive-excluding ouster clause in the Dissolution and Calling of Parliament Act 2022. The paper then addresses the ouster clause model observable in the Illegal Migration Act 2023, even though it may well be repealed soon. Despite this potential repeal, the fact that an Act passed containing such clauses in relation to the executive is suggested to be of critical constitutional importance.