Reflects on the constitutional implications of ouster clauses, especially regarding separation of powers. Discusses the approach adopted in Anisminic Ltd v Foreign Compensation Commission (HL), the case's subsequent application, and the impact of R. (on the application of Privacy International) v Investigatory Powers Tribunal (CA). Considers whether a distinction should be drawn between clauses addressed to judicial and administrative bodies.
|Publication status||Published - 1 Nov 2018|
- Judicial review
- Legislative intention
- Ouster clauses
- Separation of powers