Abstract
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.
Original language | English |
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Pages (from-to) | 570-584 |
Number of pages | 14 |
Journal | Public Law |
Volume | 4 |
Publication status | Published - 1 Nov 2018 |
Keywords
- Judicial review
- Legislative intention
- Ouster clauses
- Separation of powers