Ouster clauses, separation of powers and the intention of parliament: from Anisminic to Privacy International

Robert J T Craig

Ouster clauses, separation of powers and the intention of parliament: from Anisminic to Privacy International

Robert J T Craig^*

^*Corresponding author for this work

Research output: Contribution to journal › Article (Academic Journal) › peer-review

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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
Pages (from-to)	570-584
Journal	Public Law
Volume	4
Publication status	Published - 1 Nov 2018

Keywords

Judicial review
Legislative intention
Ouster clauses
Separation of powers

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https://uk.westlaw.com/Document/ID53EA620B7B011E8AC35D6541799292D/View/FullText.html

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title = "Ouster clauses, separation of powers and the intention of parliament: from Anisminic to Privacy International",

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.",

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AU - Craig, Robert J T

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N2 - 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.

AB - 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.

KW - Judicial review

KW - Legislative intention

KW - Ouster clauses

KW - Separation of powers

M3 - Article (Academic Journal)

VL - 4

SP - 570

EP - 584

JO - Public Law

JF - Public Law

SN - 0033-3565

ER -

Ouster clauses, separation of powers and the intention of parliament: from Anisminic to Privacy International

Abstract

Keywords

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