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 |
| 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
Access to Document
- Full-text PDF (author’s accepted manuscript)
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