Search results
Results From The WOW.Com Content Network
If an ouster clause achieves its desired effect in preventing the courts from exercising judicial review, it will serve as a clear signal to the decision-maker that it may operate without fear of intervention by the courts at a later stage. [1]: 392 However, ouster clauses have traditionally been viewed with suspicion by the courts. [6]
If there is no legally valid decision (that is, the purported decision is legally a nullity) there is no "decision" to which an ouster clause can apply. The Lords found the purported decision to be invalid (a nullity), because the tribunal had misconstrued the term "successor in title".
The starting point for analysing ouster clauses and their effects is the landmark decision Anisminic Ltd. v. Foreign Compensation Commission (1968). [8] In that case, the House of Lords is regarded as having abolished the distinction between jurisdictional and non-jurisdictional errors of law when it was considering the effect of an ouster clause.
Gov. Ron DeSantis' ouster of a Central Florida state attorney may have overtones of Donald Trump's pledge to seek revenge on prosecutors.
The Hamilton County DA's office has been in Shelby County multiple times to interview individuals for the ouster case, including in March, when Wamp made her first public appearance regarding the ...
Why was an ouster petition filed against Wanda Halbert? The petition lists a history of incorrect financial reporting, strains on auto dealers in the county, comptroller deficiencies and the clerk ...
Richard Ekins said the ruling "undermines the rule of law and violates the sovereignty of Parliament". [2] According to Ekins, any judge who deliberately ignored an ouster clause "would warrant removal from office in accordance with the terms of the Senior Courts Act 1981".
Associated Provincial Picture Houses Ltd. v Wednesbury Corporation [1948] 1 KB 223 [1] is an English law case that sets out the standard of unreasonableness in the decision of a public body, which would make it liable to be quashed on judicial review, known as Wednesbury unreasonableness.