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An ouster clause or privative clause is, in countries with common law legal systems, a clause or provision included in a piece of legislation by a legislative body to exclude judicial review of acts and decisions of the executive by stripping the courts of their supervisory judicial function.
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".
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".
Section 2(3) is an ouster clause which prohibits a court or tribunal from hearing a legal challenge to a removal to Rwanda based on the safety of Rwanda. [1] Section 2(4) prohibits arguments that someone removed to Rwanda might be sent to another country and as a result face persecution [1]
In response to the Supreme Court of the United Kingdom ruling that the 2019 prorogation was unlawful, the act contains an ouster clause which seeks to ensure the non-justiciability of the revived prerogative powers. [5] This could prevent the courts from making rulings in relation to the sovereign's power to dissolve Parliament. [10]
Judicial review is a part of UK constitutional law that enables people to challenge the exercise of power, usually by a public body. A person who contends that an exercise of power is unlawful may apply to the Administrative Court (a part of the King's Bench Division of the High Court) for a decision. If the court finds the decision unlawful it ...
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.
The UK courts have also ruled that an opinion formed by an employer or other contracting body in relation to a contractual matter has to be "reasonable" in the sense in which that expression is used in Associated Provincial Picture Houses Ltd v Wednesbury Corporation: see the decision of the High Court in The Vainqueur José [4] and that of the ...