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Public Law - Judicial review: ouster clauses revision notes (semester 2) CA$5.48   Add to cart
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Public Law - Judicial review: ouster clauses revision notes (semester 2)
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  • Course
  • Public Law (LAW106)
  • Institution
  • The University Of Liverpool (UoL)

Documents containing all the relevant information about the topic, condensed into colour coded tables to enable easier memorisation and order. I achieved a first class in public law using these notes.

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  • January 14, 2024
  • 1
  • 2022/2023
  • Exam (elaborations)
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Subjects

  • public law
  • constitutional law
  • law
  • problem questions law
  • public law exam revision notes
  • constitutional law exam revision notes

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  • The University of Liverpool (UoL)
  • Unknown
  • Public Law (LAW106)
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Judicial Review – ousters


JUDICIAL REVIEW – OUSTERS

parliament will attempt to oust the jurisdiction of the courts so the principles of judicial
review and the institutions of judicial review would not be made available, but judges will
often find a way around these ouster clauses
 Judges will pretend that they didn’t know this is not what parliament intended which
shows their resistance to parliament regarding judicial review
 The courts are willing to go out their way to protect judicial review

ISSUE: The issue is whether the courts will go to great lengths to ensure they remain in a
position to administer the principles of judicial review.

ISSUE WITH OUSTERS Courts don’t just apply and make the rules of judicial review,
they ensure they remain in a position to do this by judges
pretending they didn’t know parliament intended to oust
them

AUTHORITY WHICH Anisnimic
DEMONSTRATES THIS
JACKSON DICTA WHICH “In exceptional circumstances involving an attempt to abolish
QUESTIONS judicial review or the ordinary role of the courts, the …
PARLIAMENTARY Supreme Court may have to consider whether this is a
SOVEREIGNTY constitutional fundamental which even a sovereign
Parliament…cannot abolish”
(Lord Steyn)

 Shows how the importance and how serious judicial
review is taken
 Judges willing to go against constitutional orthodoxy
as they believe that judicial review is fundamental

HIGHLY CONTESTED Some constitutional lawyers think that parliament cannot
CONCEPT OF interfere with judicial review
PARLIAMENTARY
SOVEREIGNTY However, others think this would mess up parliamentary
sovereignty and that as parliamentary sovereignty is a true,
fundamental principle they must have the power to oust
judicial review

THEN APPLY TO FACTS OF PROBLEM QUESTION!!!

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