#jr #law #public
A total ouster clause is one that appears completely to exclude judicial review. The courts are generally hostile to total ouster clauses as they are seen, in constitutional terms,to represent a challenge to the rule of law. Judicial review is seen as a basic right of all citizens. The modern judiciary has responded by developing an extremely strong presumption of statutory interpretation that Parliament does not intend to exclude judicial review. Almost invariably, therefore, the courts will hold that judicial review was not intended to be excluded.
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