Public Law - Judicial review: ouster clauses revision notes (semester 2)
10 views 0 purchase
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.
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!!!
The benefits of buying summaries with Stuvia:
Guaranteed quality through customer reviews
Stuvia customers have reviewed more than 700,000 summaries. This how you know that you are buying the best documents.
Quick and easy check-out
You can quickly pay through credit card or Stuvia-credit for the summaries. There is no membership needed.
Focus on what matters
Your fellow students write the study notes themselves, which is why the documents are always reliable and up-to-date. This ensures you quickly get to the core!
Frequently asked questions
What do I get when I buy this document?
You get a PDF, available immediately after your purchase. The purchased document is accessible anytime, anywhere and indefinitely through your profile.
Satisfaction guarantee: how does it work?
Our satisfaction guarantee ensures that you always find a study document that suits you well. You fill out a form, and our customer service team takes care of the rest.
Who am I buying these notes from?
Stuvia is a marketplace, so you are not buying this document from us, but from seller miaalunt. Stuvia facilitates payment to the seller.
Will I be stuck with a subscription?
No, you only buy these notes for $4.04. You're not tied to anything after your purchase.
