LEGAL PRINCIPLE: CONSTITUTIONAL LAW – Jurisdiction of Court – Strict Construction of Statute Ousting Jurisdiction
PRINCIPLE STATEMENT
Any statute ousting the jurisdiction of the courts is to be construed very strictly to ensure that the jurisdiction existing is not withdrawn without very clear words to that effect.
RATIO DECIDENDI (SOURCE)
"It is well settled that any statute ousting the jurisdiction of the Courts is to be construed very strictly to ensure that the jurisdiction existing is not withdrawn without very clear words to that effect."
EXPLANATION / SCOPE
Ouster clauses that exclude or limit court jurisdiction receive strict, narrow construction favoring preservation of jurisdiction. Access to courts is fundamental; courts resolve doubts against ouster, not in favor. Only express, unambiguous language suffices to exclude jurisdiction—implied or doubtful provisions are interpreted to preserve judicial oversight. This reflects constitutional importance of judicial power and presumption that the legislature does not intend to exclude courts without clear expression. Ambiguous ouster provisions are read restrictively, applying only to clearly specified situations. The principle protects access to justice and ensures judicial oversight is not removed through vague or uncertain statutory language.