Principle

CONSTITUTIONAL LAW – Existing Laws – Ouster Clauses – Effect of 1979 Constitution on Pre-existing Ouster Provisions

Area of law
CONSTITUTIONAL LAW
Court
Supreme Court

Ouster clauses in pre-1979 Constitution statutes are impliedly repealed or modified by the Constitution to ensure conformity. The Constitution is supreme—any inconsistent law is void. The 1979 Constitution (and subsequent constitutions) guarantees access to courts and judicial review. Ouster clauses that attempt to exclude judicial…

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