Principle

JURISDICTION β€” Ouster Clause β€” Interpretation of Ouster Clause β€” No Ouster Clause Can Protect Inferior Court or Tribunal Against Violation of Jurisdictional Limits

Area of law
JURISDICTION
Court
Supreme Court

Ouster clauses cannot protect acts done in excess of jurisdiction. The court retains jurisdiction to determine whether the tribunal acted within its powers. The principle is fundamental to the rule of law. The tribunal cannot insulate itself from review by an ouster clause if it…

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