Principle

CONSTITUTIONAL LAW — Fundamental Rights — Jurisdiction of High Court to Enforce Fundamental Rights Not Ousted by Finality Clause

Area of law
CONSTITUTIONAL LAW
Court
Supreme Court

Finality clauses cannot oust fundamental rights enforcement. The principle applies to constitutional law. Conviction for a non-existent offence at the time is void. The rule protects against ex post facto laws. The High Court retains jurisdiction under section 46. The principle is well-established.

Read the full principle with Sanctum

Sanctum is the key to all NLC content: judgments, principles, statutes, rules of court and court forms. Choose a plan from 1 month to 36 months.

Get Sanctum Access I’m a member — Log in