Principle

CONSTITUTIONAL LAW — Fundamental Rights — Ouster Clause Does Not Protect Nullity or Decision Made Without Jurisdiction

Area of law
CONSTITUTIONAL LAW
Court
Supreme Court

Decisions without jurisdiction are nullities and cannot ground estoppel. The principle applies to constitutional law. Ouster clauses do not protect void decisions. The rule ensures that jurisdictional defects are not immunised. The court will examine jurisdiction despite ouster provisions. The principle is well-established.

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