LEGAL PRINCIPLE: ADMINISTRATIVE LAW – Interpretation of Ouster Clauses – Strict Construction
PRINCIPLE STATEMENT
Any statute ousting the jurisdiction of the court must be construed strictly as clear words are required to oust the jurisdiction of a court, more so when such act cannot be questioned in any court of law.
RATIO DECIDENDI (SOURCE)
"Any statute ousting the jurisdiction of the Court must be construed strictly as clear words are required to oust the jurisdiction of a court more so when such act cannot be questioned in any court of law."
EXPLANATION / SCOPE
Ouster clauses excluding or limiting court jurisdiction receive strict, narrow construction favoring preservation of jurisdiction. Access to courts is a fundamental right; 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 strict construction is particularly important when ouster is total (the act “cannot be questioned in any court of law”), as this eliminates all judicial review. The principle reflects constitutional importance of judicial power and the presumption that the legislature does not intend to exclude courts without the clearest expression. Ambiguous ouster provisions are read restrictively, applying only to clearly specified situations. This protects access to justice and ensures judicial oversight is not removed through vague or uncertain statutory language.