Principle

CONSTITUTIONAL LAW – Constitutional Supremacy and Voidness – Ouster Clauses – Inconsistency with 1979 Constitution Rendering Ouster Clause Invalid

Area of law
CONSTITUTIONAL LAW
Court
Supreme Court

This reinforces Principles 268-269, 273-274, and 340-341 on ouster clauses. Section 4(8) of 1979 Constitution (similar provisions in subsequent constitutions) establishes: (1) Legislative exercise is subject to court jurisdiction; (2) Legislature cannot oust courts' jurisdiction; (3) Laws attempting to oust jurisdiction are prohibited. Section 274(1)…

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