PrincipleJURISDICTION – Statutory Interpretation – Ouster Clauses – Effect of Constitution
- Area of law
- JURISDICTION
- Court
- Supreme Court
Ouster clauses in pre-1979 Constitution statutes are impliedly repealed or modified by the Constitution. The Constitution is supreme—any inconsistent law is void. The 1979 Constitution (and subsequent constitutions) guarantees access to courts and judicial review. Ouster clauses that attempt to exclude judicial scrutiny conflict with…
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