PrincipleJURISDICTION – Statutory Interpretation – Ouster Provisions – Restrictive Construction Required
- Area of law
- JURISDICTION
- Court
- Supreme Court
Courts adopt a restrictive construction of ouster provisions (clauses that attempt to exclude judicial review). Such provisions are scrutinised strictly and not extended beyond their ordinary meaning. The court jealously guards its jurisdiction. Any ambiguity is resolved against ouster. The presumption is that courts retain…
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