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Law reform role of judges - ouster and finality clauses

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"Ouster" clauses

 

 or

 

"Finality" clauses

An Ouster or Finality Claus is a provision in an Act of Parliament to restrict or eliminate Judicial Review.

 

Parliament uses these clauses to bring finality to decisions that they wish to be determined in the way they have laid down without delays or without an interpretation that does not meet the political expectations of the executive.

 

For example, Parliament may not wish long protracted public enquiries when road developments are planned.

 

Examples of expressions used by Parliament

It is sometimes provided by a particular statute that a decision taken under it ‘shall he final’. or ‘shall he final and conclusive’, or ‘shall not he appealable’, or ‘shall not he questioned in any legal proceedings whatsoever’.

 

Such expressions are known as ‘finality’ or ‘ouster clauses because they make the original decision final by attempting to oust the jurisdiction of the courts.

 

Response of the courts

Courts will s