Tag: Cart
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Lewis Graham: On Ouster Clauses (Again)
When we think of the most important ouster clauses in the law of judicial review, we might think of the relevant parts of the Foreign Compensation Order considered in Anisminic, or section 67(8) the Regulation of Investigatory Powers Act, crucial to the decision in Privacy International. We might consider section 2 of the Judicial Review…
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Alison Young: Prorogation, Politics and the Principle of Legality
Constitutional lawyers often point to key cases as milestones in public law. Recently, the Supreme Court decision in Privacy International joined the ranks of leading public law cases, adding to the cases discussing ouster clauses and the extent to which courts can review decisions of inferior courts and tribunals in Anisminic and Cart. As Privacy…
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Hayley J. Hooper: Balancing Access to Justice and the Public Interest: Privacy International and Ouster Clauses in the Broader Constitutional Context
In November 2017, the Court of Appeal in R (Privacy International) v Investigatory Powers Tribunal unanimously held that a so-called “ouster clause” in respect of the of the Investigatory Powers Tribunal (IPT) was lawful. This decision may appear odd as out of step with what appears to be a steady march towards increasingly concrete principles…
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Mark Elliott and Robert Thomas: Cart and Eba—the new tribunals system and the courts
The Tribunals, Courts and Enforcement Act 2007 fundamentally reshapes both the way in which tribunals relate to one another and the way in which they relate to courts. The disparate collection of tribunals that had grown up ad hoc as policymakers sought ways of supplying administrative justice has been largely replaced with a single new…