Tag: High Court
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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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Philip Murray: Reconsidering Ouster Clauses: The High Court’s Decision in Oceana
To many, ouster clauses represent a conflict between, on the one hand, the will of a sovereign Parliament and, on the other, the rule of law’s demands that public bodies act within the limits of their powers. The common law has traditionally sought to interpret ouster clauses restrictively, employing reasoning articulated classically (but far from…
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Daniella Lock: UK Government Assessments of Risk to Refugees and ECHR Constraints on UK Immigration Policy in the Rwanda Ruling
This post examines the High Court’s December ruling on the lawfulness of the UK Government’s Rwanda scheme. The Rwanda scheme allows people to be removed to Rwanda to have their asylum claims determined, where that claim is considered inadmissible in the UK. The lawfulness of the scheme partly turned on its compatibility with the UK’s…