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词汇 Ouster of jurisdiction
分类 英语词汇 英语翻译词典
释义

Ouster of jurisdiction

英语百科

Ouster clause

A sculpture of Lady Justice in the tympanum of the Old Supreme Court Building in Singapore. Ouster clauses seek to exclude courts from reviewing actions and decisions of the executive branch of government.
Traffic signals along Stamford Road, Singapore. The effectiveness of an ouster clause may depend on whether a particular jurisdiction adopts the red-light or green-light theory of administrative law.
Field House at 15 Bream's Buildings, London, where the Upper Tribunal is based. In a 2011 judgment, the UK Supreme Court held that not all decisions of the Upper Tribunal are subject to judicial review.
The Supreme Court of India held in a 1980 case that judicial review is part of the basic structure of the Constitution

An ouster clause or privative clause is, in countries with common law legal systems, a clause or provision included in a piece of legislation by a legislative body to exclude judicial review of acts and decisions of the executive by stripping the courts of their supervisory judicial function. According to the doctrine of the separation of powers, one of the important functions of the judiciary is to keep the executive in check by ensuring that its acts comply with the law, including, where applicable, the constitution. Ouster clauses prevent courts from carrying out this function, but may be justified on the ground that they preserve the powers of the executive and promote the finality of its acts and decisions.

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