'The court agreed with the Attorney-General's Chambers that Section 9A a the ouster clause in the Elections Act applies, and that given that the names had been gazetted, the matter is now non-justiciable,' she told reporters after High Court judge Datuk Kamaludin Md Said delivered the decision in chambers.
The AGC had previously argued that Section 9A - which functions as an 'ouster clause' to exclude the courts' powers - should apply and the High Court should not review the EC's actions, as the 949 voters had already been gazetted.
An ouster clause
while denying local judges the power to scrutinise national actions and decisions and their impact on citizens' liberties ironically empowers international tribunals to entertain complaints from those citizens as first instance.
(15) Where these factors are present, the jurist is of the view that "the court is under an inescapable duty to hear and decide it, unless its jurisdiction in the matter is otherwise excluded by an ouster clause
contained either in the constitution or other law validly made ..." (16)
Clause 10 contained an ouster clause
that would have excluded the UK courts from reviewing decisions of the new Asylum and Immigration Tribunal.
In a series of interviews with a national newspaper they singled out the Government's planned "ouster clause
" barring the courts from ruling on the legality of asylum and immigration decisions as an "outrage".
This paper examines the Migration Legislation Amendment (Judicial Review) Act 2001 (Cth), which, by means of an expansive ouster clause
, significantly curtails curial supervision of immigration and refugee decisions by both the Federal Court and the High Court.
Ng said the AGC had argued that Section 9A - which functions as an 'ouster clause
' to exclude the courts' powers - should apply and the High Court should not review the EC's actions, as the 949 voters had already been gazetted.
It may be noted that there is an ouster clause
in the Constitution that bars high courts from hearing matters related to the military.
'Thus serious questions about the relationship among different organs of the government, judicial independence and their constitution have emerged in view of these ouster clauses
,' the applicant stated.
'It is my finding that the ouster clauses
offends the constitutional principle of the rule of law because an aggrieved citizen is denied the possibility of access to the courts to challenge decisions affecting them," the judge said.
"It is my finding that the ouster clauses
offend the constitutional principle of the rule of law because an aggrieved citizen is denied the possibility of access to the courts to challenge decisions affecting them," Justice Mativo said.