ouster clause


Also found in: Wikipedia.

ouster clause

a clause which seeks to exclude the jurisdiction of the courts. There are detailed rules in different systems to control or limit or permit such clauses. They can have real benefits in allowing parties to agree to settle their differences quickly, cheaply and without formality, as, for example, by arbitration.
References in periodicals archive ?
It may be noted that there is an ouster clause in the Constitution that bars high courts from hearing matters related to the military.
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.
In the Tribunal's judgment, the ouster clauses imposed by the Zimbabwe government on Zimbabwe courts from entertaining complaints from victims of agricultural land seizures constituted violation of their human rights as the SADC Treaty guarantees.
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 .
The question was urged before the court whether it could go behind this ouster clause to entertain complaints with regards to the impeachment proceedings.
Their jurisdiction is to give effect to the ouster clause because that is what the Constitution says .
Clause 10 contained an ouster clause that would have excluded the UK courts from reviewing decisions of the new Asylum and Immigration Tribunal.
Rawlings would also argue that the defeat of the ouster clause in the House of Lords was due in large part to the conjoining of rights-based arguments that stressed a vibrant common law constitutionalism and reinforced human rights arguments with traditional domestic notions of the rule of law.
Significantly, in both jurisdictions, human rights and the rule of law have provided the justification for parliament's rejection of key planks in the government's restrictive asylum policies--in Australia, the rejection of mandatory detention and offshore processing, and in the UK, the rejection of the ouster clause.
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.
28) Admittedly, the Hickman construction was adopted in both the Coldham and O'Toole decisions and the government has apparently drafted its ouster clause on the basis that a similar reading would apply.
115) Implicit approval for this wider interpretation of Hickman can be sought in assertions by Mason CJ that an ouster clause would validate a decision if tainted by `a mere defect or irregularity which does not deprive the tribunal of the power to make the award or order.