LAWS 3506 Lecture Notes - Lecture 8: Ouster Clause, Privative, Statutory Interpretation
27 Nov 2016
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Judicial review is the means by which the courts supervise those who exercise statutory powers, to ensure that they do not overstep their legal authority. The function of judicial review is there to ensure the legality, the reasonableness and the fairness of the admin process and its outcomes. Jr and the rule of law (p. 156) In dunsmuir, court emphasized the relationship between jr and the rule of law. Parliament and legislatures to create various admin bodies and endow them with broader powers. Jr is also connected to a legislative supremacy. Jr also connected to the courts constitutional protection: at para 31. Privative clause: a section of law, typically right in the statute that creates an administrative tribunal, that states that all or select decisions of that tribunal are final and conclusive and not subject to judicial review. The court then set out the criteria for selecting the appropriate standard of review (paras 51-55)
