Abstract

This essay addresses an instance in which the UK Supreme Court was called upon to assess whether an alleged ouster clause was effective in excepting a certain matter from the High Court’s power of judicial review. Using Privacy as a reference point, the paper seeks to investigate the public law context in which the case found itself – both in terms of the relevant legal rules and of the judicial treatment of such rules – to endorse a generally negative evaluation of the Supreme Court’s analysis under administrative law, and to discuss the case’s constitutional potential