Nicolò A. Gaggero

Ouster clauses, rule of law, and Parliamentary sovereignty: Discussing Privacy International (2019)

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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


  • ouster clauses
  • rule of law
  • parliamentary soveriegnty
  • judicial review
  • jurisdictional errors


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