By Finality Clause Jurisdiction?

the clause in some statutes that the decision of some delegated authority shall be final. However, the courts have developed ways of examining the decisions, particularly if they do not proceed in accord with law. The judge described this section a "finality clause", which restricts or eliminates judicial review.

What is legal finality clause?

Finality clause are provided by the statute to declare that a decision by any agency “shall be final”. In the landmark judgement of R. v. Medical Appeal Tribunal, ex p. ... The decision given by the administrative tribunal can only be final upon finding of the facts and not the question of law.

Are ouster clauses unconstitutional?

Ouster clauses are unconstitutional vis-à-vis Articles 12(1) and 93 of the Constitution; the High Court's view does not accord with the law on non-justiciability and is premised on a flawed theory of legislative intention.

Elena Rostova

Elena Rostova

Lead Health, Wellness & Medical Journalist

Elena Rostova holds a Master's degree in Public Health Journalism. She covers groundbreaking medical research, holistic wellness trends, mental health awareness, and nutritional science.