HRA 1998 Flashcards
1
Q
What is the difference between the principle of legality and the requirement of legality?
A
Principle of legality:
Fundamental rights cannot be overridden by general or ambiguous words.
Requirement of legality:
government must act in accordance with the law. Thus Governmental power can only be exercised on identifiable authority and in a lawful manner.]
2
Q
What is an ouster clause?
A
- in legisaltion
- try to shield decisions using the relevant statutory powers from judicial review
- note: courts typically quite hostile towards these.
3
Q
What kind of interpretative approach do courts tend to have towards ouster clauses?
A
- Purposive approach (e.g. amnisic)
- The courts see ouster clauses as an affront to its constitutional purpose of holding the Executive to account
- requirement for the ouster clause to be valid in order for it to properly apply
