HRA 1998

Question 1

What is the difference between the principle of legality and the requirement of legality?

Answer 1

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.]

Question 2

What is an ouster clause?

Answer 2

• in legisaltion
• try to shield decisions using the relevant statutory powers from judicial review
• note: courts typically quite hostile towards these.

Question 3

What kind of interpretative approach do courts tend to have towards ouster clauses?

Answer 3

• 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