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Rwanda Act: a constitutional crisis?

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We are in unprecedented territory, writes Lord Carter of Haslemere. So what will our courts do next?

There are ‘ousters’ and there are ‘ousters’. I am referring, of course, to judicial ousters enacted by Parliament which seek to restrict judicial review of decisions by the executive. My colleague Nick Wrightson wrote last year (‘Lunges, parries & the ouster clause’, 173 NLJ 8036, p17) that under our constitution, Acts of Parliament are supreme and Parliament can curtail the jurisdiction of the courts if it so chooses. On a number of previous occasions—for example, R (on the application of Privacy International) v Investigatory Powers Tribunal and others [2019] UKSC 22, [2019] 4 All ER 1—such ousters failed because the courts held that such a clause will not protect a decision that is legally invalid, except by the most clear and express words. These examples illustrate what Mr Wrightson referred to as a ‘constitutional parry’. As he observed, Parliament has subsequently avoided this by more explicit language, such as in s

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MOVERS & SHAKERS

Arc Pensions Law—Matthew Swynnerton

Arc Pensions Law—Matthew Swynnerton

Chair of the Association of Pension Lawyers joins as partner

Ampa Group—Kamal Chauhan

Ampa Group—Kamal Chauhan

Group names Shakespeare Martineau partner head of Sheffield office

Blake Morgan—four promotions

Blake Morgan—four promotions

Four legal directors promoted to partner across UK offices

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An obscure Victorian tort may be heading for an unexpected revival after a significant Privy Council ruling that could reshape liability for dangerous escapes, according to Richard Buckley, barrister and emeritus professor of law at the University of Reading
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