ABSTRACT
Parliament may effectively oust the jurisdiction of the courts by inserting a clause into statute which provides that a subordinate piece of legislation shall have effect ‘as if enacted in this Act’, or that confirmation of an order by a designated minister shall be ‘conclusive evidence that the requirements of this Act have been complied with, and that the order has been duly made and is within the powers of this Act’. Such clauses were strongly criticised in 1932 by the Committee on Ministers’ Powers38 but, nevertheless, they continue to be used and have been effective in ousting judicial review. In R v Registrar of Companies ex parte Central Bank of India (1986), for example, a clause in the Companies Act 1985 effectively ousted the jurisdiction of the courts. Nevertheless, the potential for their use, and their effectiveness, provides the basis for a damaging exclusion of judicial review.
