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Words: | Submitted: Fri Feb 02 2007
... all embracing and final in nature. This means that a public bodies' decision is final and conclusive and cannot be enquired into by any court, even if the public body has not acted in good faith. The second clauses are limited as to time. This clause imposes a period or limit within which an individual may seek judicial review. Ouster clauses are of extreme importance as they relate to the decision making process, as it is needed to expedite the process of social and economic advancement and most importantly that public policy may require that finality be brought to a course of action. These explanations speak to the efficiency of the administration of government and the reason draftsmen designed 'judge-proof' legislations. However, these clauses are subject to much legal controversy; especially because they attempt to deny the subject access to the courts for redress of perceived illegality and more importantly, it ...
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