The term “ouster” is generally used in English law to mean the wrongful dispossession of someone's right to property. In judicial review however, an 'ouster clause' has a separate meaning: limiting access to judicial review of the decisions of public bodies.

What is an Ouster Clause?

In English public law, judicial review allows an interested party the right to have the legality of a decision by a public body, or a private body exercising public functions, reviewed by the Administrative Court; a division of the High Court.

An ouster clause is a provision in a Parliamentary statute which excludes certain actions and decisions from judicial review; in the interests of the smooth administration of justice. The right to judicial review is a significant part of the UK constitution, so the courts take a narrow view of such clauses.

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