I have previously written on this blog and elsewhere about statutory interpretation and the rule of law. In the previous blog post I stated that the idea “that the courts will not allow the executive to escape their jurisdiction is well established as part of the rule of law” and referenced, inter alia, Anisminic Ltd v Foreign Compensation Commission [1969] 2 AC 147 (HL) to support this view.
This is an overarching principle, which has manifested itself most obviously in the courts’ treatment of so-called ouster clauses. The traditional view is that such clauses will be interpreted in such a way that does not preclude judicial supervision of the administrative process. The reasoning for this is simple: every body of the state derives its legal powers from law and, because of this, to be acting lawfully one has to act within one’s powers. A necessary component of this is…
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Utopia, you are standing in it! 
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