Ouster clauses, rule of law, and Parliamentary sovereignty. Discussing Privacy International

This essay addresses an instance in which the UK Supreme Court was called upon to assess whether an alleged ouster clause was effective in excepting a certain matter from the High Court’s power of judicial review. Using Privacy as a reference point, the paper seeks to investigate the public law context in which the case found itself – both in terms of the relevant legal rules and of the judicial treatment of such rules – to defend a generally negative evaluation of the Supreme Court’s analysis under administrative law, and to discuss the case’s constitutional potential.