Privative Clauses! The Last Hurrah?

Abstract

[Extract]The effectiveness of privative clauses have bedevilled the common law ever since the Year Books. In recent times, it has been generally accepted that whenever Parliament creates an inferior tribunal, the courts retain an inherent right to supervise and control it, and any person aggrieved by a decision of the tribunal has a right to ask the court to exercise those powers. This article examines whether it is beyond the capacity of the Parliament – both State and Commonwealth – to confer upon an administrative tribunal the power to make authoritative and conclusive decisions as to the limits of its own jurisdiction.