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Exclusion of judicial review has been attempted by the Parliament of Singapore to protect the exercise of executive power. Typically, this has been done though the insertion of finality or total ouster clauses into Acts of Parliament, or by wording powers conferred by Acts on decision-makers subjectively. Finality clauses are generally viewed restrictively by courts in the United Kingdom. The courts there have taken the view that such clauses are, subject to some exceptions, not effective in denying or restricting the extent to which the courts are able to exercise judicial review. In contrast, Singapore cases suggest that ouster clauses cannot prevent the High Court from exercising supervisory jurisdiction over the exercise of executive power where authorities have committed jurisdictional errors of law, but are effective against non-jurisdictional errors of law. A partial ouster or time limit clause specifies a restricted period, after which no remedy will be available. Such clauses are generally effective, unless the public authority has acted in bad faith. Similarly, the existence of bad faith entitles applicants to challenge decisions of authorities despite the existence of statutory provisions declaring such decisions to be conclusive evidence of certain facts. In the absence of bad faith, the courts will enforce conclusive evidence clauses. In general, subjectively worded powers are also viewed restrictively by the Singapore courts. In ''Chng Suan Tze v. Minister for Home Affairs'' (1988), the Court of Appeal took the view that an objective test applied to the exercise of discretion conferred by the ("ISA") on the President and the Minister for Home Affairs concerning the detention without trial of persons thought to be a risk to national security. Hence, the jurisdiction of the High Court was not completely ousted, and it could objectively examine whether the relevant decision-makers had exercised their powers properly. However, legislative amendments to the ISA in 1989 reversed the effect of ''Chng Suan Tze'' by mandating that the courts are to apply a subjective test to the exercise of the discretion, and by excluding judicial review except where there is doubt whether the procedures set out in the Act were adhered to. Nevertheless, the subjective test is only applicable in the context of the ISA, and the rule that an objective test applies to subjectively worded powers continues to apply where statutes other than the ISA are concerned. ==Total ouster or finality clauses== An ouster clause in a statute is an attempt by the legislature to prevent an act or decision by a public authority from being challenged before the courts. Such clauses thus serve as a signal to decision-makers that they may operate without fear of intervention by the courts at a later stage. One common kind of ouster clause is the total ouster or finality clause, which is inserted into a statute to indicate that the decision of a particular judge or tribunal is final and cannot be challenged by any court.〔.〕 The main legal issue with ouster clauses is whether it is in fact possible to exclude the jurisdiction of the courts by the use of carefully drafted provisions. Thio Li-ann has noted that "courts generally loathe ouster clauses as these contradict the rule of law whereby judges finally declare the legal limits of power and also as the individual's ultimate recourse to the law is denied. Hence, courts try to construe these strictly to minimise their impact. In so doing, they may be going against the grain of parliamentary will."〔.〕 Ouster clauses are related to another administrative law concept: jurisdictional and non-jurisdictional errors of law. Traditionally, at common law, an ouster clause precludes a court from interfering with a decision made by a public authority which was acting within its jurisdiction, but committed a non-jurisdictional error of law. However, the clause is not effective in preventing judicial review of errors of law that affect the jurisdiction of the authority to make the decision.〔.〕 For instance, in ''R. v. Medical Appeal Tribunal, ex parte Gilmore'' (1957),〔.〕 Lord Justice of Appeal Alfred Denning said that it was "well settled that the remedy by certiorari is never to be taken away by any statute except by the most clear and explicit words. The word 'final' is not enough."〔''Ex parte Gilmore'', p. 583.〕 The effect of such a clause is to make "the decision final on the facts, but not final on the law. Notwithstanding that the decision is by a statute made 'final,' certiorari can still issue for excess of jurisdiction or for error of law on the face of the record."〔〔Applied in .〕 However, in the light of developments in the law, such a differentiation may no longer be applicable depending on the judicial school of thought employed.〔 抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』 ■ウィキペディアで「Exclusion of judicial review in Singapore law」の詳細全文を読む スポンサード リンク
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