Sentence examples for jurisdictional error from inspiring English sources

The judgement of the High Court was that 'the ministerial declaration of 25 July 2011 was affected by jurisdictional error.

He went on to state that "as a matter of principle, there is no justification for drawing the line at jurisdictional error".

Tham Chee Ho has opined that where a jurisdictional error of law is involved, judicial review will be available despite the presence of an ouster clause.

However, it appears that Anisminic had defined the concept of jurisdictional error of law so broadly that it had made redundant the old divide between jurisdictional and non-jurisdictional errors and had "led to the use of the word 'jurisdictional' in a wide sense to cover all errors of law which entailed illegality".

The High Court case of Re Application by Yee Yut Ee (1978) suggests that the pre-Anisminic position on ouster clauses applies in Singapore; that is, the distinction between jurisdictional and non-jurisdictional errors of law persists, and an ouster clause is only ineffective where a jurisdictional error of law has been committed.

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.

If this distinction between jurisdictional and non-jurisdictional errors of law exists, section 8B(2) will preclude judicial review of non-jurisdictional errors of law but not jurisdictional errors.

While recognizing the traditional understanding that jurisdictional errors of law are of no effect, his Lordship also stated that there are many cases where although the decision-maker has jurisdiction to decide, the determination is also a nullity.

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.

Despite the extensiveness of the ruling in Anisminic, it appears that there may be instances where the courts will still be bound by the jurisdictional and non-jurisdictional error of law divide.

Ouster clauses are related to another administrative law concept: jurisdictional and non-jurisdictional errors of law.