‘Recently enacted clauses expressly include define a “determination” to include a “purported determination” or state that a court may not question a “determination or purported determination”. It is obvious what is happening. This drafting technique is a direct response to judicial decisions such as the landmark cases in Anisminic and Privacy International. In this post, I argue that it would be a mistake to treat this new drafting technique—the insertion of the word “purported”—as excluding judicial review completely. A court faced with a challenge will have to determine whether a challenged thing is a “purported determination”. There may be cases where something might present itself to be a determination, but a court concludes that it does not answer the description of either a real or purported determination.’
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UK Constitutional Law Association, 9th September 2026
Source: ukconstitutionallaw.org