THE SPECTRE OF OUSTER CLAUSES: THE DEPORTATION OF THE UNIVERSITY OF THE SOUTH PACIFIC VICE CHANCELLOR FROM FIJI
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DOI:
https://doi.org/10.55662/APLPR.2021.711Keywords:
Fiji, University of South Pacific, Vice ChancellorAbstract
Ouster clauses supposedly shield administrative decisions from judicial review. It is unforeseeable however that an ouster clause can make an unlawful decision lawful. The principle of the corporate veil that separates directors from the company as a legal entity, which can be lifted for breach of fiduciary duty illustrates this. Similarly, an unlawful administrative decision cannot be shielded by ouster clauses from judicial review.
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