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The common law system is the legal system followed in Australia, inherited from the United Kingdom. Common law is developed by judges on a case by case basis, building on the precedent and interpretation of earlier court decisions.
The writ of habeas corpus demands that a person incarcerated be brought before the court to determine whether there is lawful authority to detain the person. The writ of quo warranto requires the decision maker to show by what authority they exercise a power.
A statutory provision that purports to limit or preclude judicial review of a defined category of administrative action or decision.
Privative clauses, for example the classic Australian formulation: Any decision is final and conclusive: and must not be challenged, appealed against, reviewed, quashed or called in question in any court; and is not subject to prohibition, mandamus, injunction, declaration or certiorari in any court on any account.79.
Privative clauses A. What are they and what is their purpose? Broadly speaking, privative clauses, also known as ouster clauses, are legislative provisions that purport to prevent certain administrative decisions from being subject to judicial review.