A tribunal's enabling legislation contains a 'privative clause' this will affect:

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Multiple Choice

A tribunal's enabling legislation contains a 'privative clause' this will affect:

Explanation:
Privative clauses in a tribunal’s enabling legislation signal that the legislature intends the tribunal’s decisions to be final and largely immune from court review, except on questions of jurisdiction. This shapes judicial review by directing the court to defer to the tribunal on the merits and to focus the review on whether the tribunal acted within its authority. If the tribunal stayed within power, its decision is typically upheld even if the reviewing court would have interpreted the facts or the law differently. In other words, the clause narrows the ground of review to jurisdictional questions rather than a full merits review. The other aspects—what evidence the tribunal may consider, who can become an intervenor, or what orders and remedies the tribunal can grant—are governed by separate rules and statutes, not by the privative clause’s effect on the review standard.

Privative clauses in a tribunal’s enabling legislation signal that the legislature intends the tribunal’s decisions to be final and largely immune from court review, except on questions of jurisdiction. This shapes judicial review by directing the court to defer to the tribunal on the merits and to focus the review on whether the tribunal acted within its authority. If the tribunal stayed within power, its decision is typically upheld even if the reviewing court would have interpreted the facts or the law differently. In other words, the clause narrows the ground of review to jurisdictional questions rather than a full merits review. The other aspects—what evidence the tribunal may consider, who can become an intervenor, or what orders and remedies the tribunal can grant—are governed by separate rules and statutes, not by the privative clause’s effect on the review standard.

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