What might limit a court's ability to review decisions made by a tribunal?

A privative clause is a provision included in the legislation that establishes a tribunal, which aims to limit or exclude the power of the courts to review decisions made by that tribunal. When a decision is made by a tribunal with an effective privative clause, the courts are often restrained from intervening or overturning that decision, promoting a degree of finality to the tribunal’s determinations and respecting the expertise or specialization of the tribunal in its specific area.

This clause is intended to reduce the court's jurisdiction in reviewing the tribunal's decisions unless there are exceptional circumstances, such as a lack of jurisdiction or breaches of natural justice. Therefore, the existence of a privative clause is significant as it directly affects the balance of power between the judiciary and administrative bodies, and can limit judicial oversight.

Other potential factors that might influence the ability to review tribunal decisions, such as the judge's personal opinion, the type of case involved, or the tribunal's jurisdiction, do not have the same direct and focused impact on limiting the court's ability to review decisions as a privative clause does. These other factors may affect case outcomes or discussions about jurisdiction, but they do not serve the same specific purpose as a privative clause in limiting judicial review explicitly.