6.3 Presumption Regarding Jurisdiction

The presumption: the court's jurisdiction not taken away WITHOUT express words (the ouster's clear-statement requirement) — the general-and-ambiguous words not presumed to exclude the courts; the rationale: the justice's access-preservation (the judicial power's protection); the faces: the tribunals'-and-administrative jurisdiction questions (the concurrent-and-exclusive jurisdictions' reading); the alternative-jurisdiction presumptions (the special remedies' exclusivity debated — the ouster clauses' narrow construction); the Nepal craft (the writ jurisdiction's protection — the ouster clauses' strict reading; the tribunal-vs-court conflicts' resolution).