Download Australian Administrative Law:: Fundamentals, Principles and by Matthew Groves, H. P. Lee PDF

By Matthew Groves, H. P. Lee

The expansion of administrative legislations in Australia has endured in an unabated shape because the advent of cutting edge reforms within the mid-seventies. The centre plank of those reforms was once the institution of the executive Appeals Tribunal with follow-on reforms on the subject of the Ombudsman, judicial evaluation and freedom of knowledge laws. The influence of those reforms has been enormous and important. This e-book seeks to take inventory of the expansion and improvement of administrative legislations rules. specific recognition is paid to the $64000 situations and key doctrines which offer the theoretical underpinnings of those ideas. during this publication a workforce of hugely revered administrative legislation students and jurists target to supply a lucid exposition of the appropriate case legislation, rules and doctrines. The ebook may still remove darkness from the basic beneficial properties of Australian administrative legislation and will turn out necessary to scholars and practitioners attracted to this box.

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In this connection, the ‘classic’ definition of judicial power formulated by Griffith CJ in Huddart Parker and Co. Pty Ltd v Moorehead32 is often invoked: The words ‘judicial power’ as used in s71 of the Constitution mean the power which every sovereign must of necessity have to decide controversies between its subjects, or between itself and its subjects, whether the rights relate to life, liberty or property. 34 Despite the fact that judicial power is an elusive concept, it is crucial that the true nature of a power be identified for that identification is pivotal in determining the validity of legislation which is alleged to violate the separation of judicial powers doctrine.

They are answerable to parliament THE CONSTITUTIONAL AND LEGAL MATRIX 5 for the failings of their departments. 17 The courts have largely avoided this debate though it is clear that they do not generally accept the availability of ministerial and other forms of political accountability as a sufficient reason to refrain from exercising their supervisory jurisdiction. At the same time, however, it is clear that the scope and intensity of judicial review can be affected by the possible role of political mechanisms of accountability, particularly for decisions with a high political content.

Bill cl 10(7) 363 Board of Education Act 1899 (62 and 63 Vict, 33) s1(2) 272 Human Rights Act 1998 2, 6, 51, 55, 230 art 14 52 art 16 52 Judicature Act 1873 369 Local Government Board Act 1871 (34 and 35 Vict, 70) s3 272 Mental Health Act 1983 181 Nationality, Immigration and Asylum Act 2002 363 Supreme Court Act 1981 372 Tribunals and Inquiries Act 1958 180 United Nations Convention on the Protection of Refugees 249 Convention on the Rights of the Child 299, 306, 307, 310, 315 art 3 301, 303, 315 art 3(1) 300, 308 TABLE OF STATUTES Convention Relating to the Status of Refugees 303 International Covenant on Civil and Political Rights 60, 73, 76, 303 art 2 71 art 5 64 art 5(1) 56 art 10 2(a) 305 art 12(3) 64 art 14(1) 59 art 19 59 art 19(3) 64 art 21 64 art 22(2) 64 International Covenant on Economic, Social and Cultural Rights 73 arts 4–5 64 art 5(1) 56 Universal Declaration of Human Rights 305 art 29(1) 56 United States of America Freedom of Information Act 5 USC s552 116 li 1 Australian administrative law: The constitutional and legal matrix Matthew Groves and HP Lee Administrative law is difficult to define, and we will not attempt to do so in an exact way.

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