Immunity of the Crown from statute and suit
Article
Article Title | Immunity of the Crown from statute and suit |
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ERA Journal ID | 33167 |
Article Category | Article |
Authors | |
Author | Gray, Anthony |
Journal Title | Canberra Law Review |
Journal Citation | 2010 (1), pp. 1-35 |
Number of Pages | 35 |
Year | 2010 |
Place of Publication | Canberra, Australia |
ISSN | 1320-6702 |
Web Address (URL) | http://www.canberra.edu.au/faculties/law/attachments/pdf/the-canberra-law-review-articles/Anthony-Gray-Immunity-of-the-Crown2.pdf |
Abstract | This paper explores the extent to which the Crown should be liable to suit and bound by statute. It considers the extensive history of these principles, and acknowledges developments in the ability of an individual to bring suit against the Crown. It argues that despite some reforms occurring in the Bropho case, there is a need for further reform, specifically that the general position should be that the Crown is bound by legislation, provided the legislation does not alter Crown prerogatives. The current presumption that the Crown is not bound by legislation ought to be overturned. |
Keywords | Crown immunity; Crown; Bropho; Bombay |
ANZSRC Field of Research 2020 | 480701. Administrative law |
Public Notes | All attempts to contact publisher were returned. Publisher = University of Canberra. |
Byline Affiliations | School of Law |
https://research.usq.edu.au/item/q0354/immunity-of-the-crown-from-statute-and-suit
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