Probing the frontiers of administrative law

Article

Johnston, Peter, Young, Simon, Hooker, Richard and Pontre, Tom. 2011. "Probing the frontiers of administrative law." ALIAL Forum. 67, pp. 1-34.
Article Title

Probing the frontiers of administrative law

ERA Journal ID35396
Article CategoryArticle
AuthorsJohnston, Peter (Author), Young, Simon (Author), Hooker, Richard (Author) and Pontre, Tom (Author)
Journal TitleALIAL Forum
AIAL Forum
Journal Citation67, pp. 1-34
Number of Pages34
Year2011
Place of PublicationDeakin West, ACT
ISSN1322-9869
Web Address (URL)http://www.aial.org.au/Publications/webdocuments/Forums/Forum67.pdf
Abstract

This article seeks to discern trends emerging in several key decisions (Plaintiff M70/2011 v Minister for Immigration and Citizenship, Saeed v Minister for Immigration and Citizenship, Kirk v Industrial Relations Commission (NSW), Minister for Immigration and Citizenship v SZMDS, and Plaintiff M61/2010E v Commonwealth (M61)) in which the Court is arguably developing and clarifying its approach to judicial review in Australia. This is at a time when Australian administrative law is apparently diverging from other common law jurisdictions, such as the United Kingdom, New Zealand and Canada. In the cases discussed, the Court may be seen as working towards a rationale that justifies its development of a distinctively Australian jurisprudence. We seek to identify these emerging themes with a view to establishing whether they may be of some predictive value for future public law litigation. We first consider the themes becoming evident in Saeed, Kirk, SZMDS and M61 and then assess how Plaintiff M70 fits into the frame.

ANZSRC Field of Research 2020480701. Administrative law
Byline AffiliationsUniversity of Western Australia
Francis Burt Chambers, Australia
Institution of OriginUniversity of Southern Queensland
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