Probing the frontiers of administrative law
Article
Article Title | Probing the frontiers of administrative law |
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ERA Journal ID | 35396 |
Article Category | Article |
Authors | Johnston, Peter (Author), Young, Simon (Author), Hooker, Richard (Author) and Pontre, Tom (Author) |
Journal Title | ALIAL Forum |
AIAL Forum | |
Journal Citation | 67, pp. 1-34 |
Number of Pages | 34 |
Year | 2011 |
Place of Publication | Deakin West, ACT |
ISSN | 1322-9869 |
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 2020 | 480701. Administrative law |
Byline Affiliations | University of Western Australia |
Francis Burt Chambers, Australia | |
Institution of Origin | University of Southern Queensland |
https://research.usq.edu.au/item/q2829/probing-the-frontiers-of-administrative-law
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