The 'Blue Sky effect': a repatriation of judicial review grounds or a search for flexibility?
Article
Article Title | The 'Blue Sky effect': a repatriation of judicial review grounds or a search for flexibility? |
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ERA Journal ID | 35396 |
Article Category | Article |
Authors | |
Author | Young, Simon |
Journal Title | AIAL Forum |
Journal Citation | 2020 (98), pp. 54-69 |
Number of Pages | 16 |
Year | 2020 |
Place of Publication | Canberra, Australia |
ISSN | 1322-9869 |
Web Address (URL) | http://www.aial.org.au/resources/latest-editions |
Abstract | At the heart of the High Court’s important Project Blue Sky decision on procedural failure is a strong emphasis on specific parliamentary intent and context. It might be argued that in the succeeding years this emphasis has in various ways permeated the ongoing refinement of many other judicial review principles – relating (at least) to unreasonableness, bad faith, fraud, delegation and bias. The trend has a more complex and particularly interesting interplay with the ongoing development of principles relating to fair hearing and jurisdictional error. |
Keywords | administrative law, judicial review, project blue sky, legal evolution |
ANZSRC Field of Research 2020 | 480704. Migration, asylum and refugee law |
480504. Legal institutions (incl. courts and justice systems) | |
480701. Administrative law | |
Public Notes | Copyright in the forum of the articles as presented in this publication and on the AIAL and AUSTLII websites resides in the Australian Institute of Administrative Law Incorporated. |
Byline Affiliations | School of Law and Justice |
Institution of Origin | University of Southern Queensland |
https://research.usq.edu.au/item/q6072/the-blue-sky-effect-a-repatriation-of-judicial-review-grounds-or-a-search-for-flexibility
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