Options for the doctrine of Crown immunity in 21st century Australia

Gray, Anthony (2009) Options for the doctrine of Crown immunity in 21st century Australia. Australian Journal of Administrative Law, 16 (4). pp. 200-210. ISSN 1320-7105

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Abstract

This article reviews the historical basis of the doctrine by which the Crown is said to be immune from statute. It finds the evidence in favour of Crown immunity to be equivocal. The article then considers arguments for reform of the current limited Crown immunity doctrine, including complete abolition of the doctrine, a presumption that the Crown is bound by statute, and whether different rules should apply in respect of Crown prerogatives.


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Item Type: Article (Commonwealth Reporting Category C)
Refereed: Yes
Item Status: Live Archive
Additional Information: Published version deposited with permission of publisher.
Depositing User: Dr Anthony Gray
Faculty / Department / School: Historic - Faculty of Business - School of Law
Date Deposited: 15 Sep 2009 06:03
Last Modified: 07 Jul 2014 05:05
Uncontrolled Keywords: Crown immunity, Bropho, Crown
Fields of Research (FOR2008): 18 Law and Legal Studies > 1801 Law > 180103 Administrative Law
Socio-Economic Objective (SEO2008): C Society > 94 Law, Politics and Community Services > 9404 Justice and the Law > 940405 Law Reform
URI: http://eprints.usq.edu.au/id/eprint/5690

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