Immunity of the Crown from statute and suit

Gray, Anthony (2010) Immunity of the Crown from statute and suit. Canberra Law Review, 2010 (1). pp. 1-35. ISSN 1320-6702

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.


Statistics for USQ ePrint 9307
Statistics for this ePrint Item
Item Type: Article (Commonwealth Reporting Category C)
Refereed: Yes
Item Status: Live Archive
Additional Information: All attempts to contact publisher were returned. Publisher = University of Canberra.
Depositing User: Dr Anthony Gray
Faculty / Department / School: Historic - Faculty of Business - School of Law
Date Deposited: 13 Jan 2011 12:06
Last Modified: 03 Jul 2013 00:10
Uncontrolled Keywords: Crown immunity; Crown; Bropho; Bombay
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 > 9402 Government and Politics > 940203 Political Systems
URI: http://eprints.usq.edu.au/id/eprint/9307

Actions (login required)

View Item Archive Repository Staff Only