Probing the frontiers of administrative law

Johnston, Peter and Young, Simon and Hooker, Richard and Pontre, Tom (2011) Probing the frontiers of administrative law. Australian Institute of Administrative Law Forum, 67. pp. 1-34. ISSN 1322-9869

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.


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Item Type: Article (Commonwealth Reporting Category C)
Refereed: Yes
Item Status: Live Archive
Faculty / Department / School: Historic - Faculty of Business and Law - School of Law
Date Deposited: 24 Jul 2014 23:17
Last Modified: 30 Jan 2017 06:29
Fields of Research : 18 Law and Legal Studies > 1801 Law > 180103 Administrative Law
Socio-Economic Objective: C Society > 94 Law, Politics and Community Services > 9404 Justice and the Law > 940499 Justice and the Law not elsewhere classified
URI: http://eprints.usq.edu.au/id/eprint/25609

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