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This chapter complements Chapter 10 of Government Accountability: Australian Administrative Law, third edition. The supervisory role of the courts is powerful and constitutionally entrenched. However, any system that enables one arm of government to supervise the actions of another requires a certain level of restraint to balance the separate powers appropriately. The exclusions built into the statutory judicial review schemes and the focus in common law and constitutional judicial review cases upon jurisdictional error impose limitations on the scope of judicial review. This chapter considers further limits on judicial review, specifically justiciability, standing, and attempts by parliament to impose statutory limits.
This chapter complements Chapter 9 of Government Accountability: Australian Administrative Law, third edition. It introduces the concepts of statutory appeal on questions of law, statutory construction, and judicial review. The sources set out the framework for judicial review at state and Commonwealth level. The sources consider the foundations of the courts’ jurisdiction to review the decision-making processes of inferior courts and the executive government, and the concepts of jurisdictional error and error of law on the face of the record.
This chapter complements Chapter 12 of Government Accountability: Australian Administrative Law, third edition. Many significant administrative law decisions concern the rules of procedural fairness. The cases in this chapter have been chosen for their significance in establishing key principles or because they provide striking illustrations of trends in the High Court’s approach to procedural fairness. The content of each case extract has been selected to show not only the High Court’s exposition of legal principles, but also the application of those principles to factual situations. Although the rules of procedural fairness apply to a wide range of administrative and judicial decisions, many of the leading cases (especially in relation to the hearing rule) have arisen in the context of migration. This is reflected in the subject matter of the cases extracted in this chapter.
Describes insights from behavioural economics that challenge the standard assumptions about consumer and firm behaviour. Considers the implications of these insights for economic regulation
This chapter complements Chapter 11 of Government Accountability: Australian Administrative Law, third edition. It introduces grounds of review under statutory schemes of judicial review.
There are a number of reasons to consider realistic models of supersymmetry that go beyond the MSSM. The first reason is connected to the problem, which was introduced in Section 14.6. Naively, one would expect the dimensionful parameter to be of the same order of magnitude as the largest possible mass scale.
The cases and materials in this book complement the introduction to administrative law provided in Government Accountability: Australian Administrative Law, third edition (‘the textbook’). It is assumed that readers of this book will also have access to the textbook. The chapters in this book mirror those in the textbook. We envisage that readers will begin their study of a topic by reading the relevant section of the textbook and will turn to this book to study key cases and concepts in greater depth. This introductory chapter provides a range of perspectives on the relationship between administrative law and the rule of law, and introduces the overarching concept that we use to explain administrative law principles and mechanisms: the idea of accountability.
In the Standard Model of particle physics presented in Section 4.7, the three neutrinos are exactly massless. However, the experimental observation of neutrino mixing strongly suggests that at least two of the three neutrinos are massive.
The cases and materials in this book complement the introduction to administrative law provided in Government Accountability: Australian Administrative Law, third edition (‘the textbook’). It is assumed that readers of this book will also have access to the textbook. The chapters in this book mirror those in the textbook. We envisage that readers will begin their study of a topic by reading the relevant section of the textbook and will turn to this book to study key cases and concepts in greater depth. This introductory chapter provides a range of perspectives on the relationship between administrative law and the rule of law, and introduces the overarching concept that we use to explain administrative law principles and mechanisms: the idea of accountability.
Describes the rationale for, and approach to, regulation of the water industry. Considers the effects of restructuring, the impacts of private participation in water, and the use of formal water markets