By Matthew Groves, H. P. Lee
The expansion of administrative legislation in Australia has persisted in an unabated shape because the creation of leading edge reforms within the mid-seventies. The centre plank of those reforms was once the institution of the executive Appeals Tribunal with follow-on reforms on the subject of the Ombudsman, judicial assessment and freedom of data laws. The impression of those reforms has been substantial and demanding. This ebook seeks to take inventory of the expansion and improvement of administrative legislation rules. specific recognition is paid to the real instances and key doctrines which offer the theoretical underpinnings of those ideas. during this booklet a crew of hugely revered administrative legislation students and jurists goal to supply a lucid exposition of the appropriate case legislation, rules and doctrines. The e-book should still remove darkness from the basic gains of Australian administrative legislation and will end up invaluable to scholars and practitioners drawn to this box.
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Additional resources for Australian Administrative Law:: Fundamentals, Principles and Doctrines
It is always driven by a concern for fair and proper treatment, even if that concern is not always openly discussed. The influences that have shaped Australian administrative law are as diverse as the values that have driven this process, but three are of particular importance. One influence is our English common law heritage, from which fundamental common law doctrines and interpretive principles are drawn. The Australian model of judicial review originated from the principles that governed English courts in their exercise of their supervisory jurisdiction to conduct judicial review.
A government which ceases to command the confidence of the House of Representatives would have, as a matter of constitutional convention, to resign. Ministers of State are also individually responsible to parliament in their administration of their assigned governmental department. They are answerable to parliament THE CONSTITUTIONAL AND LEGAL MATRIX 5 for the failings of their departments. 17 The courts have largely avoided this debate though it is clear that they do not generally accept the availability of ministerial and other forms of political accountability as a sufficient reason to refrain from exercising their supervisory jurisdiction.
These reforms signalled the birth of a uniquely Australian system of administrative law that continues to evolve. A starting proposition: All power has its limits Administrative law is mostly about power and discretion. The ‘power’ aspect of administrative law includes those principles which require public officials to either establish the source of their authority or force them to remain within the scope of that authority. Authority and similar concepts, such as jurisdiction, are central to administrative law because they underpin the focus upon the need for public officials to explain the exercise of their powers.
Australian Administrative Law:: Fundamentals, Principles and Doctrines by Matthew Groves, H. P. Lee