| Description |
vii, 61 pages ; 25 cm |
| Series |
Report ; no. 47 |
|
Administrative Review Council (Australia). Report to the Attorney-General (1998) ; no. 47
|
| Contents |
1. Introduction -- 2. The present scope of judicial review -- 3. The Parliament and the scope of judicial review -- 4. Judicial review in context -- 5. Justifications put forward for reducing the scope of judicial review -- 6. Concluding comments and the framework on indicative principles |
| Summary |
"Judicial review plays a vital role in Australia's system of government. There has, however, been little concerted analysis of its desirable scope or of the circumstances in which limitations on judicial review might be justified. This is perhaps surprising when one considers Parliament's capacity, subject to the Australian Constitution, to vary the scope of judicial review. In this report the Council responds to this lack of analysis by considering the constitutional framework within which judicial review and its elements sit, the factors relevant to when legislative amendment to the scope of judicial review might be appropriate and in the public interest, and how this might best be achieved. An important question dealt with is the extent to which it is proper for Parliament either to cut back on the scope of a judicial review jurisdiction it has previously created or to seek to minimise the ambit of judicial review practically available under s75(v) of the Constitution. The conclusions the Council reached as a result of its analysis are brought together in a framework on indicative principles at the end of the report." -- from the Preface, p. vii |
| Notes |
"April 2006" |
| Bibliography |
Includes bibliographical references |
| Notes |
System requirements: Adobe Acrobat Reader required to view/print PDF files |
|
Commonwealth of Australia 2006 |
| Subject |
Judicial review -- Australia.
|
|
Judicial review of administrative acts -- Australia.
|
|
Remedies (Law) -- Australia.
|
| ISBN |
0642211817 |
|
