Natural Justice and the High Court of Australia: A Study in Common Law ConstitutionalismThe original thesis of this book is that, in Australia, natural justice has become an aspect of constitutional rather than administrative law. This view of procedural justice is developed in the context of UK and Commonwealth law in a way that brings both historical and doctrinal research to bear on important contemporary issues in judicial review. The author traces the origins and fluctuating development of the idea and practice of natural justice in England and its adaptation to the planned state in Australia. Consideration is given to the impact of the so-called new property and the broadening protection of citizens' rights, the growing significance of the doctrine of legitimate expectations, and the changing role of the notion of ultra vires as a legitimizing basis for judicial review. The book culminates in a critical examination of the idea of common law constitutionalism and the need to develop present-day rationales for the protection of procedural rights. |
Contents
The Idea of Natural Justice | 10 |
Judicial Review in the Planned State | 38 |
The Twilight of Natural Justice? | 91 |
Copyright | |
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Common terms and phrases
affected Arlidge Attorney-General audi alteram partem Australian Administrative Law Australian Law authority basis Board Brennan century Chief Justice Committee common law Commonwealth concerned constitutional Crown decision discretion discussed in chapter Dixon doctrine of natural Electricity Commissioners England English executive exercise fact FAI Insurances Federal governmental Governor in Council Haoucher hearing High Court House of Lords Ibid Insurances v Winneke interests involved issue judges judgment judicial review judiciary Kioa Kioa v West Law Journal Law Review legislation legitimate expectation licence London Lord Denning Lord Hewart Mason CJ Minister for Immigration Nakkuda O'Shea observe natural justice parliament parliamentary political prerogative principle Privy Council procedural fairness Pty Ltd public law question reason Report Ridge v Baldwin rule of law rules of natural separation of powers social South Wales statute statutory supra Sydney t]he Teoh Toohey tribunal ultra vires writs