By Matthew Groves, H. P. Lee
The expansion of administrative legislation in Australia has endured in an unabated shape because the creation of leading edge reforms within the mid-seventies. The centre plank of those reforms used to be the institution of the executive Appeals Tribunal with follow-on reforms with regards to the Ombudsman, judicial overview and freedom of knowledge laws. The influence of those reforms has been mammoth and important. This e-book seeks to take inventory of the expansion and improvement of administrative legislation rules. specific recognition is paid to the real circumstances and key doctrines which offer the theoretical underpinnings of those ideas. during this publication a crew of hugely revered administrative legislation students and jurists goal to supply a lucid exposition of the correct case legislation, rules and doctrines. The booklet may still light up the elemental positive factors of Australian administrative legislations and may turn out helpful to scholars and practitioners attracted to this box.
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Extra resources for Australian Administrative Law:: Fundamentals, Principles and Doctrines
The role of responsible government The Commonwealth Constitution provided for a system of representative government. Members of all parliaments are elected by popular vote. In Australian Capital Television Pty Ltd v Commonwealth11 Mason CJ said: The very concept of representative government and representative democracy signifies government by the people through their representatives. Translated into constitutional terms, it denotes that the sovereign power which resides in the people is exercised on their behalf by their representatives .
8 This view taps into a deeper and more important aspect of administrative law, which is the notion that the power of parliament – and the officials who act under the authority of laws enacted by parliament – is subject to unspoken limits. Many of these limits are political in nature. These are the rules and conventions by which governments act. They are usually created and enforced in the political arena but other limits on public power are created and enforced in the legal arena, and this is the province of administrative law.
44 They explained that the incompatibility condition: . . may arise in a number of different ways. Incompatibility might consist in so permanent and complete a commitment to the performance of non-judicial functions by a judge that the further performance of substantial judicial functions by that judge is not practicable. It might consist in the performance of non-judicial functions of such a nature that the capacity of the judge to perform his or her judicial functions with integrity is compromised or impaired.
Australian Administrative Law:: Fundamentals, Principles and Doctrines by Matthew Groves, H. P. Lee