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Administrative Law (Australia) - Research Paper Example

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Administrative decision judicial review is the authority vested to review laws, court decisions, policies, or executive powers relevant to subjudice matters. The judicial reviews have been imposed in many states in search of equity and fair judgments…
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Administrative Law (Australia)
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Download file to see previous pages According to Mark Tunshets,( Jones, Ian. The anisminic revolution in Australian administrative law: an analysis of extended jurisdictional error. Turramurra, N.S.W.: Local Legal, 1998. Print.)Judicial review in Australia has a lot of authority since it is only the high court that can interpret the constitution. Judicial review in Australia is complicated by clause 5 of the constitution. This clause provides that all the amendments done by the commonwealth parliament are binding to Australia. This is because the courts mandated to interpret the law must decide if the law is binding to Australia (Canberra, 2005). The chief justice Marshall asserted that judicial review is incredibly paramount in the Australian legal system(Fordham, Michael. Judicial review handbook. 5th ed. Oxford: Portland, OR :, 2008. Print.). In 1951, justice Fellugar proposed that the principle of Madison v. Marbury is adopted as axiomatic(Johnston, Richard E.. The effect of judicial review on federal-state relations in Australia, Canada, and the United States. Baton Rouge: Louisiana State University Press, 1969. Print.). This is because the many criticisms of the principle were accepted and justified. Despite an express implication in the constitution of Australia, judges and scholars have proposed that judicial review is paramount and has immense effects on the legal system. Judicial review is mostly done by the high courts since it is at the top of the legal structure. Though the other courts can deal with some constitutional issues, they are under the supervision by the high court. The essential jurisdiction which is conferred to High Court in section 75 is to issue prerogative and constitutional writs. This has been expanded in section 75(iii) whereby a person suing on behalf of the Commonwealth, is bonafied party.  Section 33 in the judiciary Act 1901 extends the authority of High Court to question public law (Le?tourneau 1976). A chief factor that has affected the levels of court review in High Court is the alternative remedies available which are not subject to the same limitations.  Declarations and injunctions are the key illustrations.  For instance, the declaration made by the high court that the commission on Queensland Justice did not observe fair procedures where mandamus was not appropriate and that certiorari did not mislead. Judicial decision reviews in Australia and other nations has seen the development of the legal systems. This is characterized by fair judgments, timely judgments, and equitable treatment of individuals by the judicature (Leon 1951). Though the other courts can deal with some constitutional issues, they are bound by the high court. The essential jurisdiction which is conferred in the High Court in section 75 is to issue prerogative and constitutional writs. The judicial reviews should be done with a lot of integrity because it might lead to a constitutional crisis as well as violence. No party should be biased or favored by a judicial review. The parties involved should be treated equally (Kanigsberg 1952). A) Compare the breadth and flexibility of ADJR “order of review “remedy with prerogative writs plus injunction and declaration. The judicial review remedies can be classified into three categories. These are prerogative writs, equitable remedies of injunction and declaration, and the statutory remedies. Though the other courts can deal with some constitutional issues, they are under supervision by the high court. The essential jurisdiction of the High Court in section75 (v) is to issue prero ...Download file to see next pagesRead More
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