Category: Executive Power (page 1 of 3)

The practical impacts of the ADJR Act on judicial review applications

This is the eight in a special series of posts on the 50th anniversary of the Kerr Report, examining whether Australian administrative law is still fit for purpose. To see other posts in this series, click here.

BY BRENDA Read the rest

Corruption and Human Rights Sanctions in Australia: Where Public Law Meets Foreign Policy

BY ANTON MOISEIENKO

Introduction

In 2020, the Australian Parliament’s Joint Standing Committee on Foreign Affairs, Defence and Trade (JSCFADT) held an inquiry into the potential introduction of corruption and human rights sanctions, also referred to as ‘Magnitsky’ sanctions. … Read the rest

The Commonwealth Ombudsman: still fit for purpose?

This is the seventh in a special series of posts on the 50th anniversary of the Kerr Report, examining whether Australian administrative law is still fit for purpose. To see other posts in this series, click here.

BY ANITA Read the rest

Proportionality, rights and Australia’s COVID-19 response: Insights from the India travel ban

BY LIZ HICKS AND SANGEETHA PILLAI

The closure of international borders has been a key pillar of Australia’s response to the COVID-19 crisis. Australia’s strategy to “aggressively suppress” (in practice, eliminate) COVID-19 within its borders has relied heavily on … Read the rest

Superimposing private duties on the exercise of public powers: Sharma v Minister for the Environment

 BY ELLEN ROCK

In May of this year, Bromberg J in the Federal Court handed down a key decision in climate change litigation which has made waves both within Australia and internationally. Sharma v Minister for the Environment [2021] FCA Read the rest

The “Car Park Rorts” Affair and Grants Regulation in Australia: How can We Fix the System?

BY YEE-FUI NG

Yet another rorts scandal is swirling around the federal government, dubbed the ‘car park rorts’ affair. The Auditor-General has reported that a $389 million car park construction fund has been administered ineffectively and that the Minister had … Read the rest

The Administrative Decisions (Judicial Review) Act 1977 and what it says about judicial review and administrative law

This is the fourth in a special series of posts on the 50th anniversary of the Kerr Report, examining whether Australian administrative law is still fit for purpose. To see other posts in this series, click here.

BY THOMAS Read the rest

MZAPC: Calibrating constitutional limits on legislative power

BY EMILY HAMMOND

The High Court’s decision in MZAPC v Minister for Immigration & Border Protection [2021] HCA 17 reveals continuing differences in judicial approach to a central concept for Australian judicial review – jurisdictional error. In this post, I … Read the rest

The Kerr Report’s vision for the Administrative Review Council and the (sad) modern reality

This is the third in a special series of posts on the 50th anniversary of the Kerr Report, examining whether Australian administrative law is still fit for purpose. To see other posts in this series, click here.

BY NARELLE Read the rest

Seeing the New Administrative Law in a ‘green light’

This is the second in a special series of posts on the 50th anniversary of the Kerr Report, examining whether Australian administrative law is still fit for purpose. To see other posts in this series, click here.

BY LYNSEY Read the rest

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