Skip to main content Accessibility help
×
Hostname: page-component-8448b6f56d-dnltx Total loading time: 0 Render date: 2024-04-25T05:47:16.091Z Has data issue: false hasContentIssue false

8 - The Judiciary and Emergency Powers

Published online by Cambridge University Press:  26 October 2018

H. P. Lee
Affiliation:
Monash University, Victoria
Michael W. R. Adams
Affiliation:
Columbia Law School
Colin Campbell
Affiliation:
Monash University, Victoria
Patrick Emerton
Affiliation:
Monash University, Victoria
Get access

Summary

This chapter examines the extent to which there is, or may be, accountability with regard to the exercise of such powers as a result of the administrative mechanism of judicial review. It examines the way in which judges, in exercising restraint, may hinder the bringing of successful review applications with regard to exercises of emergency powers. It also focuses on express attempts by the legislature to limit the availability of judicial review, in the form of privative clauses, and the possible impact of those attempts on the review of emergency powers. Doctrines relating to ‘justiciability’, ‘act of state, ‘deference’, and procedural fairness are highlighted.
Type
Chapter
Information
Publisher: Cambridge University Press
Print publication year: 2018

Access options

Get access to the full version of this content by using one of the access options below. (Log in options will check for institutional or personal access. Content may require purchase if you do not have access.)

Save book to Kindle

To save this book to your Kindle, first ensure coreplatform@cambridge.org is added to your Approved Personal Document E-mail List under your Personal Document Settings on the Manage Your Content and Devices page of your Amazon account. Then enter the ‘name’ part of your Kindle email address below. Find out more about saving to your Kindle.

Note you can select to save to either the @free.kindle.com or @kindle.com variations. ‘@free.kindle.com’ emails are free but can only be saved to your device when it is connected to wi-fi. ‘@kindle.com’ emails can be delivered even when you are not connected to wi-fi, but note that service fees apply.

Find out more about the Kindle Personal Document Service.

Available formats
×

Save book to Dropbox

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Dropbox.

Available formats
×

Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

Available formats
×