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Military justice systems across the world are in a state of transition. These changes are due to a combination of both domestic and international legal pressures. The domestic influences include constitutional principles, bills of rights and the presence of increasingly strong oversight bodies such as parliamentary committees. Military justice has also come under pressure from international law, particularly when applied on operations. The common theme in these many different influences is the growing role of external legal principles and institutions on military justice. This book provides insights from both scholars and practitioners on reforms to military justice in individual countries (including the UK, Canada, the Netherlands and Australia) and in wider regions (for example, South Asia and Latin America). It also analyses the impact of 'civilianisation', the changing nature of operations and the decisions of domestic and international courts on efforts to reform military justice.
Modern Administrative Law in Australia provides an authoritative overview of administrative law in Australia. It clarifies and enlivens this crucial but complex area of law, with erudite analysis and modern perspectives. The contributors - including highly respected academics from eleven Australian law schools, as well as eminent practitioners including Chief Justice Robert French AC and Justice Stephen Gageler of the High Court of Australia - are at the forefront of current research, debate and decision making, and infuse the book with unique insight. The book examines the structure and themes of administrative law, the theory and practice of judicial review, and the workings of administrative law beyond the courts. Administrative law affects innumerable aspects of political, commercial and private life, and yet is often considered difficult to understand. Modern Administrative Law unravels the intricacies and reveals how they are applied in real cases. It is an essential reference for students and practitioners of administrative law.
Natural justice comprises two closely related rules – the rule against bias and the hearing rule. This chapter examines the hearing rule, which governs the procedures that must be adopted in the course of administrative decision-making. The hearing rule requirements have a long common law heritage. They remain crucial to securing the rights of people to fair treatment in the administrative process, but they are limited.
The Australian conception of natural justice is procedural and regulates the fairness of the decision-making process rather than its outcomes. This focus is why some judges have suggested that the doctrine is better described as ‘procedural fairness’. The procedural focus of natural justice also reflects the absence in Australia of anything like the ‘due process’ rights that are constitutionally entrenched in the United States. Australian constitutional principles give far less protection to the rules of fairness. The High Court has accepted that the Australian Constitution precludes legislative exclusion of core features of natural justice from the exercise of judicial power. There are, however, no such constitutional prohibitions on legislation excluding or restricting the obligation to observe some or all requirements of procedural fairness outside the courts; but the courts deploy a range of interpretive assumptions against such legislation.