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Foreword

Published online by Cambridge University Press:  05 June 2012

Matthew Groves
Affiliation:
Monash University, Victoria
H. P. Lee
Affiliation:
Monash University, Victoria
M E J Black
Affiliation:
Chief Justice of the Federal Court of Australia
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Summary

The large, complex and evolving field of administrative law is of special importance to lawyers and indeed to all concerned with Australia's democracy. This is not only because administrative decision-making can, and increasingly does, touch upon almost any aspect of our lives but, more fundamentally, because administrative law is one of the primary means by which our commitment to the rule of law is applied. This commitment to the rule of law may be seen at its most direct in the field of judicial review. As a former Chief Justice of Australia has written:

Judicial review is neither more nor less than the enforcement of the rule of law over executive action; it is the means by which executive action is prevented from exceeding the powers and functions assigned to the executive by law and the interests of the individual are protected accordingly.

Australian administrative law has its own distinctive character. Its influences include the Commonwealth's legislative reforms of the 1970s and early 1980s. These reforms covered a wide field, and included the establishment of a simplified process of judicial review before the newly created Federal Court of Australia. No less importantly, the reforms provided for merits review before a new and independent tribunal of high standing, the Administrative Appeals Tribunal. It would be a serious mistake to underestimate the importance of merits review by tribunals and other non-judicial aspects of administrative law, for tribunals are usually the first and most accessible avenue for Australians seeking review of executive decision-making.

Type
Chapter
Information
Australian Administrative Law
Fundamentals, Principles and Doctrines
, pp. vii - viii
Publisher: Cambridge University Press
Print publication year: 2007

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  • Foreword
    • By M E J Black, Chief Justice of the Federal Court of Australia
  • Matthew Groves, Monash University, Victoria, H. P. Lee, Monash University, Victoria
  • Book: Australian Administrative Law
  • Online publication: 05 June 2012
  • Chapter DOI: https://doi.org/10.1017/CBO9781139168618.001
Available formats
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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.

  • Foreword
    • By M E J Black, Chief Justice of the Federal Court of Australia
  • Matthew Groves, Monash University, Victoria, H. P. Lee, Monash University, Victoria
  • Book: Australian Administrative Law
  • Online publication: 05 June 2012
  • Chapter DOI: https://doi.org/10.1017/CBO9781139168618.001
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.

  • Foreword
    • By M E J Black, Chief Justice of the Federal Court of Australia
  • Matthew Groves, Monash University, Victoria, H. P. Lee, Monash University, Victoria
  • Book: Australian Administrative Law
  • Online publication: 05 June 2012
  • Chapter DOI: https://doi.org/10.1017/CBO9781139168618.001
Available formats
×