Administrative redress in and out of the courts : essays in honour of Robin Creyke and John McMillan
- editors, Greg Weeks, Matthew Groves ; foreword, Wayne Martin.
- Alexandria, NSW : The Federation Press, 2019.
- Physical description
- xxi, 282 pages ; 25 cm
- Includes bibliographical references and index.
- The iceberg of Australian administrative law : justice before and beyond judicial review / Matthew Groves and Greg Weeks
- Three is plenty / Stephen Gageler
- Attacks on integrity offices : a separation of powers riddle / Greg Weeks
- The courts and the executive : a judicial view / John Basten
- Review of visa cancellation or refusal decisions on character grounds : a comparative analysis / John Griffiths
- Administrative law's impact on the bureaucracy / Janina Boughey
- More reasons for giving reasons / Janine Pritchard
- Failure to disclose : what are the consequences when open government founders? / Judith Bannister
- Ombudsman Litigation : the relationship between the Australian ombudsman and the courts / Anita Stuhmcke
- Ombudsmen and crime busters : ships passing in the night / Mark Aronson
- State tribunals and the federal judicial system / Graeme Hill
- Tribunals : evidence, satisfaction and proof / Linda Pearson
- Does one rotten apple spoil the whole barrel? : bias in multimember decision-making / Matthew Groves
- The uncertainty of certainty in legislation / Dennis Pearce.
This collection of papers by some of Australia's leading judges, scholars and practitioners focuses on complex public law issues. The book examines executive power, judicial and tribunal review and integrity bodies like Ombudsmen. The opening papers consider separation of powers issues. Justice Stephen Gageler asks if three arms of government remains a suitable model. Do we need a fourth? Greg Weeks' paper explains how bodies that would be in that fourth arm are vulnerable. Justice John Basten examines key questions between the executive and judiciary, while Justice John Griffiths considers those issues in visa cancellation decisions. Other papers examine different accountability mechanisms - tribunals, Ombudsmen and information. Justice Janine Pritchard explains how litigation processes can obtain otherwise obscure material. Judith Bannister analyses what happens when governments fail to disclose information. Mark Aronson and Anita Stuhmcke each consider what happens when Ombudsmen get drawn into litigation and messy cases. Other papers examine the work of tribunals. Graeme Hill examines the constitutional place of tribunals, especially in light of Burns v Corbett (2018). Linda Pearson explains when and how notions of evidence, proof and satisfaction operate in tribunals. Matthew Groves asks what happens when one of several members of tribunals and other bodies are biased - does the bias of one infect the others? This book follows The Federation Press' edited works on public law - Key Issues in Public Law (2018) and Key Issues in Judicial Review (2014) by considering issues not examined in detail in existing works. The book is designed to fill a gap in court and chambers libraries, but also the collection of scholars and students of public law.
(source: Nielsen Book Data)
- Publication date
- 9781760022022 hardback
- 9781760022020 hardcover
- 1760022020 hardcover
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