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Substantive Legitimate Expectations in Australian Administrative Law


Matthew Groves


Monash University - Faculty of Law

November 2, 2009

Monash University Faculty of Law Legal Studies Research Paper No. 2009-10

Abstract:     
Judicial review of administrative action has traditionally had a procedural focus. This means that courts examine the procedure by which a decision is made, rather than the decision itself. A denial of natural justice is no exception to review - a person dissatisfied with an administrative decision has long been able to complain about the fairness of the decision-making process but not the fairness of the decision itself. English law has recently developed a doctrine of ‘substantive unfairness’ by which an expectation about the outcome of a decision-making process can be protected by the courts in a strong sense. The strength of the protection given under this new doctrine seems to blur the distinction between process and outcomes, which leads judicial review in a radical new direction. This article explains the English doctrine of substantive unfairness and considers whether it can and should be adopted in Australia.

Number of Pages in PDF File: 55

Keywords: Administrative Law, substantive unfairness, judicial review

JEL Classification: K2, K23, K4, K41, K49

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Date posted: November 3, 2009  

Suggested Citation

Groves, Matthew, Substantive Legitimate Expectations in Australian Administrative Law (November 2, 2009). Monash University Faculty of Law Legal Studies Research Paper No. 2009-10. Available at SSRN: http://ssrn.com/abstract=1498922

Contact Information

Matthew Groves (Contact Author)
Monash University - Faculty of Law ( email )
Wellington Road
Clayton, Victoria 3800
Australia
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