Public and Private Interests in Australian Administrative Law

23 Pages Posted: 5 Aug 2013

See all articles by Andrew Edgar

Andrew Edgar

The University of Sydney - Faculty of Law

Date Written: August 5, 2013

Abstract

The public-private distinction has been used in the administrative law literature to chart the development of judicial review doctrine and procedures. This literature identifies the ways in which judicial review of administrative action has evolved from a private rights and interests model towards a public interest model in the United States and the United Kingdom. This article seeks to apply these models to Australian administrative law. It argues that there have been small steps towards a public interest model in Australia and that further steps would face substantial difficulties.

Keywords: Administrative law, Judicial review models, Standing, Public participation, Rationality, Public interests, Private interests

JEL Classification: K10, K23, K30

Suggested Citation

Edgar, Andrew, Public and Private Interests in Australian Administrative Law (August 5, 2013). University of New South Wales Law Journal, Vol. 36, No. 1, pp. 202-223, 2013, Sydney Law School Research Paper No. 13/54, Available at SSRN: https://ssrn.com/abstract=2305892

Andrew Edgar (Contact Author)

The University of Sydney - Faculty of Law ( email )

New Law Building, F10
The University of Sydney
Sydney, NSW 2006
Australia

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