Public and Private Interests in Australian Administrative Law
23 Pages Posted: 5 Aug 2013
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: Suggested Citation