Standing to Seek Injunctions Against Officers of the Commonwealth
Journal of Equity, Vol. 1, No. 3, pp. 3-17, 2006
15 Pages Posted: 8 Nov 2007 Last revised: 25 Nov 2020
Abstract
The equitable remedy of injunction is found in the inalienable original jurisdiction of the High Court, placed next to the prerogative writs of mandamus and prohibition. The first half of this article addresses the question why mention is made of that remedy, to the end of identifying the context and purpose. The second half of this article suggests how that context and purpose should be reflected in the principles governing the exercise of the jurisdiction conferred by s75(v). In particular, it is proposed that the existing unsatisfactory law of standing be reformulated, so as to accord with the proper scope of s75(v), namely, as providing a broadly available remedy ensuring that judicial power can restrain all excesses of Commonwealth legislative and executive power.
Keywords: injunction, standing, federal jurisdiction, equity, officer of the Commonwealth, Marbury
JEL Classification: K10, K30, K40
Suggested Citation: Suggested Citation