Australian Administrative Law: The Human Rights Dimension

AUSTRALIAN ADMINISTRATIVE LAW: FUNDAMENTALS, PRINCIPLES AND DOCTRINES, M. Groves, H. P. Lee, eds., pp. 50-76, Cambridge University Press, New York, 2007

Sydney Law School Research Paper No. 08/124

43 Pages Posted: 31 Oct 2008  

Ben Saul

The University of Sydney Law School

Date Written: October, 29 2008

Abstract

Without a bill of rights to bring Australian human rights and administrative law together, the Australian relationship between the two is a contradictory story of convergence and divergence. This paper first traces and compares the values underlying both areas of law, before exploring a number of specific issues spanning both areas such as the concept of proportionality, the public/private distinction, and the 'right' to administrative justice. The paper then examines how interpretive principles are employed by the courts to safeguard rights, at least where they are not expressly limited by statute. The final part of this paper focuses on two institutional mechanisms which assist in protecting human rights: the Commonwealth Ombudsman, and scrutiny of bills by parliamentary committees. The aim of this chapter is not to comprehensively examine every human rights issue arising in Australian administrative law, but to outline some of the key trends and patterns.

Keywords: administrative law, human rights, bill of rights, statutory interpretation, legitimate expectation, ombudsman

JEL Classification: K10, K30

Suggested Citation

Saul, Ben, Australian Administrative Law: The Human Rights Dimension (October, 29 2008). AUSTRALIAN ADMINISTRATIVE LAW: FUNDAMENTALS, PRINCIPLES AND DOCTRINES, M. Groves, H. P. Lee, eds., pp. 50-76, Cambridge University Press, New York, 2007; Sydney Law School Research Paper No. 08/124. Available at SSRN: https://ssrn.com/abstract=1292067

Ben Saul (Contact Author)

The University of Sydney Law School ( email )

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

HOME PAGE: http://www.law.usyd.edu.au/about/staff/BenSaul/index.shtml

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