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The Expanding Role of Process in Judicial Review

Australian Journal of Administrative Law, Vol. 15, No. 2, p. 100, 2008

17 Pages Posted: 13 Aug 2009 Last revised: 29 Jul 2010

Greg Weeks

University of New South Wales Faculty of Law

Multiple version iconThere are 2 versions of this paper

Date Written: February 1, 2008

Abstract

This article examines the state of the law of procedural fairness and procedural error, demonstrating that inadequacy of process is now central to findings that decisions of the Executive are so lacking in quality as to manifest an error of law. The article argues that fairness of outcome and legitimacy of review need not be defined only in relation to the faultlessness of process.

Keywords: Administrative law, judicial review, process, natural justice, Wednesbury, unreasonableness, procedural fairness

JEL Classification: K10, K30, K39

Suggested Citation

Weeks, Greg, The Expanding Role of Process in Judicial Review (February 1, 2008). Australian Journal of Administrative Law, Vol. 15, No. 2, p. 100, 2008. Available at SSRN: https://ssrn.com/abstract=1448205

Greg Weeks (Contact Author)

University of New South Wales Faculty of Law ( email )

Kensington, New South Wales 2052
Australia

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