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
Date Written: February 1, 2008
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: Suggested Citation