The Centrality of Jurisdictional Error
Public Law Review, Vol. 21, No. 2, p. 77, 2010
Judicial Review, Vol. 10, p. 11, 2010
52 Pages Posted: 5 Apr 2011
Date Written: March 25, 2010
The emergence of a constitutional foundation for Australian administrative law has been one of the most important developments of the last decade. The High Court has held that, for purposes of judicial review of executive decisions, "jurisdictional error" is a fundamental element of the constitutional concepts underlying both Commonwealth and State administrative law. Further, in so holding, the High Court has extended an important constitutional protection to State courts and brought State and Federal administrative law into alignment.
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