The Centrality of Jurisdictional Error

Abstract

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.