The Use of Administrative Law to Enforce Human Rights

17 Australian Journal of Administrative Law 25, 2009

14 Pages Posted: 19 Oct 2014 Last revised: 29 Apr 2016

See all articles by Janina Boughey

Janina Boughey

University of New South Wales (UNSW) - Faculty of Law

Date Written: February 17, 2009

Abstract

In the absence of specific or adequate laws designed to enable individuals to enforce their human rights, it is inevitable that human rights claims will be made through other, established legal avenues. Some academics have suggested that administrative law is particularly susceptible to its principles being used to pursue human rights claims because of the similarity between the underlying principles of administrative and human rights law. This article considers the success of such attempts, some conceptual limitations of using administrative law to advance human rights in certain circumstances, the impacts of using administrative law principles to achieve human rights on the “integrity” of administrative law and the effect of statutory rights protections on this process.

Suggested Citation

Boughey, Janina, The Use of Administrative Law to Enforce Human Rights (February 17, 2009). 17 Australian Journal of Administrative Law 25, 2009. Available at SSRN: https://ssrn.com/abstract=2511149

Janina Boughey (Contact Author)

University of New South Wales (UNSW) - Faculty of Law ( email )

Kensington, New South Wales 2052
Australia

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