Ministerial Override Certificates and the Law/Fact Distinction - A Comparison between Australia and the United Kingdom

The UK Supreme Court Yearbook - Volume 6: Legal Year 2014-2015, D. Clarry, C. Sargeant, eds, Appellate Press Ltd, UK, 2015

Sydney Law School Research Paper No. 16/05

26 Pages Posted: 8 Jan 2016 Last revised: 9 Nov 2016

See all articles by Mark Leeming

Mark Leeming

The University of Sydney Law School

Date Written: 2015

Abstract

To what extent should Australian and British courts continue to look to one another? To the extent that they do, how cautious or critical should the examination be, and is the approach the same in private law and in public law? This paper focusses on public law. It seeks, in light of recent views expressed by Lord Neuberger PSC and Sir Anthony Mason, to examine the current approach in the United Kingdom to two administrative law topics of recurring importance: the approach taken by courts to Ministerial override certificates, and the distinction between questions of fact and questions of law. It concludes that despite the similarity of the issues, the approaches are very different, and offers some explanation for why that is so.

Keywords: Comparative law, administrative law, R (Evans) v Attorney General, Jones v First Tier Tribunal, ministerial certificate, judicial review, fact/law distinction

JEL Classification: K10, K30, K33

Suggested Citation

Leeming, Mark, Ministerial Override Certificates and the Law/Fact Distinction - A Comparison between Australia and the United Kingdom (2015). The UK Supreme Court Yearbook - Volume 6: Legal Year 2014-2015, D. Clarry, C. Sargeant, eds, Appellate Press Ltd, UK, 2015; Sydney Law School Research Paper No. 16/05. Available at SSRN: https://ssrn.com/abstract=2711565

Mark Leeming (Contact Author)

The University of Sydney Law School ( email )

New Law Building, F10
The University of Sydney
Sydney, NSW 2006
Australia

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