The Riddle of Jurisdictional Error

Australian Bar Review, Vol. 38, No. 2, pp. 139-152, 2014

Sydney Law School Research Paper No. 16/53

14 Pages Posted: 15 Jun 2016 Last revised: 24 Nov 2020

See all articles by Mark Leeming

Mark Leeming

The University of Sydney Law School

Date Written: June 13, 2016

Abstract

The concept of ‘jurisdictional error’ recurs throughout the Australian legal system, and therefore in legal reasoning, in a variety of important and well-known ways. However, legal reasoning involving ‘jurisdictional error’ may in truth only seem to be simple, for the term can conceal the underlying complexity, and indeed can distract from the correct approach. Like a riddle, ‘jurisdictional error’ often conceals the underlying necessary analysis. This article seeks to illustrate those propositions across various areas of administrative law, and suggests that in novel cases, the safer approach is not to use the term ‘jurisdictional error’ at all.

Keywords: Australian constitutional law, implied limitation on legislative power, constitutional entrenched supervisory jurisdiction, jurisdictional error as conclusion, Traynor

JEL Classification: K10, K30

Suggested Citation

Leeming, Mark, The Riddle of Jurisdictional Error (June 13, 2016). Australian Bar Review, Vol. 38, No. 2, pp. 139-152, 2014, Sydney Law School Research Paper No. 16/53, Available at SSRN: https://ssrn.com/abstract=2795357

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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