Judicial Review of Non-Statutory Executive Action: Australia and the United Kingdom Reunited?
(2018) 43(2) University of Western Australia Law Review 67
36 Pages Posted: 26 Apr 2018
Date Written: 2018
Unlike that of the United Kingdom, the Australian law on judicial review of exercises of non-statutory executive power is undeveloped. This article proposes a constitutional basis for judicial review of such power in Australia. It then argues that, despite their constitutional differences, there remain principles of common law constitutionalism that are applicable in both the United Kingdom and Australia that can provide guidance to Australian courts and lawyers as to the content of limitations on non-statutory executive action.
Keywords: executive power; non-statutory power; judicial review; common law; separation of powers; jurisdictional error; reason; policy
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