(Download) "Substantive Legitimate Expectations in Australian Administrative Law." by Melbourne University Law Review " eBook PDF Kindle ePub Free
eBook details
- Title: Substantive Legitimate Expectations in Australian Administrative Law.
- Author : Melbourne University Law Review
- Release Date : January 01, 2008
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 428 KB
Description
[Judicial review of administrative action has" traditionally had a procedural focus. This means that courts examine the procedure by which a decision is made, rather than the decision itself. A denial of natural justice is no exception to review--a person dissatisfied with an administrative decision has long been able to complain about the fairness of the decision-making process but not the fairness of the decision itself. English law has recently developed a doctrine of 'substantive unfairness' by which an expectation about the outcome of a decision-making process can be protected by the courts in a strong sense. The strength of the protection given under this new doctrine seems to blur the distinction between process and outcomes, which leads judicial review in a radical new direction. This article explains the English doctrine of substantive unfairness and considers whether it can and should be adopted in Australia.] I INTRODUCTION