Judicial Review The Laws of Australia acquaints practitioners and students with the principles of Judicial Review in Australia. It is an encyclopaedic and practical work whichcovers judicial review of administrative decisions at the state, territory and federal levels.

Courts are key players in the dynamics of federal countries since their rulings have a direct impact on the ability of governments to centralize and decentralize power. Courts in Federal Countries examines the role high courts play in thirteen countries, including Australia, Brazil, Canada, Germany, India, Nigeria, Spain, and the United States. The volume’s contributors analyse the centralizing or decentralizing forces at play following a court’s ruling on issues such as individual rights, economic affairs, social issues, and other matters. The thirteen substantive chapters have been written to facilitate comparability between the countries. Each chapter outlines a country’s federal system, explains the constitutional and institutional status of the court system, and discusses the high court’s jurisprudence in light of these features. Courts in Federal Countries offers insightful explanations of judicial behaviour in the world’s leading federations.

Introduces students to key principles, concepts, institutions in Australian Public Law, provides solid foundation for study of constitutional & administrative law. Explained through analysis of mechanisms of power & control, including discussions of functioning of institutions of government & contemporary issues. Authors at Uni of Adelaide.

Modern Administrative Law provides an authoritative overview of administrative law in Australia. It clarifies and enlivens this crucial but complex area of law, with erudite analysis and thoroughly modern perspectives. The contributors - including highly respected academics from 11 Australian law schools,as well as eminent practitioners including Chief Justice Robert French AC and Justice Stephen Gageler of the High Court of Australia - are at the forefront of current research, debate and decision making, and infuse the book with unique insight. The book examines the structure and themes of administrative law, the theory and practice of judicial review, and the workings of administrative law beyond the courts. Administrative law affects innumerable aspects of political, commercial and private life, and yet is often considered difficult to understand. Modern Administrative Law unravels the intricacies and reveals how they are applied in real cases. It is an essential reference for students and practitioners of administrative law.

It is commonly asserted that bills of rights have had a 'righting' effect on the principles of judicial review of administrative action and have been a key driver of the modern expansion in judicial oversight of the executive arm of government. A number of commentators have pointed to Australian administrative law as evidence for this 'righting' hypothesis. They have suggested that the fact that Australia is an outlier among common law jurisdictions in having neither a statutory nor a constitutional framework to expressly protect human rights explains why Australia alone continues to take an apparently 'formalist', 'legalist' and 'conservative' approach to administrative law. Other commentators and judges, including a number in Canada, have argued the opposite: that bills of rights have the effect of stifling the development of the common law. However, for the most part, all these claims remain just that – there has been limited detailed analysis of the issue, and no detailed comparative analysis of the veracity of the claims. This book analyses in detail the interaction between administrative and human rights law in Australia and Canada, arguing that both jurisdictions have reached remarkably similar positions regarding the balance between judicial and executive power, and between broader fundamental principles including the rule of law, parliamentary sovereignty and the separation of powers. It will provide valuable reading for all those researching judicial review and human rights.

The terms of reference required the Commission to inquire into and report on whether the provisions governing the exercise of the judicial power of the Commonwealth in civil matters, which are contained in the Judiciary Act and related Acts, establish and apply the most appropriate arrangements for the efficient administration of law and justice in the exercise of federal jurisdiction. The Commission also was charged with the task of reporting on whether any changes to the law are desirable having regard to constitutional limitations on the exercise of the judicial power of the Commonwealth.