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Vol 21 No 11 Nov/Dec 2016

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Natural Justice and the High Court of Australia

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Ian HollowayProfessor and Dean of Law, University of Western Ontario, Canada

ISBN13: 9780754622185
ISBN: 0754622185
Published: April 2003
Publisher: Ashgate Publishing Ltd
Format: Hardback
Price: Out of print



This is a study of the common law constitution in Australia as it stood in mid-1999. In particular, the book discusses the concept and doctrine of ""natural"" justice.;The author notes that two judgements prior to this date suggest that the issues discussed within remain live. The judgements in question confirm that the juridical basis for the imposition of a duty to observe natural justice remains unsettled. He points out that, though the cases were dealing with constitutional law in the formal sense, the judgements do not hint at any lessening of the doctrine's robustness in the Australian setting.

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Contents:
Introduction - natural justice and theories of the state; the ideal of ""natural"" justice; judicial review in the planned state; the twilight of natural justice; the new property; the legitimate expectational judicial review and the crown; the jurisdictional basis for the duty of fairness; a study in common law constitutionalism.