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Control of Government Action: Text, Cases & Commentary 5th ed


ISBN13: 9780409348170
Previous Edition ISBN: 9780409339352
Published: October 2018
Publisher: LexisNexis Australia
Country of Publication: Australia
Format: Paperback
Price: £94.00



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Control of Government Action: Text, Cases and Commentary, 5th edition is a highly-respected work that provides comprehensive coverage of the legal controls on government decision-making in each Australian jurisdiction, supported by legislation, case extracts and commentary.

The book displays the breadth and diversity of Australian administrative law. The different role played by courts, tribunals, ombudsmen and other review bodies is comprehensively covered. The criteria applied by those bodies in reviewing the legality and propriety of government administrative action are examined in an integrated manner that best shows the options available to an aggrieved person. Public law concepts and theories that influence government decision making and administrative review are covered.

Each chapter of this fifth edition has been revised and refined to reflect the changing face of Australian administrative law. This includes a fresh emphasis on the High Court’s constitutional review jurisdiction, the concept of jurisdictional error, the demise of legitimate expectation as a pivotal concept, the status accorded to human rights considerations, and unreasonableness developments since Minister for Immigration and Citizenship v Li. There are new sections on integrity commissions, public interest disclosures and notifiable data breaches. Recent landmark rulings of the High Court and other courts that are discussed include Burns v Corbett; Kaldas v Barbour; Practical Shooting Institute (New Zealand) Inc v Commissioner of Police; MIBP v Eden; Haritos v FCT; MIBP v WZARH; Muggeridge v MIBP; Graham v MIBP; Knight v Victoria; Duncan v ICAC; North Australian Aboriginal Justice Agency Ltd v Northern Territory; Palmer v Ayres; MIBP v SZVFW; Hossain v MIBP; Privacy Commissioner v Telstra Corp; Attorney-General v Drefus. Legislative and policy changes are addressed in areas such as migration, privacy, subordinate legislation, and deregulation. Many recent articles on topical areas of administrative law are referenced. Important decisions from other jurisdictions are noted, notably the United Kingdom, such as the decisions in Miller v Secretary of State for Exiting the European Union; Youssef v Secretary of State for Foreign and Commonwealth Affairs; Keyu v Secretary of State for Foreign & Commonwealth Affairs, Gallaher v Competition & Markets Authority; and Sir Cliff Richard OBE v BBC.

Features

  • Combines commentary with case and legislative extracts selected for relevance
  • Authoritative resource for practitioners and students
  • Comprehensive coverage of a very complex area of law
  • Easy to navigate

Subjects:
Other Jurisdictions , Australia
Contents:
Part A – Accountability in an Administrative State
1. Administrative Law – Theory, History and Context
Part B – The Framework for Challenging and Controlling Government Action
2. The Framework for Judicial Review
3. Merits Review and Administrative Tribunals
4. Other Methods of Administrative Law Review
5. Constitutional Considerations
6. Rule-Making and Control of Subordinate Legislation
Part C – The Criteria for Lawful Decision-Making
7. Foundation Concepts of Judicial Review
8. Unauthorised Decision-Making
9. Executive Power and Decision-Making
10. Statutory Purpose and Relevant Considerations
11. Natural Justice
12. Executive Policies, Directions and Representations
13. Law, Fact and Evidence
14. Failure to Perform a Statutory Duty
15. Unreasonableness, Irrationality and Proportionality
Part D – Remedies for Unlawful Government Action
16. The Consequences of Unlawful Decision-Making
17. Judicial Review Remedies
18. Standing
Part E – Information and Access
20. Access to Information
21. Privacy
22. Obtaining Reasons for Government Decisions