australian administrative law精品.pdf

Australian Administrative Law - Supreme Court : Lawlink NSW Page 1 of 18 Print Page Close Window Australian Administrative Law A PAPER PRESENTED BY JUSTICE PETER McCLELLAN CHIEF JUDGE AT COMMON LAW SUPREME COURT OF NEW SOUTH WALES TO THE INTERNATIONAL SYMPOSIUM HANGZHOU, PEOPLE’S REPUBLIC OF CHINA 31 OCTOBER TO 4 NOVEMBER 2006 Australian Administrative Law INTRODUCTION THE DISTINCTION BETWEEN JUDICIAL REVIEW AND MERITS REVIEW Merits Review Defined Who Can Review the Merits of Administrative Decisions? The AAT and the ADT The NSW Land and Environment Court Judicial Review Defined Who Can Review the Legality of Administrative Decisions? Judicial Review at a State Level Judicial Review at a Federal Level GROUNDS OF JUDICIAL REVIEW Jurisdictional Facts Other Reviewable Errors of Fact Procedural Error Bad Faith and Improper Purposes Failure to Exercise a Discretion and the Role of Policy Procedural Fairness Impartiality The Right to be Heard Wednesbury Unreasonableness The Meaning of Wednesbury Unreasonableness Wednesbury Unreasonableness: The Border Between Legality and Merits Types of Wednesbury Unreasonableness The Duty to Inquire JUDICIAL REVIEW ON THE MERITS? – THE DIVERGENCE OF AUSTRALIAN AND ENGLISH JUDICIAL REVIEW Merits Review as a Constrain