Show simple item record

FieldValueLanguage
dc.contributor.authorSapienza, Amanda Rose
dc.date.accessioned2019-09-23
dc.date.issued2019-05-11
dc.identifier.urihttp://hdl.handle.net/2123/21141
dc.description.abstractIn Australia, the Commonwealth and State governments are authorised to take action authorised by no source other than non-statutory executive power. Where non-statutory executive power is exercised, questions arise as to the role of the courts in keeping the government accountable for this action. Although intermediate appellate courts at the Commonwealth and State levels have applied the House of Lords decision in Council for Civil Service Unions v Minister for the Civil Service to permit judicial review of non-statutory action in an appropriate case, it is unclear what cases are ‘appropriate’ and how the traditional grounds of review and remedies might apply to action that is not authorised by legislation. This dissertation attempts to bring clarity to this area of law by assessing the extent to which Australian judicial review principles are capable of application to an exercise of non-statutory executive power. In so doing, it argues that Australian judicial review principles are capable of accommodating judicial review of non-statutory executive action, but only to a limited extent due to the characteristics of the power exercised and constitutional constraints on judicial power. That is, the ‘gaps’ that remain in reviewability are justified by the constitutional context in which judicial review occurs.en_AU
dc.rightsThe author retains copyright of this thesis. It may only be used for the purposes of research and study. It must not be used for any other purposes and may not be transmitted or shared with others without prior permission.en_AU
dc.subjectnon-statutoryen_AU
dc.subjectprerogativeen_AU
dc.subjectexecutive poweren_AU
dc.subjectjudicial reviewen_AU
dc.titlePrinciple v Practice: Judicial Review of Non-Statutory Executive Action in Australiaen_AU
dc.typeThesisen_AU
dc.description.embargo2020-03-23
dc.type.thesisDoctor of Philosophyen_AU
usyd.facultySydney Law Schoolen_AU
usyd.degreeDoctor of Philosophy Ph.D.en_AU
usyd.awardinginstThe University of Sydneyen_AU


Show simple item record

Associated file/s

Associated collections

Show simple item record

There are no previous versions of the item available.