Between rules and discretion: Legislative principles and the "relevant considerations" ground of review
Access status:
Open Access
Type
ArticleAuthor/s
Edgar, AndrewAbstract
Principles may be included in legislation for administrators to apply in the exercise of discretionary powers. But can courts enforce them and, if so, how? This article examines the difficulties that arise when applicants challenge decisions on the basis of improper application of ...
See morePrinciples may be included in legislation for administrators to apply in the exercise of discretionary powers. But can courts enforce them and, if so, how? This article examines the difficulties that arise when applicants challenge decisions on the basis of improper application of legislative principles. It does so by examining challenges that are made, according to the relevant considerations ground of review, to the administration of the principles of ecologically sustainable development. The article examines the elements of the relevant considerations ground that make it difficult for courts to enforce legislative principles. It also examines the normative factors that are likely to lead courts to exercise restraint when faced with claims that legislative principles, and in particular environmental principles, have not been properly applied.
See less
See morePrinciples may be included in legislation for administrators to apply in the exercise of discretionary powers. But can courts enforce them and, if so, how? This article examines the difficulties that arise when applicants challenge decisions on the basis of improper application of legislative principles. It does so by examining challenges that are made, according to the relevant considerations ground of review, to the administration of the principles of ecologically sustainable development. The article examines the elements of the relevant considerations ground that make it difficult for courts to enforce legislative principles. It also examines the normative factors that are likely to lead courts to exercise restraint when faced with claims that legislative principles, and in particular environmental principles, have not been properly applied.
See less
Date
2013Source title
Australian Journal of Administrative LawVolume
20Issue
3Publisher
Thomson ReutersLicence
Copyright All Rights ReservedRights statement
This article was published by Thomson Reuters and should be cited as Edgar, A. (2013). Between rules and discretion : legislative principles and the "relevant considerations" ground of review. Australian Journal of Administrative Law, 20(3), 132–148. For all subscription inquiries please phone, from Australia: 1300 304 195, from Overseas: +61 2 8587 7980 or online at legal.thomsonreuters.com.au/search. The official PDF version of this article can also be purchased separately from Thomson Reuters at http://sites.thomsonreuters.com.au/journals/subscribe-or-purchase. This publication is copyright. Other than for the purposes of and subject to the conditions prescribed under the Copyright Act 1968 (Cth), no part of it may in any form or by any means (electronic, mechanical, microcopying, photocopying, recording or otherwise) be reproduced, stored in a retrieval system or transmitted without prior written permission. Enquiries should be addressed to Thomson Reuters (Professional) Australia Limited. PO Box 3502, Rozelle NSW 2039. legal.thomsonreuters.com.auFaculty/School
The University of Sydney Law SchoolShare