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The latest issue of the Australian Journal of Administrative Law (Volume 27 Part 4) contains the following material:
EDITORIAL – General Editors: Matthew Groves and Greg Weeks
- Ministerial Adherence to the Law
CASENOTE – Editor: Nathalie Ng
- Northern Land Council v Quall [2020] HCA 33
- Amenability of the Executive Power to Pardon to Judicial Review: Holzinger v Attorney-General (Qld) and Attorney-General (Cth) v Ogawa – Samuel Walpole, Aaron Moss and William Isdale
Articles
Executive Detention in the Time of a Pandemic – Anthony Gray
The global COVID-19 pandemic has raised many important legal issues in Australia. One was the legality of proposed detention of an individual at the behest of an authorised person, on the basis the person was considered likely to breach the lockdown measures. Though the Victorian Government eventually abandoned this contentious proposal, it raised significant controversy, and is considered worthy of examination in this article.
Deference as Non-jurisdictional Error – Charlie Rotondo
Unlike in the United States and Canada, Australian administrative law does not recognise a doctrine of deference to executive interpretations of statute. Although the High Court has never been called to conclusively decide whether a doctrine of deference could exist in Australia, its obiter in City of Enfield v Development Assessment Commission and orthodox understandings of the separation of powers suggest that such a doctrine would be inconsistent with the Constitution. This article attempts to show that, while accepting a strict separation of powers, a doctrine of deference can operate alongside existing judicial review doctrine. By reviewing the distinction between jurisdictional and non-jurisdictional errors of law, I show that the validity of an administrative decision can be protected even where it is inconsistent with the construction a reviewing court would give to the relevant statute.
BOOK REVIEW – Editor: Dr Janina Boughey
- The Anatomy of Administrative Law, by Joanna Bell – Reviewed by Mark Aronson
For the PDF version of the table of contents, click here: AJ Admin L Vol 27 No 4 Contents.
Click here to access this Part on Westlaw AU
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