An alternative (partial) justification for the holding in Kirk

Roos, Oscar I. 2015, An alternative (partial) justification for the holding in Kirk, Public law review, vol. 26, no. 2, pp. 111-125.

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Title An alternative (partial) justification for the holding in Kirk
Author(s) Roos, Oscar I.ORCID iD for Roos, Oscar I.
Journal name Public law review
Volume number 26
Issue number 2
Start page 111
End page 125
Total pages 15
Publisher Thomson Reuters
Place of publication Pyrmont, N.S.W.
Publication date 2015-06-01
ISSN 1034-3024
Summary In Kirk v Industrial Court (NSW), the High Court determined that, based on“accepted doctrine at the time of Federation”, s 73 of the Constitutionentrenched the jurisdiction of the State Supreme Courts to review thedecisions of State decision-makers on the grounds of jurisdictional error. In anearlier article, the author argued that this reasoning was seriously flawed. Thisarticle propounds an alternative, partial justification for the holding in Kirk,based on features inherent in the text and structure of Ch III of the Constitutionat Federation and the preservation of those features in the face of thepost-Federation dismantling of the imperial legal system. It argues that animplication can be inserted into s 73 which entrenches the jurisdiction of theState Supreme Courts to review the decisions of “Lower State Courts”, but not“State Administrators”.
Language eng
Field of Research 180108 Constitutional Law
180103 Administrative Law
Socio Economic Objective 940499 Justice and the Law not elsewhere classified
HERDC Research category C1 Refereed article in a scholarly journal
Copyright notice ©2015, Thomson Reuters
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