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Exclusion of the rules of natural justice

journal contribution
posted on 2013-01-01, 00:00 authored by Matthew GrovesMatthew Groves
Natural justice is a common law doctrine that provides important procedural rights in administrative decision-making. The doctrine now has a wide application and is presumed by the courts to apply to the exercise of virtually all statutory powers. But the courts have also accepted that natural justice can be excluded by legislation that is expressed in sufficiently clear terms. This article explains how the courts have made it increasingly difficult for parliaments to exclude natural justice and the principles that apply to its legislative exclusion. It is argued that the interpretive principles applied to legislation which purports to exclude natural justice are so strict that it is very difficult for parliaments to succeed in any attempt to exclude the doctrine.

History

Journal

Monash University law review

Volume

39

Issue

2

Pagination

285 - 318

Publisher

Monash University Law School

Location

Clayton, Vic.

ISSN

0311-3140

Language

eng

Publication classification

C1.1 Refereed article in a scholarly journal

Copyright notice

2013, Monash University Law School