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Substantive legitimate expectations in Australian Administrative Law

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journal contribution
posted on 2008-12-01, 00:00 authored by Matthew GrovesMatthew Groves
Judicial review of administrative action has traditionally had a procedural focus. This means that courts examine the procedure by which a decision is made, rather than the decision itself. A denial of natural justice is no exception to review - a person dissatisfied with an administrative decision has long been able to complain about the fairness of the decision-making process but not the fairness of the decision itself. English law has recently developed a doctrine of 'substantive unfairness' by which an expectation about the outcome of a decision-making process can be protected by the courts in a strong sense. The strength of the protection given under this new doctrine seems to blur the distinction between process and outcomes, which leads judicial review in a radical new direction. This article explains the English doctrine of substantive unfairness and considers whether it can and should be adopted in Australia.

History

Journal

Melbourne University Law Review

Volume

32

Issue

2

Pagination

470 - 523

Publisher

Melbourne University Law Review Association

Location

Melbourne, Vic.

ISSN

0025-8938

Language

eng

Publication classification

CN.1 Other journal article

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