The Expanding Role of Process in Judicial Review

Australian Journal of Administrative Law, Vol. 15, No. 2, p. 100, 2008

UNSW Law Research Paper No. 2010-67

17 Pages Posted: 18 May 2011

Multiple version iconThere are 2 versions of this paper

Date Written: December 10, 2010

Abstract

This article examines the state of the law of procedural fairness and procedural error, demonstrating that inadequacy of process is now central to findings that decisions of the Executive are so lacking in quality as to manifest an error of law. The article argues that fairness of outcome and legitimacy of review need not be defined only in relation to the faultlessness of process.

Keywords: Administrative Law, Judicial Review, Process, Natural Justice, Wednesbury, Unreasonableness, Procedural Fairness

Suggested Citation

Weeks, Greg, The Expanding Role of Process in Judicial Review (December 10, 2010). Australian Journal of Administrative Law, Vol. 15, No. 2, p. 100, 2008 , UNSW Law Research Paper No. 2010-67, Available at SSRN: https://ssrn.com/abstract=1721883

Greg Weeks (Contact Author)

ANU Law School ( email )

ANU College of Law
5 Fellows Road
Canberra, Australian Capital Territory 2600
Australia
6125 5420 (Phone)

HOME PAGE: http://law.anu.edu.au/people/greg-weeks

Do you have negative results from your research you’d like to share?

Paper statistics

Downloads
79
Abstract Views
500
Rank
152,173
PlumX Metrics