Restoring the Rule of Law - Plaintiff S157/2002 v. Commonwealth of Australia

Abstract

This article analyses and considers the implications of the decision of the High Court in Plaintiff S157/2002 v Commonwealth of Australia (2003) 195 ALR 24, handed down on 4 February 2003. In its decision the Court upheld the constitutional validity of amendments made to the Migration Act 1958 (Cth) in late 2001, the objective of which was to reduce, as far as is legally possible, the scope for judicial supervision of decisions under the Act. While concluding that the amendments are valid, the Court nevertheless construed them in a manner that has the potential to undermine seriously the achievement of that objective.

Keywords: constitutional, administrative law

JEL Classification: K00, K23, K39