The 'No Evidence' Doctrine and the Limits to Judicial Review

(1999) 8 Griffith Law Review 102-133

32 Pages Posted: 28 Aug 2014 Last revised: 29 Aug 2014

See all articles by Timothy H. Jones

Timothy H. Jones

Swansea University

Robert Thomas

University of Manchester - School of Law

Date Written: August 26, 1999

Abstract

This article presents a critical analysis of the 'no evidence' ground of judicial review in the Administrative Decisions Judicial Review) Act 1977 (Cth). The contention is that its presence in the Act raises in an acute form the problem of defining the outer limits of judicial review. It is concluded that courts can properly review findings of fact by decision-makers to a broader extent than most courts are prepared to admit to at present. The shift in the underlying justification of review from a formalist to a more substantive conception of the rule of law, and from the ultra vires rule towards the articulation of principles of good administration, requires a corresponding change in the courts' attitude towards evidential matters.

Keywords: Judicial Review, Australia, Administrative Law, 'No Evidence' ground

JEL Classification: K10, K10, K20, K30, K39

Suggested Citation

Jones, Timothy H. and Thomas, Robert, The 'No Evidence' Doctrine and the Limits to Judicial Review (August 26, 1999). (1999) 8 Griffith Law Review 102-133, Available at SSRN: https://ssrn.com/abstract=2487439

Timothy H. Jones

Swansea University ( email )

College of Law
Singleton Park
Swansea, SA2 8PP
United Kingdom
01792 295118 (Phone)

Robert Thomas (Contact Author)

University of Manchester - School of Law ( email )

Oxford Road
Manchester, N/A M13 9PL
United Kingdom

HOME PAGE: http://staffprofiles.humanities.manchester.ac.uk/Profile.aspx?Id=robert.thomas

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