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
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: Suggested Citation