By Stephen Gageler SC*
The constitutionalisation of federal administrative law and the resurrection of “jurisdictional error” as its unifying principle in the last 12 to 15 years track a significant and important doctrinal development. Legislative changes to the structure of the migration law in the same period have had an appreciable influence upon that development. This article chronicles and explains the episodes of structural change by the legislature and the High Court’s on-going responses to the shifts in the statutory framework.
The full article can be accessed here: “Impact of migration law on the development of Australian administrative law” (2010) 17 AJ Admin L 92.
*Solicitor-General of Australia.