By Janina Boughey*
In the absence of specific or adequate laws designed to enable individuals to enforce their human rights, it is inevitable that human rights claims will be made through other, established legal avenues. Some academics have suggested that administrative law is particularly susceptible to its principles being used to pursue human rights claims because of the similarity between the underlying principles of administrative and human rights law. This article considers the success of such attempts, some conceptual limitations of using administrative law to advance human rights in certain circumstances, the impacts of using administrative law principles to achieve human rights on the “integrity” of administrative law and the effect of statutory rights protections on this process.
The full article can be accessed here: “The use of administrative law to enforce human rights” (2009) 17 AJ Admin L 25.
* B Ec(Soc Sci); LLB (Hons I) USyd; LLM Candidate ANU.