Dr Janina Boughey
This Part includes the following articles: “Judicial Review of Administrative Action: Between Grand Theory and Muddling Through” – Mark Aronson; “The State of the Art in Contemporary Administrative Law” – Paul Daly; “Peremptory Mandamus in Australian Administrative Law” – Christopher Chiam; and “Delegated Legislation and Emergency Rule-making in Australia” – Tim Wright. Also in this Part are the following sections: Editorial: “The State of Our Administrative Law”; and Book Review: “Measuring Accountability in Public Governance Regimes”, by Ellen Rock – Reviewed by Robin Creyke.
This Part includes the following articles: “Executive Detention in the Time of a Pandemic” – Anthony Gray; and “Deference as Non-jurisdictional Error” – Charlie Rotondo. Also in this Part are the following sections: Editorial: “Ministerial Adherence to the Law”; Casenote: “Northern Land Council v Quall  HCA 33”; Current Issues: “Amenability of the Executive Power to Pardon to Judicial Review: Holzinger v Attorney-General (Qld) and Attorney-General (Cth) v Ogawa” – Samuel Walpole, Aaron Moss and William Isdale; and Book Review: “The Anatomy of Administrative Law”, by Joanna Bell – Reviewed by Mark Aronson.
This Part includes the following articles: “Migrating towards a Principled Approach to Reviewing Jurisdictional Facts” – The Hon Justice R Derrington; “Materiality: Marking the Metes and Bounds of Jurisdictional Error?” – Harry Aniulis; and “A Question of Capacity: Does the AAT Have the Power to Appoint Litigation Guardians?” – Matthew Paterson. Also in this Part are the following sections: Editorial: “Immigration Litigation – Impact, Study and Reform”; Current Issues: “Finding Law in a Time of Emergency: COVID-19” – Katie Miller; and Book Review: “Military Law in Australia, by Robin Creyke, Dale Stephens and Peter Sutherland (eds)” – Reviewed by Matthew Groves.
This Part includes the following articles: “Judicial Review of the Fast-track Asylum Seeker Assessment Process” – Tim Peyton; and “A(nother) New Unreasonableness Framework for Canadian Administrative Law” – Janina Boughey. Also in this Part are the following sections: Editorial: “The Ongoing Quest to Define a Duty of Consistency”; Casenote: “CNY17 v Minister for Immigration and Border Protection  HCA 50” – Stephen Tully; Speech: “Delivering Reasons in the Tribunal Context” – The Hon Justice A S Bell; and Book Review: “Administrative Redress in and out of the Courts, by Greg Weeks and Matthew Groves (eds)” – Reviewed by Dr Maria O’Sullivan.
This Part includes the following articles: “A Typology of Materiality” – Paul Daly; “Failure to Adhere to Policy: A Category of Jurisdictional Error?” – Patrick McCabe; and “Creating a Framework for Evaluating the ‘Effectiveness’ of the Commonwealth Ombudsman” – Jeremy (Wei Peng) Soh. Also in this Part are the following sections: Editorial; Casenote: In Defence of Spent Convictions: Frugtniet v Australian Securities and Investments Commission and the Administrative Decision-Maker; and Book Reviews.
The latest issue of the Australian Journal of Administrative Law (Volume 24 Part 1) marks a new chapter for the Journal, as Dr Damien Cremean retires from his role as the General Editor of AJ Admin L after a very successful tenure spanning over a decade. He has also stepped down as General Editor of the Journal of Civil ...more
The latest Part of AJ Admin L features a tribute to outgoing General Editor Dr Damien Cremean, written by the new team of co-General Editors, Dr Greg Weeks and Professor Matthew Groves; and also signals a new “Current Issues” section format for future editions of the journal. This Part includes the following articles: “Balancing the Discretionary Seesaw: Are Community Values an Appropriate Guide for the AAT’s ‘Preferable’ Decisions?” – Madeleine Harkin; “The Function of s 75(v) of the Constitution” – Lindsay Muir; “Australian Ombudsmen: Drafting a Blueprint for Reform” – Anita Stuhmcke. Also in this Part are the following sections: Current Issues; and Book Reviews.