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The latest issue of the Australian Journal of Administrative Law (Volume 27 Part 4) contains the following material:

EDITORIALGeneral Editors: Matthew Groves and Greg Weeks

  • Ministerial Adherence to the Law

CASENOTEEditor: Nathalie Ng

  • Northern Land Council v Quall [2020] 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

Articles

Executive Detention in the Time of a Pandemic – Anthony Gray

The global COVID-19 pandemic has raised many important legal issues in Australia. One was the legality of proposed detention of an individual at the behest of an authorised person, on the basis the person was considered likely to breach the lockdown measures. Though the Victorian Government eventually abandoned this contentious proposal, it raised significant controversy, and is considered worthy of examination in this article.

Deference as Non-jurisdictional Error – Charlie Rotondo

Unlike in the United States and Canada, Australian administrative law does not recognise a doctrine of deference to executive interpretations of statute. Although the High Court has never been called to conclusively decide whether a doctrine of deference could exist in Australia, its obiter in City of Enfield v Development Assessment Commission and orthodox understandings of the separation of powers suggest that such a doctrine would be inconsistent with the Constitution. This article attempts to show that, while accepting a strict separation of powers, a doctrine of deference can operate alongside existing judicial review doctrine. By reviewing the distinction between jurisdictional and non-jurisdictional errors of law, I show that the validity of an administrative decision can be protected even where it is inconsistent with the construction a reviewing court would give to the relevant statute.

BOOK REVIEWEditor: Dr Janina Boughey

  • The Anatomy of Administrative Law, by Joanna Bell Reviewed by Mark Aronson

For the PDF version of the table of contents, click here: AJ Admin L Vol 27 No 4 Contents.

Click here to access this Part on Westlaw AU

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