*Please note that the links to the content in this Part will direct you to Westlaw AU. If you are still using Legal Online, the links can be found in the LOLA PDF at the bottom of this post.<\/p>\n
The latest issue of the Australian Journal of Administrative Law<\/em> (Volume 20 Part 2) contains the following material:<\/p>\n EDITORIAL<\/a><\/p>\n Is the giving of reasons for administrative decisions a question of natural justice? <\/i><\/b><\/a>\u00e2\u20ac\u201c Justice Chris Maxwell<\/p>\n Under Australian law, compliance with the rules of natural justice does not oblige an administrative decision-maker to give reasons for decision. The High Court so held in 1986, in Public Service Board (NSW) v Osmond, and the position is unchanged today. Appellate courts in the United Kingdom, by contrast, have affirmed that the giving of reasons can be viewed as an aspect of the decision-maker\u00e2\u20ac\u2122s duty to act fairly and that \u00e2\u20ac\u201c depending on the statutory context \u00e2\u20ac\u201c procedural fairness may require that reasons be given. This article examines the doctrinal divergence between Australia and the United Kingdom and suggests that, given the continuing importance of the question, it would be timely for the High Court to revisit the decision in Osmond and the analysis on which it was founded.<\/p>\n To purchase this article, complete the Individual Article Sale<\/a> order form and email it to tlranz.journal.orders@thomsonreuters.com<\/a>.<\/p>\n The meaning of an \u00e2\u20ac\u0153alien\u00e2\u20ac\u009d in the constitutional universe <\/i><\/b><\/a>\u00e2\u20ac\u201c Anthony Gray<\/p>\n This article challenges the current understanding of \u00e2\u20ac\u0153alien\u00e2\u20ac\u009d in the context of s 51(xix) of the Constitution, especially the High Court finding that a person born in Australia could meet the definition, and thus be liable to deportation. The article argues it is impermissible to base the meaning of a word in the Constitution that confers power on Parliament on how Parliament has itself defined the word, which is what some members of the court have done. International materials are considered useful in ascribing a contemporary meaning to the word \u00e2\u20ac\u0153alien\u00e2\u20ac\u009d for constitutional purposes, and in this area, as in many others, Australian law could only be enriched by consideration of how other comparable nations have dealt with similar issues.<\/p>\n To purchase this article, complete the Individual Article Sale<\/a> order form and email it to tlranz.journal.orders@thomsonreuters.com<\/a>.<\/p>\n TRADE, COMMERCE AND REVENUE<\/a> \u00e2\u20ac\u201c Justin Davidson<\/i><\/p>\n CIVIL AND POLITICAL RIGHTS<\/a> \u00e2\u20ac\u201c Steven Churches<\/i><\/p>\n CASENOTES<\/a> \u00e2\u20ac\u201c Rebecca Heath<\/i><\/p>\n BOOK REVIEWS<\/a> \u00e2\u20ac\u201c Matthew Groves<\/i><\/p>\n For the pdf version of the table of contents, click here: LOLA – AJ Admin L Vol 20 Pt 2 Contents<\/a> or here: WAU – AJ Admin L Vol 20 Pt 2 Contents<\/a>.<\/p>\n\n
Articles<\/h3>\n
Sections<\/h3>\n
\n
\n
\n
\n