Judicial Review in Australia's Government

The assignment delves into the crucial role of judicial review within Australia's governmental framework. It examines how judicial review functions as a mechanism for ensuring public officials adhere to legal boundaries when executing their duties. The analysis encompasses the historical development of judicial review, its application at both federal and state levels, and its importance in safeguarding individual rights and the rule of law.

ADMINSTRATIVE
LAW
Contents
INTRODUCTION...........................................................................................................................1

TASK...............................................................................................................................................1
CONCLUSION................................................................................................................................7
REFERENCES................................................................................................................................8

INTRODUCTION
Judicial review is a kind of process which is used by any judicial body for making the
smoothness in the country’s judicial operation. However, this can be said that the smoothness
can done by applying the effectiveness (Rosenbloom, 2014). The judicial review can be
implemented by doing proper survey. However, there is a strict need to do a proper research for
smooth running of operation in a country. this is obvious that there is a strong need to implement
various research survey so that they could make their business operations smooth and effective.
TASK
The judicial review is an essential thing for making the smoothness of constitution. The
important warrant for judicial intervention is the declaration and enforcing of law influencing to
the extent and exercise of power. This is the duty and jurisdiction of the court to review of
administrative action which could not go beyond the declaration and enforcing of repository’s
powers (Short, 2012). If the review is not done, then in that case, the court can remove the
injustice. But to be frankly saying, the court has no power to eliminate the administrative
injustices however, this can be said that judicial review can-not be said that the this is not the
merits of a specific case. Instead, it is the point where the court reviews the decision in order to
make sure the decision maker implement the rectify the legal reasoning the precise legal process.
On a review, if the court detect that a verdict is emerged unlawfully then in that case the
power of the court would confined to the forming the decision aside and remitting the matter to
the decision-maker for further consideration as per the law (Rose-Ackerman, Lindseth and
Emerson, 2017). On a review, if this is found that the verdict has been incorporated unlawfully,
the controls of the court normally being shifted to the setting the decisions aside and remitting
the fact to the administrative body for further making in which although a verdict is not correct
on the basis of fact. there might be a point where the administrative authority can make further
changes after reviewing the laws. However, this can be said that the review of judicial is much
restrict that a right of appeal. The court only can do that the court have limited role for reviewing
the activities of the administrative discretion which must be come in the mind. This is not the
right and operations of the court to substitute its own verdict for that the administrator has vested
in the administrator. The court role is to fix limit on the exercise a discretion. which the legislator
has vested
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The administrative authority can amend the law if they think that the decision made on a
specific matter so that they could rectify as per the judicial manner. however, this can be said
that the judicial authority has the limitation not to review on the verdict which it had already
passed.
The research is made on the judicial law by taking the recommendations from the general
public by using survey techniques (Barnett, 2017). They might be primary source or secondary
source. But this is the most effective element to know and select the best matter accordingly.
With the help of primary and secondary data resources, the administrative authority can make
changes and provides effective legislature so that the case of judicial review could not arise.
However, this can be said that the in some point, this is the key point where the judicial review
can be done. This would arise in the point where the court did not pass verdict according to law.
Judicial review is known as primary aspect of statutory remedies that are present at the
federal stages under the administrative decision act 1977. It is sometime termed as improper
exercise of regulation. It is the responsibility of court that will be interact with administrative
rules or aspects if it is mention under the Australian constitution. There are wider range of cases
law and regulation which are presented in the various evidence for such an operation. Judicial
reviews is a kind of techniques by which court can use to examine all the action that are
perform by three pillars of the government. Such as legislation, executive and administrative
wings. It also looks to analyse whether all those actions are regular with constitution of the
nation. There are certain significance of judicial review which are helpful in controlling and
regulating operation of the country. In accordance with the Australian, judicial reviews that are
presented as vital component in a comprehensive justice system. Some other element which are
presented under this are mention underneath:
Internal administration review which are done by the superior officers.
External or outside management review perform by Tribunal’s.
Some scrutiny and suggestion made by ombudsmen and parliament authority.
Safeguarding the data under surveillance of private legislation department.
It will be also applicable in case of breaches of human rights or discriminatory behaviour done
by any person and anti-discrimination rules.
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Critical evaluation by using various sources of data collection:
There are various research process which are been followed by the country in order to reach at
some sort of solution. Such as primary sources which are more effective part of any research as
the information are more reliable and accurate. It is so because the data is collected from the first
time about any legal activity or cases that are affecting regulation of the nation.
The primary sources is more broadly utilise to embody every sources that are more
reliable and real. It is important to for researchers to enhance to start there research by using
secondary sources such as law review articles those are likely to be helpful as compare to
primary rule. According to the Short, 2012 “Secondary sources are more suitable for the
researchers as they do not have to analyse more on current situation. But they can use old and
past data which are based on legal judicial-review system”.
In the words of Benish and LEVI‐FAUR, 2012, “secondary sources always use to provide more
legal principles those are easily answerable to the nationwide. It can be helpful to avoid
unnecessary research since, parties are sound into work that someone else has already done on an
particular problem. Within the limits of its legislation capacity that are themselves fix by the
constitutions. An injunction can be arises that can create more issues to restrain unlawful conduct
of parties that are responsible for the unethical practices”.
In the opinion of Saiger, 2014 “parliament can develop and state the role or power and other
necessary aspects that are affecting the laws to be followed by everyone. there are various
actions which are useful in removing remedies that are presented in administration decisions.
The traditional common laws are big challenges the are valid of action in the way of prerogative
aspects that are needed to be mention under the judicial-review of the country”.
According to Wolfe, 2012application for review that are not important as decision making under
the administrative appeals tribunal act 1975. The legislation permitting appeals as a positive
aspect for making crucial decision in favour of the parties which are facing criminal issues.
Reasons for limitation for limiting:
There are certain consideration which are related with the scope of review generally not set out
anytime. For instance, the impacts of management decision are relying upon the freedom of an
individual that can be consider to the most crucial aspects for the nation.
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In seeking to identity the relevant regulation those are considerable with the underlying situation
of any case that are affecting the review system of the country. It was mention in the Australian
administrative law that in some cases, subjects to a constitutional limitation are there which are
associated with the judicial review. There are some statutory limitation which are related with
the criminal, extradition and other law able ground which are related with all those component
that are liable in it.
Evaluation of the grounds of judicial review regarding unreasonableness in Australian
administrative law:
There are many laws and procedures prepared by the government of the Australia to
effectively operate different activities. These laws include the policies and regulation which are
required to follow by all administrative forces in deployment of their services. The judicial court
of the Australia has the power to review such laws which are prepared by administrative
agencies. Such judicial review helps in identification of the problems which bare persist in such
laws and if the laws are prepare by the agencies out of their power then amend them. There is the
one principle works which is named as the principle of separation of power (Rosenbloom, 2014).
This principle defines the powers of government regarding development of the acts and restrain
the government not to interfere on such matters which exclusive entrusted to others. Similarly,
Judicial review by the courts also doesn't have the outright power to openly interfere on the
administrative matters. It is important to determine the grounds on which the courts have the
power to judicial review the law which are prepared by government agencies. This helps in
determination of the boundary within which the work of judicial review in happen.
Judicial review is the process of testing the lawfulness of the decisions of government.
This process includes the determination of the reasons which shows that the particular law and
decision taken by government is unlawful and illegal. Australia has good judicial system which
helps in identification of the law to be unlawful if breaks one of the criteria which is mentioned
below:
 The major reason on which the courts have the right to review the law is to the breach of
the rule of natural justice.
 If the administrative agencies are failed to observe the important procedures which is
necessary to make the decision regarding the preparation of law.
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 The government agencies which are making the laws does not have the power to make
such law and works beyond their power.
 If the agencies considered something irrelevant while exercise their power.
 If the agencies are not able to consider such procedures which is important and within
their power.
 If the government agencies during the preparation of law use their discretionary power as
bad motive
 If there is any error in law
 If any decision taken by the agencies has influenced by some other person with the
motive of fraud
 If the administrative agencies don’t have the evidence or matters to justify their decisions
regarding the preparation of laws
Unreasonableness
This is one of the important factor which is used by the courts for Judicial review the
laws. The major categories which are include in the factor of unreasonableness are mentioned
below:
 If the decisions which are taken by administrative agencies are absent of plausible
justification
 This also includes about that giving excessive consideration on some particular procedure
in preparation of law
 If the agencies are failed to have the proper regard of the departmental policies and
representation.
 If there is some error is present on the point of facts which are of the important nature.
 If the any law is prepared by the agencies have the unpleasant effect on the individuals.
Failure to provide adequate and genuine consideration (Rose-Ackerman, Lindseth and Emerson,
2017).
This will be considered as the major head which is used by the courts of Austria
regarding the judicial review and filling the facts and laws which are not covered earlier. It is
also provided under Wednsebury unreasonable that only the difference between opinion between
the parties is not considered as the factor of unreasonableness (Short, 2012). This will require
the most critical approach to find out the factors of unreasonableness in the prevailed laws.
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Where the ground of unreasonableness is present in the judicial review then the both high
court and federal court have the limited scope.
Significance of judicial review
In the country, the review of judicial process represents an essential elements in the
comprehensive system of administrative justice. Other factors of this framework are mentioned
here:
 Internal management review through superior officers.
 External management evaluation through tribunals.
 External recommendation and scrutiny through the Parliamentary Commissioners as well
as Ombudsman.
 Access the data under the law of freedom of information or requirements of statutory for
the documents provision.
 Information protection under the legislation of privacy.
 Safeguard against the human rights breaches and discriminatory conduction through anti-
discrimination and human rights.
Associated accountability of mechanism consist of:
 Processes of parliamentary and system of committee
 The commonwealth role and auditor-general of state in addressing organised conflicts
and issues,
Judicial review within scheme, has essential functions numbers: The Australian law arrange
the attorney for the management of duties and review of the judiciary system in order to maintain
the decision of court (Barnett, 2017). There are various elements which make sure by rules of
laws in daily life which is mentioned as here:
 The legislation must be available and readily both long with clear and certain.
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 The legislation should be applicable for equality of entire people as well as should not
bias people on the grounds of irrational grounds and arbitrary etc.
Constitutional limits of the system of judicial review: This is neither less nor more than
the rules of law enforcements over the action of executive which refer to the executive action
that is prevented from the power exceeding as well as the assigned function to executive through
the individual interest and law that are safeguarded accordingly. Those executive exercising and
management power are subjected by legislation by those who is being impacted from this
exercise. This complies that, within the restriction of consistent and judiciary with the judicially
obligation act, this is the duty of court to render the appropriate remedies that is conducted in
order to ensure that management power practices and possessed executive practice function
according to the exercises governed by laws. The rules of law follow the same rule.
CONCLUSION
From the above mentioned report, this has been observed that the Judicial review plays a
crucial part in Australia’s government system as this is a tool of believing the responsibility of
public officials for the legality of their actions. Judicial review at a federal point has been
accessible as per the Constitution since the introduction of commonwealth. The beginning of
legal judicial review as per the administrative decisions rendered a common process for judicial
review.
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REFERENCES
Books and Journals:
Barnett, H., 2017. Constitutional and administrative law. Taylor & Francis.
Rose-Ackerman, S., Lindseth, P.L. and Emerson, B. eds., 2017. Comparative administrative law.
Edward Elgar Publishing.
Rosenbloom, D.H., 2014. Administrative law for public managers. Hachette UK.
Short, J.L., 2012. The political turn in American administrative law: Power, rationality, and
reasons. Duke Law Journal. pp.1811-1881.
Benish, A. and LEVI‐FAUR, D.A.V.I.D., 2012. NEW FORMS OF ADMINISTRATIVE LAW
IN THE AGE OF THIRD‐PARTY GOVERNMENT. Public Administration. 90(4). pp.886-900.
Saiger, A.J., 2014. Chevron and Deference in State Administrative Law.
Wolfe, L., 2012. Darling Divas or Damaged Daughters: The Dark Side of Child Beauty Pageants
and an Administrative Law Solution. Tul. L. Rev., 87, p.427.
Mathis, K., 2014. Cultures of Administrative Law in Europe: From Weberian Bureaucracy to
‘Law and Economics’. In Law and Economics in Europe (pp. 149-174). Springer Netherlands.
Xinran, Y.X.S., 2012. Administrative Procedure Law Perfection [J]. Law Science Magazine. 8,
p.012.
Seerden, R.J.G.H. and Wenders, D.W.M., 2012. Administrative law in the Netherlands. Ius
Commune Europaeum. (109).
Online
Judicial Review. 2018 [Online]. Available through< https://www.judiciary.gov.uk/you-and-the-
judiciary/judicial-review/>.
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