Login : Advocate | Client
Home Post Your Case My Account Law College Law Library

Report No. 162

3.5. Judicial Review in Australia.-

Statutory statements of the grounds on which a court will set aside an administrative decision in Australia are as follows:-

The Report of the Committee of the JUSTICE (page 18 thereof) sets out the grounds of review contained in section 5(1) of the Australian Administrative Decisions (Judicial Review) Act, 1977, as amended in 1978 and 1980, in the following abbreviated forms:-

a. Breach of the rules of natural justice;

b. Breach of mandatory procedural requirements;

c. Lack of jurisdiction;

d. Absence of statutory authority;

e. Improper exercise of statutory power;

f. Error of law;

g. Decisions induced by fraud;

h. Absence of evidence;

i. Decisions otherwise contrary to law;

Section 5(2) of the Act expands on ground (e) above by stating that improper exercise of a power is to be construed as including a reference to the following:-

a. Taking an irrelevant consideration into account;

b. Failing to take relevant consideration into account;

c. Exercising a power for non-statutory purpose;

d. Exercising a power in bad faith;

e. Acting at the direction of another person;

f. Applying a rule or policy without regard to the merits of a particular case;

g. Unreasonable exercise of power;

h. Producing an uncertain result; and

i. Any other exercise of a power in a way that constitutes abuse of the power.

3.6. A glance at the systems of administrative law on the continent of Europe is made by Z.M. Nedjati and I.E. Trice in the book entitled "English and Continental Systems of Administrative Law", 1978 Edn., Chapter 3 as follows:-

"French Administrative Law

In France there is a two-tier hierarchy of administrative courts headed by the 'Conseil d'Etat. This specialised tribunal, which comprises about 150 carefully selected specialists had its origins in the ancient regime and is a markedly French institution. Its function is twofold: first, to advise the government and the executive upon the implications and validity of administrative regulations and ordinary laws which may be submitted; second, to judge through its litigation department (section du contentieux) any disputes which may arise between the State or public bodies and the individual citizen. In the lower tier are grouped the 24 Tribunaux Administrative which act as the administrative courts of first instance for their particular region.

Litigation before Administrative Courts

In France, litigation between a citizen and some organ of the State in an administrative context comes within the jurisdiction of the Conseil d'Etat statuant au contentieux."

Review of functioning of Central Administrative Tribunal - Customs, Excise and Gold (Control) Appellate Tribunal and Income-Tax Appellate Tribunal Back

Client Area | Advocate Area | Blogs | About Us | User Agreement | Privacy Policy | Advertise | Media Coverage | Contact Us | Site Map
powered and driven by neosys