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Natural Justice and the High Court of Australia

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Natural Justice and the High Court of Australia

A Study in Common Law Constitutionalism
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Hardback
  • Natural Justice and the High Court of Australia on Hardback by Ian Holloway
  • Natural Justice and the High Court of Australia on Hardback by Ian Holloway
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Description

This title was first published in 2002: The original thesis of this book is that, in Australia, natural justice has become an aspect of constitutional rather than administrative law. This view of procedural justice is developed in the context of UK and Commonwealth law in a way that brings both historical and doctrinal research to bear on important contemporary issues in judicial review. The author traces the origins and fluctuating development of the idea and practice of natural justice in England and its adaptation to the planned state in Australia. Consideration is given to the impact of the so-called new property and the broadening protection of citizens' rights, the growing significance of the doctrine of legitimate expectations, and the changing role of the notion of ultra vires as a legitimizing basis for judicial review. The book culminates in a critical examination of the idea of common law constitutionalism and the need to develop present-day rationales for the protection of procedural rights.
Release date Australia
December 19th, 2018
Author
Audience
  • Tertiary Education (US: College)
Country of Publication
United Kingdom
Imprint
Routledge
Pages
370
Publisher
Taylor & Francis Ltd
ISBN-13
9781138742437
Product ID
27743486

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