Australian administrative law

Australian Administrative Law

Australian administrative law

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Description:
Australian administrative law define the extent of the powers and responsibilities held by administrative agencies of the Australian government. It is a common law system, with a highly significant statutory overlay that has shifted focus to generalist tribunals and codified judicial review.

Australia possesses well-developed ombudsman systems, and Freedom of Information laws, both influenced by comparable overseas developments. Its notice and comment requirements for the making of delegated legislation has parallels to the United States. Australia's borrowings from overseas are still largely shaped by its evolution within a system of parliamentary democracy that loosely follows a Westminster system of responsibility and accountability.

The development of administrative law over the past three decades has been described as a "quiet revolution".Re Pochi and Minister for Immigration and Ethnic Affairs (1979) 2 ALD 33 per Justice Deane. Administrative law's application are currently being influenced by the shift toward deregulation, and privatisation.

History

The constitutional framework and development of administrative law in Australia was highly influenced by legal developments in the United Kingdom and United States. At the end of the 19th century, The British constitutional theorist A. V. Dicey argued that there should be no separate system of administrative law such as the droit administratif which existed in France. As a result,...
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