1.1 JR General Principles

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General Principles Administrative law = system which deals with the remedies and procedures developed, in regards to the actions of government agencies, and their decisions  regulates the interaction between the individual and the state  Historically, it was designed to allow for the decisions of travelling judges to be reviewed  Constitutional law approaches issues of all three branches of government, powers, duties and functions of each ↔ administrative law which involves legality of executive government action  5 basic areas 1. judicial review – reviews the legality of the decision 2. merits review – remakes the decision (AAT) 3. internal review provided by the statute (not in this course) 4. FOI (not in this course) 5. ombudsman (not in this course) Systems of judicial review Jurisdiction of courts to judicially review  High Court— the original jurisdiction (Constitution and Judicial Review): s75(v) Constitution; Plaintiff s157/2002 v Commonwealth (2003) 211 CLR 476 75 Original jurisdiction of High Court In all matters: (v) in which a writ of Mandamus or prohibition or an injunction is sought against an officer of the Commonwealth; the High Court shall have original jurisdiction  Federal Court—original jurisdiction: s39B Judiciary Act 1903 (Cth) o Except prosecution for offen
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