Full Description
This book discusses some of the most important issues facing administrative law and related doctrines.
Leading public law scholars from across the common law world have contributed chapters to recognise the exceptional scholarship and career of Matthew Groves, Distinguished Professor at Deakin University, Australia.
Over the last century, the power of the administrative state has grown immensely and the scope of administrative law as a field of inquiry has grown with it. This collection of essays provides an up-to-date analysis of some of the most important issues in administrative law in the 2020s, including: access to justice issues; the role, purpose and future of ombuds institutions and tribunals; government liability within and beyond judicial review; integrity bodies; 'lawfare'; the role of policies in government decision-making; and the tension between military and civilian systems of justice. These topics have been central to the work and career of Matthew Groves.
Readers interested in public law - whether practitioners, researchers or students - will discover a wealth of engaging and thought-provoking considerations of the most topical current issues in administrative law by a selection of prominent academics.
Contents
Foreword, Robin Creyke and John McMillan Australian National University)
Introduction, Greg Weeks (Australian National University)
Part 1: Access to Justice
1. Judicial Review and Administrative Justice Within and Across the UK Nations: A Tale of Divergence and Convergence, Liam Edwards (Ulster University, UK) and Sarah Nason (Bangor University, UK)
2. Avoiding the Mistakes of the Past: The 'New' Digital Platform Ombudsman, the 'New' National Student Ombudsman and the Need for a 'New' Template for the Creation of Federal Ombudsman Institutions, Anita Stuhmcke (University of Technology Sydney, Australia)
3. The Demise of the Administrative Appeals Tribunal: What Lessons Can We Learn for the Future? Chantal Bostock (University of New South Wales, Australia)
4. Public Interest Groups in Australian Standing Law: Reconsidering the North Coast Environment Council Case, Andrew Edgar (University of Sydney, Australia)
Part 2: Judicial Review and Government Liability
5. What is the Legal Status of Statutory Interpretation in Australia and Why Does It Matter Anyway? Dan Meagher (Deakin University, Australia)
6. The Doctrine and Scope of Judicial Review: Comparative Reflections on Three Jurisdictions, Stephen Thomson (Australian National University)
7. On Time and Space: Proximity in the Law of Bias, Paul Daly (University of Ottowa, Canada)
8. Judicial Review of the Ombuds Office: Good for Administrative Justice? Hanna Wilberg (University of Auckland, New Zealand)
9. The Constitution, Separated Judicial Power and Judicial Review in the Australian States, Emily Hammond (University of Sydney, Australia)
10. Negligence Law's Pure Omissions and Statutory Context, Mark Aronson (University of New South Wales, Australia)
Part 3: Scope of the Administrative State
11. Brokering Public Trust and Confidence in Government Integrity, Ellen Rock (University of New South Wales, Australia)
12. Judicial Review and the Rule of Law(fare) in South Africa, Cora Hoexter (University of Witwatersrand, South Africa)
13. Civilian or Military Justice? Dealing with Criminal Offences of Defence Force Members, Alison Duxbury (University of Melbourne, Australia) and Rain Liivoja (University of Queensland, Australia)
