![handle is hein.journals/legedr35 and id is 1 raw text is:
FEAR OF ADMINISTRATIVE LAW?
STUDENT EMOTIONS AROUND
STUDYING ADMINISTRATIVE LAW AT
AN AUSTRALIAN UNIVERSITY
CHANTAL BOSTOCK,* ANNA D. ROWE,^ CHIEN HOONG GOOI,
CAMERON WILLIAMS*
I INTRODUCTION
Upon its colonisation, Australia inherited a complex common law
system from the United Kingdom. 1 At Federation, the Australian
Constitution not only set out the separation of the respective powers of
Parliament, the Executive and the Judiciary, but provided for
mechanisms of judicial review of government action, of which section
75(v) is an example.2 Section 75(v) provides that a person may seek
certain remedies, including prerogative writs,3 against an officer of the
Commonwealth. 4 When Parliament attempted to restrict judicial
review under s 75(v) for migration matters, the High Court upheld the
critical importance of the rule of law. 5 It held that section 75(v)
provides 'an entrenched minimum provision of judicial review', 6
thereby 'assuring to all people affected that officers of the
Commonwealth obey the law'.? Judicial review is therefore a key
mechanism by which members of the Australian community can
Chantal Bostock, Faculty of Law and Justice, University of New South Wales
Anna Rowe, School of Education and Pro Vice-Chancellor Education Portfolio,
University of New South Wales
Chien Hoong Gooi, Faculty of Science, University of New South Wales
Cameron Williams, Black Dog Institute, University of New South Wales
The authors would like to thank the Chief Justice of the FCA, Mortimer CJ, the
Director/Principal Solicitor of the Refugee Advice and Casework Service Sarah
Dale, Professor Alex Steel and Emeritus Professor Mark Aronson for their assistance
with the project and Anagha Aery for her assistance with data processing and
preliminary analyses. We also thank the anonymous reviewers for their feedback on
the article.
Judith Bannister, Anna Olijnyk and Stephen McDonald, Government Accountability:
Australian Administrative Law (Cambridge University Press, 3' ed, 2023) 3.
2 Ibid.
3 Ibid 532-7.
4 Australian Constitution s 75(v).
5 PlaintiffS157/2002 v the Commonwealth (2003) 211 CLR 476. See also Stephen
Gageler, 'Impact of Migration Law on the Development of Australian Administrative
Law' (2010) 17(2) Australian Journal ofAdministrative Law 92.
6 Ibid [103].
Ibid [104].](ViewImageLocal?handle=hein.journals/legedr35&div=1&collection=&method=preview&ext=.png&size=3)
What Is HeinOnline?
Contact us for annual subscription options:
Already a HeinOnline Subscriber?
profiles profiles most
Contact us for annual subscription options:
Already a HeinOnline Subscriber?
profiles profiles most
Contact us for annual subscription options:
Already a HeinOnline Subscriber?
profiles profiles most