The Normative Structure of Australian Administrative Law

(2017) 45 Federal Law Review 153

27 Pages Posted: 16 Aug 2018

See all articles by Will Bateman

Will Bateman

Australian National University

Leighton McDonald

ANU College of Law

Date Written: 2017

Abstract

This article analyses the normative structure of Australian administrative law through the prism of two distinct intellectual approaches to the law of judicial review: the 'grounds approach' and the 'statutory approach'. We explore the development of both approaches and track the contemporary ascendance of the statutory approach in light of the political and constitutional context within which the practice of judicial review is situated. We then reflect on the ways that each responds to two central legitimacy problems which must be confronted by modern administrative law: the democratic legitimacy of judicial review and the legitimacy of the forms of law associated with contemporary administrative government.

Keywords: Law, Administrative Law, Judicial Review, Legitimacy

JEL Classification: K00, K20, K10, K19, K30, K37, K20, K30

Suggested Citation

Bateman, Will and McDonald, Leighton, The Normative Structure of Australian Administrative Law (2017). (2017) 45 Federal Law Review 153, Available at SSRN: https://ssrn.com/abstract=3220121

Will Bateman (Contact Author)

Australian National University ( email )

Canberra, Australian Capital Territory 2601
Australia

HOME PAGE: http://https://law.anu.edu.au/people/will-bateman

Leighton McDonald

ANU College of Law ( email )

Canberra, Australian Capital Territory 0200
Australia

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