LLB230 Lecture 6: Week Six
Document Summary
The framework for judicial review: legal framework for judicial review, types of administrative action that are justiciable; amenable to judicial review. Courts ensure that decisions and actions of government are lawfully taken. Legality, lawfulness, question of law, error of law, grounds of review focusing on the law. Judicial review considers whether decision-makers have exceeded their powers and functions, not whether a decision is the "correct or preferable" one. "the consequence is that the scope of judicial review must be defined not in terms of the protection of individual interests but in terms of the extent of power and legality of its exercise" (brennan j, Attorney-general (nsw) v quin (1990) 170 clr 1, 35-6) Fact and law distinguished: a court in judicial review may review errors of law but not errors of fact. "the critical nature of the line drawn between factual and legal matters varies with the purposes it serves. " (mchugh & gummow jj in applicant s20/2002)
