It is commonly asserted that bills of rights have had a `righting' effect on the principles of judicial review of administrative action and have been a key driver of the modern expansion in judicial oversight of the executive arm of government. A number of commentators have pointed to Australian administrative law as evidence for this `righting' hypothesis. They have suggested that the fact that Australia is an outlier among common law jurisdictions in having neither a statutory nor a constitutional framework to expressly protect human rights explains why Australia alone continues to take an...
It is commonly asserted that bills of rights have had a `righting' effect on the principles of judicial review of administrative action and have been ...