StudyXY
RegisterLog in

Week 5 Lecture Notes

A legal reference hub for judicial review principles in Australia, covering statutory and common law review, key cases, remedies, and limitations like privative clauses, with comparative insights on administrative decision-making.

Daniel Miller
Contributor
4.4
41
4 months ago
Preview (7 of 22 Pages)
100%
Purchase to unlock

Page 1

Week 5 Lecture Notes - Page 1 preview image

Loading page ...

L e c t u r e N o t e sOrigin: of Judicial Review■J u d i c i a l review has its o r i g i n s in c o m m o n law, in particular the rules of the Kings BenchCourts in L o n d o n .■J u d i c i a l review is only concerned with theegal ity of d e c i s i o n m a k i n g .»The three central writs that d e v e l o p e d in the Kings Bench — Preroqairve iVr.ts(duetotheirassociation with delivering the authority of the Monarch and disciplining lower-leveldecision-making -d e v e l o p e d g r a d u a l l y over the 13th to the18th century:Certiorari — to be fully i n f o r m e d ; to ca I Up the record of a lower- evel d e c i s i o n - m a k e rfor r e v i e w ; to quash a d e c i s i o n that has a l r e a d y beenm a d e3roni b i t i o n -al o w s f o ' highevel courts to p r o h i b i to-p r e v e n t a o ecis i o n - m a t e ' fromp r o c e e d i n g'witha c o u r s e of actionMendamUs -a I o ws f o r ehighe r co urt to co mpe I a d ecisi o r -maker to p erform certa ina c t i o n s*The law of E q u i t y also d e v e l o p e d some r e m e d i e s when the Prerogative Writs c o L i d r o tbeaccessed:DeclarationI n j u n c t i o n■The Prerogative Writs end E q u i t y r e m e d i e s are discussed t o g e t h e r as c o m m o n law review.Development of Judicial Review*Prob em s with the prer og at' ve writs and e q uitabl e rem edies:The prerogative writs in p a r t i c u l a r were very t e c h n i c a l and there were issueswithattempting to apply c o n c e p t s that were d e v e l o p e d c e n t u r i e s earlier to the m o d e r nadministrative states.A p p l i c a n t s had to go t h r o u g h a two-step h e a r i n g p r o c e s swhichwas very e x p e n s i v eand t i m e - c o r & U m i n g .There is a different in theevel of scope between the d i f f e r e n t p r e r o g a t i v e 'writs andd' Terent availability b e t w e e n the writs and e q u i t y which made t h i n g s very c o n f u s i n gfor p e o p l e .*Reform process — 1960s- 1970s- 1980s:

Page 2

Page 3

Page 4

Page 5

Page 6

Page 7

Preview Mode

This document has 22 pages. Sign in to access the full document!

Study Now!

XY-Copilot AI
Unlimited Access
Secure Payment
Instant Access
24/7 Support
Document Chat

Document Details

Subject
Civil Law

Related Documents

View all
Past Exams

Property Law Drill 1 Ownership, Property Types, an

This drill covers core property law concepts in the Philippines, including land ownership limits for foreign corporations, types of property, fixtures, forms of ownership like fee simple, and conditional titles under property law.

Past Exams

Property Law Drill 4 Marital Property, Land Owners

This assessment reviews key principles of Philippine property law, including marital property regimes, land ownership rules, foreign ownership limits, the Regalian doctrine, state powers like eminent domain, inheritance rights illegitimate children.

Past Exams

Property Law Drill Ownership, Family Code, and Sta

This reviewer covers key property law concepts in the Philippines, including land ownership under the Constitution, foreign ownership limits, family property relations, state powers like eminent domain and police power, and inheritance rights.

Class Notes

Case Analysis of Soji and Parental Duty

This case study analyzes Soji’s liability for negligence using the Anns/Cooper test. It explores duty of care, breach, causation, and damages resulting from her failure to supervise her child, leading to property loss at Mackenzie’s Game Store.

Class Notes

Undue Influence in Contract Law Key Cases and Clas

This summary explores undue influence in contract law, distinguishing between actual and presumed influence. It analyzes leading cases, legal principles, classifications (Class 1, 2A, 2B) the requirement of manifest disadvantage in equitable claims.

Class Notes

Assessment 2 Job Hazard Analysis JHA

This Job Hazard Analysis outlines safety protocols, risk assessments, hazard controls, and PPE requirements for erecting and dismantling formwork. It follows WHS legislation and highlights key tools, and responsibilities for safe construction work.

Solved Assignments

Assessment 1 Long Answer Question

This assessment covers WHS compliance, excavation safety, environmental requirements, tools and equipment, trenching techniques, utility identification, and drainage methods, aligning with vocational standards for hand excavation in construction.

Class Notes

Introduction to Law and Key Concepts and Principle

This guide explores core legal principles in Australia, including sources of law, legislative processes, case law, constitutional structure, Indigenous law the doctrine of parliamentary sovereignty with a focus on Queensland and federal institutions.

Solved Assignments

CIV 3702 Assignment 1

This assignment explores civil procedure in South Africa, covering court jurisdiction, reform methods, doctrines, litigation steps, and trial processes. It includes case analysis, procedural rules, and the application of legal principles.

Solved Assignments

Final Project Milestone One Malpractice Case

This case study analyzes the Popovich v. Allina Health System malpractice case, focusing on standard of care, vicarious liability, and the role of independent contractors in healthcare. It explores legal doctrines and patient safety implications.