Federal constitutional influences on state judicial review: an AACL seminar

Mon Aug 23 2010

The Australian Association of Constitutional Law invites members to attend a lecture by Dr Matthew Groves (Associate Professor, Faculty of Law, Monash University) regarding 'Federal Constitutional Influences on State Judicial Review', to be held on Thursday, 26 August 2010 at 5:30 pm.

Several federal constitutional principles, including the ‘entrenched minimum provision of judicial review’ (Plaintiff S157 (2003) 211 CLR 476, [103]), impose restraints on state judicial review but offer few protections. Thus, state administrative law cases such as Quin (1990) and Enfield (1999) have imposed doctrinal limits upon judicial review by considerations referable to the federal Constitution. These considerations have also precluded the adoption, at the state level, of new grounds of review, such as substantive unfairness (Lam 2003), a remedy for ‘serious administrative injustice’ (S20, 2003) or the adoption of innovations such as proportionality via bills or charters of rights. Conversely, state judicial review has enjoyed few federal protections. Kirk v Industrial Relations Commission [2010] HCA 1 now suggests that the integrated judicial system established by the Constitution may provide some entrenched protections for state judicial review rather than just restrictions.

Commentators: The Hon Justice Brian Preston (chief justice of the Land and Environment Court) and Mr Mark Robinson (Third Floor Wentworth Chambers)

Chair: Sir Gerard Brennan AC KBE QC

Venue: Court 18A, Federal Court, Queens Square

The seminar is for AACL members only. Membership is $50 per year. Membership applications may be obtained at the door.

23 August 2010

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