Twenty-one years of the Judicial Review Act 1991: enhancing access to justice and promoting legal accountability?

Billings, Peter and Cassimatis, Anthony E. (2013) Twenty-one years of the Judicial Review Act 1991: enhancing access to justice and promoting legal accountability?. University of Queensland Law Journal, 32 1: 65-101.

Attached Files (Some files may be inaccessible until you login with your UQ eSpace credentials)
Name Description MIMEType Size Downloads
Author Billings, Peter
Cassimatis, Anthony E.
Title Twenty-one years of the Judicial Review Act 1991: enhancing access to justice and promoting legal accountability?
Journal name University of Queensland Law Journal   Check publisher's open access policy
ISSN 0083-4041
Publication date 2013
Year available 2013
Sub-type Article (original research)
Open Access Status
Volume 32
Issue 1
Start page 65
End page 101
Total pages 37
Editor James Allan
Peter M. McDermott
Place of publication St Lucia, QLD, Australia
Publisher University of Queensland Press
Collection year 2014
Language eng
Subject C1
180102 Access to Justice
Formatted abstract
The Judicial Review Act 1991 ('JRA ') came into force on 1 June 1992. The Act reflected the contribution of the 'The Report of the Commission of Inquiry into Possible Illegal Activities and Associated Police Misconduct (the 'Fitzgerald report')' and the Report on Judicial Review of Administrative Decisions and Actions by the Electoral and Administrative Commission ('EARC') which documented concerns about access to justice and government accountability in Queensland...

To mark the twenty-first anniversary since the commencement of the JRA, this Article critically examines whether the statute has achieved its aims of promoting access to justice and securing legal accountability over public power by: (1) simplifying the procedures for accessing the courts and applying for review; (2) codifying the common law grounds for review; and, (3) by providing for a right to reasons in respect of certain administrative decisions. With reference to Queensland's jurisprudence this Article also considers the veracity of claims that statutory codification may promote legal certainty and transparency but it paralyses the development of the common law of judicial review.
Q-Index Code C1
Q-Index Status Confirmed Code
Institutional Status UQ

Document type: Journal Article
Sub-type: Article (original research)
Collections: Official 2014 Collection
TC Beirne School of Law Publications
 
Versions
Version Filter Type
Citation counts: Google Scholar Search Google Scholar
Created: Fri, 04 Oct 2013, 10:51:42 EST by Carmen Buttery on behalf of T.C. Beirne School of Law