An Australian rule of law

Spencer, Tom (2014) An Australian rule of law. Australian Journal of Administrative Law, 21 2: 98-123.

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Name Description MIMEType Size Downloads
Author Spencer, Tom
Title An Australian rule of law
Journal name Australian Journal of Administrative Law   Check publisher's open access policy
ISSN 1320-7105
Publication date 2014
Sub-type Article (original research)
Open Access Status
Volume 21
Issue 2
Start page 98
End page 123
Total pages 26
Place of publication Rozelle, NSW, Australia
Publisher Lawbook
Collection year 2014
Language eng
Formatted abstract
This article argues that s 75(v) jurisdictional error surpasses the sovereignty of Parliament, as the Australian form of the rule of law. It offers a definition of jurisdictional error, considered here at length, and also propounds definitions of the Crown, Crown immunity, and judicial power. It also explains how Australian sovereignty is based on the rule of law as founded by the Crown, which originally symbolised the sovereignty of Parliament. The sovereignty of Parliament is characterised as a form of jurisdictional error, albeit a decrepit one by the time of the dismissal of the Whitlam Government in 1975. Subsequently the High Court's s 75(v) jurisprudence over the last decade is shown to now be the predominant form of the rule of law.
Q-Index Code C1
Q-Index Status Confirmed Code
Institutional Status UQ

Document type: Journal Article
Sub-type: Article (original research)
Collections: Official 2015 Collection
TC Beirne School of Law Publications
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Created: Thu, 10 Apr 2014, 11:04:51 EST by Carmen Buttery on behalf of T.C. Beirne School of Law