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8 - The Judiciary and Emergency Powers

Published online by Cambridge University Press:  26 October 2018

H. P. Lee
Affiliation:
Monash University, Victoria
Michael W. R. Adams
Affiliation:
Columbia Law School
Colin Campbell
Affiliation:
Monash University, Victoria
Patrick Emerton
Affiliation:
Monash University, Victoria
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Summary

This chapter examines the extent to which there is, or may be, accountability with regard to the exercise of such powers as a result of the administrative mechanism of judicial review. It examines the way in which judges, in exercising restraint, may hinder the bringing of successful review applications with regard to exercises of emergency powers. It also focuses on express attempts by the legislature to limit the availability of judicial review, in the form of privative clauses, and the possible impact of those attempts on the review of emergency powers. Doctrines relating to ‘justiciability’, ‘act of state, ‘deference’, and procedural fairness are highlighted.
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Publisher: Cambridge University Press
Print publication year: 2018

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