Ann: PEP11 Update, page-55

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15. Judicial Review
Contents
Summary 413
A common law principle 414
Judicial review in Australia 416
Protections from statutory encroachment 417
Australian Constitution 417
Principle of legality 420
International law 422
Bills of rights 422
Justifications for limits on judicial review 422
Laws that restrict access to the courts 423
Migration Act 1958 (Cth) 423
General corporate regulation 426
Taxation 427
Other issues 427
Conclusion 428
Summary
15.1 Access to the courts to challenge administrative action is an important common
law right. Judicial review of administrative action is about setting the boundaries of
government power.1
It is about ensuring government officials obey the law and act
within their prescribed powers.2