accountability of the executive through judicial review

judicial review of the executive

when courts use judicial power to ascertain the legality/cxality of govt policies or ministerial-administrative decisions

determine whether the decision was within the power of the decision maker

check of power on the public + political executive

judicial review for the administrative executive

aspect of administrative law that enables a person who is aggrieved by an administrative decision to seek review of lawfulness by court

relevant cxal sections

s71 → creates SoP

s72 → protects courts from interference by the executive

both enable courts to enforce RoL on the executive

judicial remedies against administrative wrongs

writs of mandamus

• court order requiring that a govt offiical carry out a specific action obliged by law

• when administrative action wasn’t in accordance with the law

• issued after a court interprets statute + declares its meaning

• forces govt to obey the law → demonstrates RoL

• enabled by s75 (v)

prohibitions/injunctions

• writs that prevent govt actions

• authorised by s75 (v)

MZAPC v Minister for Immigration, Citizenship + Migrant Affairs (2021)

applicant applied for protection visa which was refused by the AAT

sought review under s75 (v) citing jurisdictional error from the AAT

HC agreed there was a jurisdictional error as the applicant was denied procedural fairness

HC quashed AAT decision + issued mandamus to redetermine visa application according to the law