This article examines the state of the law of procedural fairness and procedural error, demonstrating that inadequacy of process is now central to findings that decisions of the Executive are so lacking in quality as to manifest an error of law. The article argues that fairness of outcome and legitimacy of review need not be defined only in relation to the faultlessness of process.
Date of this Version
Greg Weeks, "The Expanding Role of Process in Judicial Review" (December 2010). University of New South Wales Faculty of Law Research Series 2010. Working Paper 67.