Abstract
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.
Disciplines
Administrative Law
Date of this Version
December 2010
Recommended Citation
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.
http://law.bepress.com/unswwps-flrps10/art67
Comments
This paper was published in the Australian Journal of Administrative Law, Vol. 15, No. 2, p. 100, 2008. This paper may also be referenced as [2010] UNSWLRS 67.