Towards a Normative Standard of Administrative Justice: Themes and Principled Tensions

Title: Towards a Normative Standard of Administrative Justice: Themes and Principled Tensions
Creator: Elton, Amy
Relation: The Australian Law Journal Vol. 95, Issue 12, p. 964-978
Relation: https://sites.thomsonreuters.com.au/journals/2021/12/22/australian-law-journal-update-vol-95-pt-12
Publisher: Lawbook Co.
Resource Type: journal article
Date: 2021
Description: This article proposes a novel theory of administrative justice suitable for creating institution-specific normative standards in Australia. This article examines the content of administrative justice in Australia and identifies previously recognised administrative justice properties. In so doing, this article gives close consideration to the relationship between these properties. It is at this point that a new theory of administrative justice is proposed from foundational rule of law principles. This theory is unique in that it arranges administrative justice properties into four themes which embrace the principled tensions that are ever-present when considering normative standards of administrative justice. The generalised theory of administrative justice presented here is suited to Australian administrative practice and is tailorable to different administrative settings.
Subject: normative standards; administrative justice; rule of law; Australia
Identifier: http://hdl.handle.net/1959.13/1493820
Identifier: uon:53651
Identifier: ISSN:0004-9611
Language: eng
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