Alan Robertson SC

Dr Amanda Sapienza’s Judicial Review of Non-Statutory Executive Action is an important work because it has as its centre of attention non-statutory executive action, rather than dealing with it, however well, in a more general context of public law. In this second category I would include, for …

Cheryl Saunders

Publication of a serious work on judicial review of non-statutory executive power in Australia is long overdue and Amanda Sapienza’s book is very welcome for this reason. I have watched her ideas on these complex issues develop since her presentation to the Cambridge Public Law Conference in 2016. …

Jackson Wherrett

On one level, Dr Amanda Sapienza’s Judicial Review of Non-Statutory Executive Action is a novel examination of an under-explored area of administrative law. At the same time, it joins a very long line of scholarship that considers the principle of the separation of powers. More particularly, it draws on the …

Amanda Sapienza

Between the pandemic and my post-PhD career choices, an in-person launch of Judicial Review of Non-Statutory Executive Action, which was published by the Federation Press at the end of 2020, was out of the question. So I’m indebted to the editors of AUSPUBLAW for hosting this online …

Brenda Tronson

In this post I provide an overview, from a barrister’s perspective, of the approach I am likely to take when asked for advice regarding a potential judicial review application in relation to a Commonwealth administrative decision. While the Administrative Decisions (Judicial Review) Act 1977 (Cth) (ADJR Act) …

Anton Moiseienko

In 2020, the Australian Parliament’s Joint Standing Committee on Foreign Affairs, Defence and Trade (JSCFADT) held an inquiry into the potential introduction of corruption and human rights sanctions, also referred to as ‘Magnitsky’ sanctions. The inquiry culminated in a report calling on the government to ‘enact stand alone …

Elisa Arcioni & Rayner Thwaits

The Chetcuti decision of 12 August 2021 is the High Court’s latest attempt to delineate a concept of constitutional membership. Here membership is understood as ‘non-alienage’; in practical terms, immunity to deportation. The question was whether Mr Chetcuti, a British subject who arrived in Australia before the advent of …

Kieran Pender

In the preface to a collection of criminal cases published in 1730, barrister and writer Sollom Emlyn sung the praises of the British legal system. ‘In other countries the Courts of Justice are held in secret; with us publicly and in open view,’ the Irishman …