Impact of federation on administrative law
⚖️ Impact of Federation on Administrative Law in Australia
I. Introduction: Federation and Administrative Law
Australia’s federation in 1901 created a division of powers between the Commonwealth (federal government) and the States. This division has had a profound impact on:
The structure and jurisdiction of administrative bodies
The scope of judicial review at both federal and state levels
The development of principles governing public administration
The Constitution of Australia (particularly Sections 51, 75, and 76) sets the framework for the federal system, which directly affects administrative law.
II. Key Areas Where Federation Impacts Administrative Law
Division of powers: Separation of federal and state administrative functions
Judicial review jurisdiction: The High Court’s role and federal/state courts’ roles
Commonwealth’s administrative law framework vs. States’ systems
Interaction between Commonwealth legislation (e.g., ADJR Act) and State laws
Doctrine of federal supremacy and its limits
III. Case Law Demonstrating the Impact of Federation on Administrative Law
1. Australian Communist Party v Commonwealth (1951) 83 CLR 1
Facts:
The Commonwealth passed the Communist Party Dissolution Act 1950, banning the Communist Party. The Act gave powers to administrative bodies to dissolve organizations and take related actions.
High Court Decision:
The Court held the Act was unconstitutional as it attempted to go beyond the Commonwealth's legislative powers.
It emphasized that administrative powers exercised under the Act were invalid due to constitutional limits.
Impact on Administrative Law:
Established that federal administrative action must comply with the Constitution and be supported by valid legislation.
Highlighted the constitutional limits on federal administrative power.
2. R v Kirby; Ex parte Boilermakers’ Society of Australia (1956) 94 CLR 254
Facts:
This case dealt with the separation of judicial and non-judicial powers under the Australian Constitution.
High Court Decision:
The Court held that Chapter III courts cannot be vested with non-judicial powers.
This had implications for administrative tribunals that exercise quasi-judicial powers.
Impact on Administrative Law:
Influenced the design of administrative tribunals and their powers.
Led to the development of specialist tribunals (like AAT) that exercise administrative functions outside the judicial system, respecting constitutional separation of powers.
3. Ansett Transport Industries (Operations) Pty Ltd v Commonwealth (1977) 139 CLR 54
Facts:
Ansett challenged decisions by federal administrative bodies regarding airline operations.
High Court Decision:
The Court examined the scope of Commonwealth executive and administrative powers under the Constitution.
Affirmed that Commonwealth administrative decisions are subject to judicial review when exceeding power or acting unlawfully.
Impact on Administrative Law:
Reinforced that Commonwealth administrative decisions are constrained by the Constitution and open to review.
Underlined the role of judicial review as a check on federal administrative power.
4. Plaintiff S157/2002 v Commonwealth (2003) 211 CLR 476
Facts:
Plaintiff challenged the validity of a federal migration decision and a privative clause attempting to exclude judicial review.
High Court Decision:
The Court held that the Commonwealth cannot entirely oust judicial review where the Constitution guarantees it (Section 75(v)).
Privative clauses are subject to constitutional limits.
Impact on Administrative Law:
Emphasized the constitutional protection of judicial review at the federal level.
Limits the Commonwealth Parliament’s ability to restrict access to courts.
5. Plaintiff M70/2011 v Minister for Immigration and Citizenship (2011) 244 CLR 144
Facts:
Challenged the legality of a federal government arrangement to transfer asylum seekers offshore.
High Court Decision:
Held that the arrangement was unlawful because it conflicted with the Migration Act and breached constitutional principles.
Confirmed that federal administrative action must comply with both statute and constitutional principles.
Impact on Administrative Law:
Demonstrated the High Court’s willingness to review executive federal decisions for legality.
Showed the interaction of statutory and constitutional law in administrative actions.
IV. Summary Table: Impact of Federation on Administrative Law
| Case | Issue | Impact on Administrative Law |
|---|---|---|
| Australian Communist Party v Commonwealth (1951) | Constitutional limits on federal power | Invalidity of administrative actions beyond constitutional powers |
| R v Kirby; Ex parte Boilermakers (1956) | Separation of judicial/non-judicial power | Limits on tribunal powers; design of administrative tribunals |
| Ansett Transport Industries v Commonwealth (1977) | Scope of Commonwealth executive power | Federal administrative actions subject to judicial review |
| Plaintiff S157/2002 v Commonwealth (2003) | Validity of privative clauses | Constitutional protection of judicial review at federal level |
| Plaintiff M70/2011 v Minister for Immigration (2011) | Lawfulness of federal executive action | Federal administrative actions must comply with statute and constitution |
V. Conclusion
Federation has shaped Australian administrative law by:
Dividing powers between Commonwealth and States, leading to different administrative systems
Ensuring constitutional limits on federal administrative powers
Defining the separation of powers, influencing tribunal structures
Protecting judicial review as a constitutional guarantee at the federal level
Creating an ongoing balance between executive power and the rule of law
The High Court remains the ultimate arbiter of constitutional questions affecting administrative law, ensuring the federal system operates within legal bounds.
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