The Judiciary Act 1903 (Cth) and judicial review
Judiciary Act 1903 (Cth) and Judicial Review:
1. Role of the Judiciary Act 1903 (Cth)
The Judiciary Act 1903 (Cth) is a key statute that establishes the framework for the federal judiciary in Australia.
It sets out the jurisdiction of the High Court and Federal Courts, including original and appellate jurisdiction.
Section 75(v) is particularly important as it grants the High Court original jurisdiction over “matters in which a writ of mandamus or prohibition or an injunction is sought against an officer of the Commonwealth.”
This provision is foundational for judicial review of administrative action—allowing courts to supervise the legality of decisions made by government officials and agencies.
2. Judicial Review in Australia
Judicial review is the process by which courts examine the lawfulness of decisions or actions taken by administrative bodies or government officials.
It protects individuals against ultra vires (beyond power), procedural unfairness, error of law, irrationality, and abuse of discretion.
The Judiciary Act, through Section 75(v), empowers the High Court to issue remedies such as mandamus (ordering performance of duty), prohibition (stopping unlawful action), and injunctions.
This makes the Judiciary Act central to enforcing the rule of law and administrative accountability.
Four Key Case Laws on Judiciary Act 1903 (Cth) and Judicial Review
1. R v. Hickman; Ex parte Fox and Clinton (1945) 70 CLR 598
Facts: The case concerned whether a Commonwealth official had acted beyond his statutory powers.
Principle: The High Court affirmed that Section 75(v) confers power on the High Court to review administrative decisions for jurisdictional error.
Impact: Established that judicial review is available where an officer acts outside the scope of their authority, reinforcing the limits of administrative power.
2. Australian Broadcasting Tribunal v. Bond (1990) 170 CLR 321
Facts: Concerned a decision by the Australian Broadcasting Tribunal regarding a license cancellation.
Principle: The Court emphasized that administrative decisions must comply with procedural fairness and be made within statutory authority.
Impact: Reinforced the role of the Judiciary Act in supporting review of administrative decisions for both lawfulness and fairness.
3. Plaintiff S157/2002 v. Commonwealth (2003) 211 CLR 476
Facts: The case challenged a privative clause attempting to limit judicial review of migration decisions.
Principle: The High Court held that Section 75(v) creates a constitutional guarantee of judicial review that cannot be excluded or limited by Parliament.
Impact: Strongly affirmed the supremacy of judicial review under the Judiciary Act and the Constitution, protecting citizens from unlawful administrative action.
4. Minister for Immigration and Citizenship v. Li (2013) 249 CLR 332
Facts: Concerned the review of a decision to refuse a visa on character grounds.
Principle: The Court confirmed that decisions must be lawful and rational, and that courts have jurisdiction under Section 75(v) to review these.
Impact: Reinforced the Judiciary Act’s role in enabling courts to scrutinize administrative decisions rigorously for legality and reasonableness.
5. Kirk v. Industrial Relations Commission of New South Wales (2010) 239 CLR 531 (Bonus)
Facts: The case examined whether a state tribunal’s decision was beyond its jurisdiction.
Principle: The High Court held that the constitutional guarantee of judicial review under Section 75(v) extends to state courts and tribunals.
Impact: Expanded the principles of judicial review grounded in the Judiciary Act to protect individuals from jurisdictional errors at state levels as well.
Summary
The Judiciary Act 1903 (Cth) is fundamental in empowering the High Court to conduct judicial review through Section 75(v).
Judicial review ensures administrative bodies act within legal bounds, fairly, and reasonably.
The case laws demonstrate how the High Court protects citizens from unlawful or unfair administrative actions.
The Judiciary Act underpins the rule of law by enabling courts to supervise executive power.
RELATED Blog
0 comments