Marbury v Madison: Constitutional limitations and statutory discretions

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    In Australia, it is a well-accepted consequence of Marbury v Madison that the judiciary enforces constitutional limitations on public power. The question of how those limitations are enforced against discretionary administrative decision-making has created difficulties. Judicial review of the validity of statutory discretions can be a blunt mechanism for enforcement. The establishment and entrenchment of effective mechanisms for judicial review of administrative decision-making has provided the judiciary with another mechanism for enforcing constitutional limitations against the exercise of discretion. The subject of this article is how the enforcement of limitations has been accommodated across these two forms of judicial review in the context of administrative decision-making under statutory discretion.
    Original languageEnglish
    Pages (from-to)324-349pp
    JournalAustralian Bar Review
    Issue number42
    Publication statusPublished - 2016


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