Thursday, September 12, 2019
Basis for Administrative Law ( Look At Assignment Criteria ) Essay
Basis for Administrative Law ( Look At Assignment Criteria ) - Essay Example The executive is authorized to assess the merits of certain cases following the legislatures laid down criteria. On the hand the legislature declares and enforces the legal boundaries of the powers of the legislature. The administrative law system thus ensures that both the people and the government are bound by law (Commonwealth of Australia, 2011). There are various courts and tribunals in Australia that support administrative law. The courts range from the high court that conducts judicial review as provided for under section 75(v) of the constitution. Others include the federal court systems such as Federal Court of Australia and the Federal Magistrates court of Australia (Commonwealth of Australia, 2011). There are a variety of tribunals that support administrative law and these include the Administrative Appeals Tribunal (AAT) that reviews a range of administrative decisions made by ministers, officials, authorities and other tribunals such as the Australian Appeals Tribunal, copyright tribunal of Australia, council of Australian tribunals and the Defence Force Appeal Tribunal among others (Australian Government, 2011). The principal function of courts as laid down in the constitution is to resolve disputes about any matter that concerns legal rights and obligations. They help resolve conflicts that may arise between persons and in the government (Gifford, 1997). Tribunals on the other hand are bodies that are established under the Australian constitution to review the merits of administrative decisions. This is because most of the time government decisions affect private interests and those decisions at times are not lawful but are correct according to the interpretation of the executive. Therefore any person or body affected by such decisions submits there issues to the relevant tribunal (AM, 2006). The only similarity is that the two are used for solving disputes but at different
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