The Federation Press

The Impact of Judicial Review on Tribunals

Law and Policy Paper 27

Overview

The courts’ supervision of tribunals is significant. How well do courts understand tribunals’ place in government? How sensitive are they to the needs of an independent adjudicative arm which parallels the courts’ role but is constituted and functions differently?

The Impact of Judicial Review on Tribunals surveys cases of relevance to tribunals and shows that although on occasions, such as following Wu Shan Liang, the courts have allowed for these differences, in general, the judicial arm has been critical of, and placed demands on, tribunals. Nor have they supported tribunals’ inquisitorial role. The result has prevented the development of a distinctive tribunal mode of operations.

Of interest...