ABSTRACT

This chapter indicates that the High Court was upholding the principle of legality, which ensures government cannot take away rights by unlawful or arbitrary government action. It also indicates that there are those who consider that the Australian administrative law framework is the best-established and most sophisticated system of administrative law in any common law jurisdiction. There is a strong administrative review system in Australia to 'partially compensate for the absence of a Bill of Rights. The Australian administrative law system presently meets the performance indicators identified by writers as effective means for implementing rights-protection. The principal right protected by administrative law is the right to complain against government. Common law rights-protecting standards have also been developed by the courts. International law is also a legitimate and important influence on the development of the common law, especially when international law declares the existence of universal human rights.