RUDN Journal of Law (Dec 2015)
Review of administrative decisions in Australia
Abstract
The article describes the positive achievements of administrative justice in the Australian Union in the context of the Russian Code of Administrative Procedure. Different approaches to the definition of «administrative justice» are considered. The principles of administrative justice in Australia: responsiveness; provision of free legal aid; the right of individuals to require judicial review of government decisions that adversely affect them; application of the rules of natural justice are analyzed. Two concepts of protecting the rights of individuals in their relations with the public administration, namely judicial review of administrative decisions implemented by the courts (judicial review) and review of administrative decisions on the merits to the Administrative Tribunal (merits review) are analyzed. Particular review of administrative decisions in the federal courts, as well as an administrative tribunal is determined. It is concluded that the Australian model of administrative justice makes possible the existence of review on the merits to the Administrative Tribunal for the correctness, inappropriate or of an error in law, and the judicial review of administrative decisions on the subject of law, which protects the rights of citizens against unlawful acts of public administration. The author notes that Australian established system review on the merits of administrative decisions has allowed not only to relieve the judicial authorities from a large array of cases, but also to provide an opportunity to challenge administrative decisions of the general population of Australia.
