Administrative Justice - towards Integrity in Government

By Creyke, Robin | Melbourne University Law Review, December 2007 | Go to article overview

Administrative Justice - towards Integrity in Government


Creyke, Robin, Melbourne University Law Review


[The concept of administrative justice--justice within the administrative law system is a relatively new one and has received less sustained attention in Australia than elsewhere. This article notes the history of the concept in Australia, how it is used, and examines which bodies should be subject to administrative justice. The most vexed issue, however, is how to assess whether administrative justice has been achieved. By what standard is administrative justice to be measured? The author has chosen a methodology based on that adopted by Australian researchers who mapped national integrity systems. Since administrative law bodies were among the government agencies selected for that research, the hypothesis is that a methodology which applies to the whole can apply equally to the parts. That methodology, was used to map the strengths and weaknesses of the administrative law system, and how coherently the system operates. The results showed that the coherence of parts of the system is questionable and that there are weaknesses in the system, but at the margins, not its core. Overall, the system was providing the outcomes for which it was established. The upshot is that although the definition of administrative justice remains elusive, a start has been made. The tools to undertake the task have been identified and it is now for administrative law institutions' and others in the administrative law community to build on these steps so that this concept--integral to the administrative law system can be better understood.]

CONTENTS

I   Introduction
II  The Modern System of Australian Administrative Law
III The Concept of 'Administrative Justice' in Australia
       A 'Administrative Justice' in the Literature
            1  Early Writings--The Kerr Committee Report
            2  Later Developments
       B  Administrative Law Institutions in Which Administrative
          Justice
          Applies
             1  Early Writings
             2  Later Articles, Chapters and Reports
             3  Textbook Writers
             4  Courts
       C  Measuring Administrative Justice
       D  A Culture of Administrative Justice
IV  Administrative Justice: Key Component of Integrity in Government
       A  The NISA Study
       B  NISA Methodology
             1  Identification of Administrative Justice Institutions
             2  Analysis of the Strengths and Weaknesses of the
                Institutions
       C  Coherence of System
V   Conclusion

I INTRODUCTION

The concept of 'administrative justice' is a relatively new one. Although the early practitioners in Australia's administrative law system used the expression, it went into abeyance in the late 1980s and did not re-emerge until the turn of this century. With its re-emergence, however, it is timely to explore its meaning. Despite its relative novelty in the lexicon, the importance of the concept has been widely appreciated. As Sir Anthony Mason put it, '[a]dministrative justice is now as important to the citizen as traditional justice at the hands of the orthodox court system'. (1) However, there appears to be no agreement in Australian discourse as to its meaning. The observation by Sir Anthony underlines another justification for exploring the concept. A heightened consciousness of human rights in Australia has fuelled an interest in identifying the extent to which individual elements of administrative law might be developing into some form of human right. (2) At the same time, there is recognition of a competing goal, namely, 'to maximise the common good' as expressed through statutory schemes affecting citizens. (3) The conflict between these views deserves an airing.

For the purposes of this article, it is accepted that the place of administrative justice is within that branch of the law known as administrative law. That is because it is through administrative law institutions and principles that administrative justice is provided. …

The rest of this article is only available to active members of Questia

Sign up now for a free, 1-day trial and receive full access to:

  • Questia's entire collection
  • Automatic bibliography creation
  • More helpful research tools like notes, citations, and highlights
  • Ad-free environment

Already a member? Log in now.

Notes for this article

Add a new note
If you are trying to select text to create highlights or citations, remember that you must now click or tap on the first word, and then click or tap on the last word.
One moment ...
Default project is now your active project.
Project items

Items saved from this article

This article has been saved
Highlights (0)
Some of your highlights are legacy items.

Highlights saved before July 30, 2012 will not be displayed on their respective source pages.

You can easily re-create the highlights by opening the book page or article, selecting the text, and clicking “Highlight.”

Citations (0)
Some of your citations are legacy items.

Any citation created before July 30, 2012 will labeled as a “Cited page.” New citations will be saved as cited passages, pages or articles.

We also added the ability to view new citations from your projects or the book or article where you created them.

Notes (0)
Bookmarks (0)

You have no saved items from this article

Project items include:
  • Saved book/article
  • Highlights
  • Quotes/citations
  • Notes
  • Bookmarks
Notes
Cite this article

Cited article

Style
Citations are available only to our active members.
Sign up now to cite pages or passages in MLA, APA and Chicago citation styles.

(Einhorn, 1992, p. 25)

(Einhorn 25)

1

1. Lois J. Einhorn, Abraham Lincoln, the Orator: Penetrating the Lincoln Legend (Westport, CT: Greenwood Press, 1992), 25, http://www.questia.com/read/27419298.

Cited article

Administrative Justice - towards Integrity in Government
Settings

Settings

Typeface
Text size Smaller Larger Reset View mode
Search within

Search within this article

Look up

Look up a word

  • Dictionary
  • Thesaurus
Please submit a word or phrase above.
Print this page

Print this page

Why can't I print more than one page at a time?

Full screen

matching results for page

Cited passage

Style
Citations are available only to our active members.
Sign up now to cite pages or passages in MLA, APA and Chicago citation styles.

"Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences." (Einhorn, 1992, p. 25).

"Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences." (Einhorn 25)

"Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences."1

1. Lois J. Einhorn, Abraham Lincoln, the Orator: Penetrating the Lincoln Legend (Westport, CT: Greenwood Press, 1992), 25, http://www.questia.com/read/27419298.

Cited passage

Welcome to the new Questia Reader

The Questia Reader has been updated to provide you with an even better online reading experience.  It is now 100% Responsive, which means you can read our books and articles on any sized device you wish.  All of your favorite tools like notes, highlights, and citations are still here, but the way you select text has been updated to be easier to use, especially on touchscreen devices.  Here's how:

1. Click or tap the first word you want to select.
2. Click or tap the last word you want to select.

OK, got it!

Thanks for trying Questia!

Please continue trying out our research tools, but please note, full functionality is available only to our active members.

Your work will be lost once you leave this Web page.

For full access in an ad-free environment, sign up now for a FREE, 1-day trial.

Already a member? Log in now.