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Are decisions made by universities directly affecting students justiciable - Essay Example

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Are decisions made by universities directly affecting students justiciable

The key piece of legislation in NSW in respect to the Judicial Review of University academic decisions is the ADT, it is through this act it allows for unfair publicly decided decisions to be reviewed on the grounds of fairness and legitimacy. In fact this act is based on the commonwealth's, especially the English Legal System's, common law approach. It is not based on the merits of the case rather whether there has been a procedurally fair decision. Therefore if one wants to refer to case law it is best to refer to the binding precedents of case law from the Commonwealth. This will be discussed in the next section. There is one factor that this discussion needs to point out, which is under English Law Higher Education Institutions are legislated so that they are considered public institutions; however in Australia this is not the case so there is the problem of private v's public institutions which will be discussed in further in reference to national law. ...
Ultimately, integrity in research requires leadership. If, in the wake of the Hall affair, our universities cannot ensure an enlightened and responsible ethos in their research enterprises they risk a loss of public confidence (Hall v UNSW [2003] NSWSC 669.

These rules are a crux to limitations faced by private higher education institutions under Australian National Law, which will be discussed in the following section.
Commonwealth System:
Dicey's jurisprudential thought is central to the present system of constitutional and administrative law; it deals with the decision making process and the powers of parliament; the government; executive bodies; and the courts. The main theoretical concept that Dicey's theory hinges upon is that parliament is supreme; there is no authority within the British territories or extra-territorially that has more power than parliament. The courts cannot overturn statutes or parliamentary decisions as this would erode parliamentary sovereignty. However not all decisions made in the name of parliament may be legal, because the individual has not acted in accordance with the spirit of parliamentary decision of the statute enacted by parliament. Also executive decisions are delegated through the hierarchy to bureaucratic departments and agencies; as well as human error or bias resulting in unlawful decisions1. To counter this Dicey incorporated the concept of checks and balances into the legal and parliamentary system; whereby the judiciary can hear a case, concerning the decision of an executive body, which may be illegal or a breach of natural law; whereby judicial review is an essential demonstration of Dicey's rule of law which is creating a system ...Show more

Summary

The area of law that rules university decisions is judicial review, because if the university has made an unfair decision which is upheld through an in-house appeals process then the student must apply for judicial review. Judicial Review is a part of the traditional English Legal System, therefore the laws governing the commonwealth system…
Author : zechariah13
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