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Are decisions made by universities directly affecting students justiciable
Pages 7 (1757 words)
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.
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. ...
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