The Search for a single standard for the Kable principle

Ayowande A. McCunn

Research output: Contribution to journalArticle

Abstract

This article answers two questions. First, on what standards does Ch III invalidate State legislation? Secondly, on what standard should Ch III invalidate State legislation? It therefore considers and comments on the development of the Kable principle. It outlines Kable jurisprudence to date and discusses the different formulations of the Kable principle in two recent High Court cases that have applied the Kable principle to invalidate State legislation. It reveals that two prominent formulations of the Kable principle are based on the standards of institutional integrity and the judicial process and argues that repugnance to the judicial process should be the formulation of the Kable principle that is applied when determining the validity of State legislation.
Original languageEnglish
Pages (from-to)93-111
Number of pages19
JournalAustralian journal of administrative law
Volume19
Issue number2
Publication statusPublished - 2012

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