[DOWNLOAD] "Removing the Government's Immunity from Suit in Federal Cases (Private Law Actions Against the Government, Part 1) (Australia)" by Melbourne University Law Review # eBook PDF Kindle ePub Free
eBook details
- Title: Removing the Government's Immunity from Suit in Federal Cases (Private Law Actions Against the Government, Part 1) (Australia)
- Author : Melbourne University Law Review
- Release Date : January 01, 2006
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 362 KB
Description
[A citizen cannot sue the government without a 'right to proceed', that is, a law removing the government's immunity from suit. Current High Court doctrine holds that, in cases in federal jurisdiction, a right to proceed derives by implication from the grant of jurisdiction. This article subjects that doctrine to critical analysis. The current doctrine does not appear to give any role to s 78 of the Australian Constitution, which grants power to the Commonwealth Parliament to confer rights to proceed in federal cases. It is suggested that, at most, it could be argued that Australian governments do not retain any immunity from suit in constitutional cases and (possibly) in cases coming within the High Court's constitutionally guaranteed jurisdiction under s 75 of the Australian Constitution. This suggested approach leaves room for the operation of s 78 of the Australian Constitution and also for provisions such as ss 56 and 58 of the Judiciary Act 1903 (Cth).] I INTRODUCTION