NDLI: 'Jurisdictional' Facts and 'Hot' Facts: Legal Formalism, Legal Pluralism, and the Nature of Australian Administrative Law

Content Provider	Semantic Scholar
Author	Fisher, Elizabeth
Copyright Year	2015
Abstract	This article is a study of the interrelationship between two intellectual impulses in Australian administrative law — legal formalism and legal pluralism. It concerns the operation of jurisdictional fact review in planning and environmental cases, focusing on the line of case law that led to the High Court decision in Corporation of the City of Enfield v Development Assessment Commission (2000). The analysis shows that these two intellectual impulses are closely entwined in doctrine, but each operates on a different basis of what a ‘fact’ is. Facts from a legal formalist perspective are understood as objective and hard-edged while from a legal pluralist perspective they are more likely to be conceptualised as contested and uncertain.
Starting Page	968
Ending Page	968
Page Count	1
File Format	PDF HTM / HTML
Volume Number	38
Alternate Webpage(s)	http://law.unimelb.edu.au/__data/assets/pdf_file/0007/1587013/383Fisher2.pdf
Language	English
Access Restriction	Open
Content Type	Text
Resource Type	Article

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