Discusses whether the ruling in R. (on the application of Cart) v Upper Tribunal (SC) represented a missed opportunity to restore the distinction between jurisdictional and non-jurisdictional errors of law in the UK. Reviews the history of jurisdictional error, the reasons why the concept was discarded by the UK, and the basis for its retention by Australia, including whether the distinction serves a constitutional purpose.
|Number of pages||17|
|Journal||Public Law: the Constitutional and Administrative Law of the Commonwealth|
|Publication status||Published - Oct 2017|