Reconsidering R. (on the application of Cart) v Upper Tribunal and the Rationale for Jurisdictional Error

Janina Boughey, Lisa Burton Crawford

Research output: Contribution to journalArticleResearchpeer-review

Abstract

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.
Original languageEnglish
Pages (from-to)592-608
Number of pages17
JournalPublic Law: the Constitutional and Administrative Law of the Commonwealth
Volume2017
Publication statusPublished - Oct 2017

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