Administrative Law (Australia) Research Paper Example | Topics and Well Written Essays - 1750 words

Administrative Law (Australia) - Research Paper Example According to Mark Tunshets,( Jones, Ian. The anisminic revolution in Australian administrative law: an analysis of extended jurisdictional error. Turramurra, N.S.W.: Local Legal, 1998. Print.)Judicial review in Australia has a lot of authority since it is only the high court that can interpret the constitution. Judicial review in Australia is complicated by clause 5 of the constitution. This clause provides that all the amendments done by the commonwealth parliament are binding to Australia. This is because the courts mandated to interpret the law must decide if the law is binding to Australia (Canberra, 2005). The chief justice Marshall asserted that judicial review is incredibly paramount in the Australian legal system(Fordham, Michael. Judicial review handbook. 5th ed. Oxford: Portland, OR :, 2008. Print.). In 1951, justice Fellugar proposed that the principle of Madison v. Marbury is adopted as axiomatic(Johnston, Richard E.. The effect of judicial review on federal-state relatio ns in Australia, Canada, and the United States. Baton Rouge: Louisiana State University Press, 1969. Print.). This is because the many criticisms of the principle were accepted and justified. Despite an express implication in the constitution of Australia, judges and scholars have proposed that judicial review is paramount and has immense effects on the legal system. Judicial review is mostly done by the high courts since it is at the top of the legal structure. Though the other courts can deal with some constitutional issues, they are under the supervision by the high court. The essential jurisdiction which is conferred to High Court in section 75 is to issue prerogative and constitutional writs. This has been expanded in section  75(iii) whereby a person suing on behalf of the Commonwealth, is bonafied party.   Section 33 in the judiciary Act 1901 extends the authority of High Court to question public law (Le?tourneau 1976). A chief factor that has affected the levels of court review in High Court is the alternative remedies available which are not subject to the same limitations.   Declarations and injunctions are the key illustrations.   For instance, the declaration made by the high court that the commission on Queensland Justice did not observe fair procedures where mandamus was not appropriate and that certiorari did not mislead. Judicial decision reviews in Australia and other nations has seen the development of the legal systems. This is characterized by fair judgments, timely judgments, and equitable treatment of individuals by the judicature (Leon 1951). Though the other courts can deal with some constitutional issues, they are bound by the high court. The essential jurisdiction which is conferred in the High Court in section 75 is to issue prerogative and constitutional writs. The judicial reviews should be done with a lot of integrity because it might lead to a constitutional crisis as well as violence. No party should be biased or favored by a judicial review. The parties involved should be treated equally (Kanigsberg 1952). A) Compare the breadth and flexibility of ADJR â€Å"order of review â€Å"remedy with prerogative writs plus injunction and declaration. The judicial review remedies can be classified into three categories. These are prerogative writs, equitable remedies of injunction and declaration, and the statutory remedies. Though the other courts can deal with some constitutional issues, they are under supervision by the high court. The essential jurisdiction of the High Court in section75 (v) is to issue prero

Hazardous Noise Case Study Essay Example | Topics and Well Written Essays - 500 words

Hazardous Noise Case Study - Essay Example The exposure period for the employees is 8 hours per day. The frequency of exposure and duration of exposure to the hazard is high. The TWA for noise for the employees was found to be between 88 Db(A) to 97 Db(A) which are above the recommended levels an indication of the severity of its consequences. 1. Elimination- This includes looking for ways of eliminating the hazard in order to reduce any risk occurrence. Elimination reduces risks exposures to acceptable levels. The original risk highly critical and frequent. 2. Warnings- This will involve the use of alerting and warning techniques and hazard warning labels. These control measures are lower order controls that reduce risk exposures to acceptable levels (Manuele, 2011). The original risk highly catastrophic and frequent. 3. Administrative controls- This will include the application of safeguards and installation of ventilation systems. Other administrative controls include training of the employees as well as safe working procedures. The original risk highly catastrophic and probable. 4. Personal protective equipment- It involves the incorporation of safety devices for use by the employees. This reduces risk exposures to the employees. The original risk highly catastrophic and probable. 5. Engineering controls- Engineering controls will include the use of safeguarding technology to safeguard the employees from any hazard (Manuele, 2011). The original risk highly catastrophic and occasional. 6. Substitution of less hazardous processes, materials, equipment or operation- Substituting hazardous processes or methods with less hazardous one is a control measure. This leads to a substitution of a risky and hazardous process with a less risky and hazardous one. Substitution leads to the attainment of a tolerable level of risk. The original risk highly catastrophic and frequent. The shop seems to be at a high risk exposure and