JUDICIAL REVIEW OF NON-STATUTORY EXECUTIVE ACTION: AUSTRALIA AND THE UNITED KINGDOM REUNITED?

Unlike that of the United Kingdom, the Australian law on judicial review of exercises of non-statutory executive power is undeveloped. This article proposes a constitutional basis for judicial review of such power in Australia. It then argues that, despite their constitutional differences, there remain principles of common law constitutionalism that are applicable in both the United Kingdom and Australia that can provide guidance to Australian courts and lawyers as to the content of limitations on non-statutory executive action.