administrative law
The branch of public law governing the exercise of powers and duties by public authorities. It is particularly concerned with the control of public power by judicial review and by non-judicial ...
administrative powers
Discretionary powers of an executive nature that are conferred by legislation on government ministers, public and local authorities, and other bodies and persons for the purpose of giving detailed ...
administrative tribunal
A tribunal such as the administrative appeals tribunal, the Administrative Decisions Tribunal of New South Wales: Administrative Decisions Tribunal Act 1997 (NSW) or the Victorian Civil and ...
byelaw
N.A form of delegated legislation, made principally by local authorities. District and London borough councils have general powers to make byelaws for the good rule and government of their areas, and ...
capacity to contract
Competence to enter into a legally binding agreement. The main categories of persons lacking this capacity in full are minors, the mentally disordered, the drunk, and corporations other than those ...
declaration
(in the law of evidence) An oral or written statement not made on oath. The term is often applied to certain types of out‐of‐court statement that are admissible as an exception to the rule against ...
delegated legislation
Regulations or other forms of subordinate legislation made by a body other than the legislature on the legislature's delegated authority, given under a statute (e.g. regulations made by the Executive ...
domestic tribunal
A body that exercises jurisdiction over the internal affairs of a particular profession or association under powers conferred either by statute (e.g. the disciplinary committee of the Law Society) or ...
error of law on the face of the record
A mistake of law that is made by an inferior court or tribunal in reaching a decision and is apparent from the record of its proceedings. The decision can be quashed by the High Court in judicial ...
government circulars
Documents circulated by government departments on behalf of ministers, setting out policies, principles, and practices for the exercise of ministerial powers delegated to public officials. In some ...
grounds
Reasons or bases that a process relies on for its legal validity. In order to begin a legally sanctioned action, the initiating agent or body must have one or more ...
incorporation
N.1 The formation of an association that has corporate personality, i.e. a legal personality distinct from those of its members. Such a body can own property and incur debts. Company members have no ...
Interpretation of Peace Treaties with Bulgaria, Hungary, and Romania, Advisory Opinions
1950 I.C.J. Rep. 65, 221. By Res. 294 (IV) of 22 October 1949, the General Assembly of the United Nations requested of the I.C.J. an advisory opinion on the questions ...
intra vires
[Latin: within the powers]Describing an act carried out by a body (such as a public authority or a company) that is within the limits of the powers conferred on it by statute or some other ...
irrationality
N.One of the common-law grounds of judicial review of administrative action. It is presumed that public authorities are never empowered to exercise their powers irrationally; therefore irrational ...
judicial review
1 The principal means by which the High Court exercises supervision over public authorities in accordance with the doctrine of * ultra vires. The power of the High Court to exercise judicial review ...
legislative authority
The right to exercise power, granted by a parliament in legislation. Statutes passed by a parliament may delegate authority to act (e.g. executive decision making: see administrative law) or ...
legislative Power
The power of state and federal parliaments to make laws, vested in the parliament by the relevant constitutions. For the Commonwealth Parliament this power is contained in Australian Constitution s ...
legitimate expectation
A principle applied in administrative law. The principle as initially recognized by the courts was confined to legitimate expectation of procedural protection (Schmidt v Secretary of State for Home ...
natural justice
Rules of fair play, originally developed by the courts of equity to control the decisions of inferior courts and then gradually extended (particularly in the 20th century) to apply equally to the ...