Journal article

Non-Compellable Powers: A Relational Analysis

Kristen Rundle

PUBLIC LAW REVIEW | Thomson Reuters | Published : 2019

Abstract

This article proposes a new prism through which to examine the statutory, doctrinal, conceptual and operational architecture associated with “noncompellable” powers in Australian administrative law. By exploring how the design and operation of non-compellable powers construct and sustain relationships between those in whom such powers are reposed and those who are ultimately subject to them, the article aims to contribute to an emerging body of scholarship concerned to tease out the character and implications of this unorthodox form of administrative discretion. Though the focus of the analysis is on the specific example of non-compellable powers and the wider questions of doctrine that have..

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University of Melbourne Researchers