Abstract
The preoccupation of this essay is with the difficulties that have confronted judges throughout the Commonwealth in sustaining a purely results-based account of their role in reviewing public authority compatibility with human rights. Ultimately, in each of the jurisdictions to have adopted the so-called Commonwealth model of human rights protection, process-based considerations have insinuated themselves into the judicial supervision of administrative decision-making – albeit in strikingly different ways. This essay examines relevant developments in four jurisdictions – the United Kingdom, the State of Victoria, Canada and New Zealand.
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