September 27

Can a court review a decision taken by the G-G ?



The suggestion has been made by a law academician writing in The Australian that a decision taken by a viceroy acting in his or her discretion could be reviewed by a court.

To understand the enormity of this, imagine  Mr. Whitlam obtaining an injuction to restrain the holding of the election in 1975 while the case was argued. Then imagine the Court deciding the election should not proceed and Mr. Whitlam be re-instated.

Mr. Keating had a more brutal solution. His was to arrest the Governor-General. Very much a banana republic.

The view hitherto has been that these are not capable of review by a court, they are non-justiciable,

Professor Anne Twomey answered this and other questions posed by Professor David Flint in a Conversazione held at Parliament House Sydney on 16 September, 2010.


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