Law in Australia Society

Running Head : IMPLICATIONS OF PLAINTIFF S157 /2002 v THE COMMONWEALTH

Implications of Plaintiff S157 /2002 v Commonwealth of Australia

Issues on Power of Judicial Review , Statutory Construction

and Rule of Law in General

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Abstract

The examines and analyses the implications of the decision of the High Court in Plaintiff S157 /2002 v The Commonwealth of Australia (2003 195 ALR 24 on fundamental issues , such as the power of the courts to review actions of the executive branch of the

government , principles observed in statutory construction vis-a-vis legislative intents and provisions of the Constitutions , and the rule of law , in general . In question is the valid interpretation of the provisions of the Migration Act 1957 relative to the application of the plaintiff for a protection visa that was denied by the Refugee review Tribunal . Commencing with a brief review of the antecedent facts of the case , the proceeds to examine closely the reasoning made by the Court , the arguments considered and the final decision on the matters at bar . The is designed to answer the following issues

Effects of the privative clause under s 474 of the Migration Act 1957 on the relationship between the executive and judicial arms of the government

Importance of the rule of law in the reasoning process of the Court 's decision

Role played by precedent in the decision of the Court

Approaches and techniques taken by the Court in interpreting s...