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Dictators, Discretion and Systems of Public Law: Bell Group NV (in liq) v Western Australia

Citation

Clark, M, Dictators, Discretion and Systems of Public Law: Bell Group NV (in liq) v Western Australia, Opinions on High, Melbourne Law School, Australia (2016) [Magazine Article]

Official URL: https://blogs.unimelb.edu.au/opinionsonhigh/2016/0...

Abstract

The day after the High Court handed down Bell Group I heard the eminent British historian Gareth Stedman-Jones speak on the meaning of ‘dictatorship’. What followed was a great rendition (which I’ll recollect poorly shortly) of a well-told story in the history of political thought — the origins and development of the office of ‘dictator’ in Rome and beyond. In this post, I attempt to make the otherwise fairly routine decision in Bell Group a little more interesting by framing it around the content of Stedman-Jones’s paper. This might seem a bit esoteric: what could the two have to do with each other? But I think that bringing Bell Group and the idea of ‘dictator’ together suggest one way in which the case is interesting: as a modern Australian episode in the long global history of the relation between discretion and systems of law. That relation is of fundamental importance to public law in general, and reflects some foundational aspects of the Australian constitutional system that were at play in Bell Group.

Item Details

Item Type:Magazine Article
Keywords:Bell Group Case, administrative discretion, dictators
Research Division:Law and Legal Studies
Research Group:Public law
Research Field:Constitutional law
Objective Division:Expanding Knowledge
Objective Group:Expanding knowledge
Objective Field:Expanding knowledge in law and legal studies
UTAS Author:Clark, M (Mr Martin Clark)
ID Code:140577
Year Published:2016
Deposited By:Law
Deposited On:2020-08-27
Last Modified:2020-12-21
Downloads:0

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