Bannister et al discuss the function of judicial review in maintaining accountability in the Introduction to their text. They observe,
While judicial review is sometimes attacked as ‘undemocratic’, there are strong defences of the judiciary’s role in reviewing government action. In recent years high-profile asylum seeker cases decided by the High Court have exemplified fundamentally different views on the role of judicial review in contemporary Australia. What, for some commentators, is ‘court clogging litigation’ for others is a cause for celebration of the ‘rule of law’.*
Identify and critically evaluate the conflicting positions on the role played by judicial review in maintaining accountability.
Sample Solution
