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The Australian National University

The Scope of Section 75(v) of the Constitution: Why Injunction but No Certiorari?

The Hon William Gummow AC (2014) 42 (2)

The course of judicial decisions given pre-federation in the United States and England where the remedy of certiorari or of injunction was granted or refused against public officers assists an understanding of the apparent oddity in the omission of certiorari and the inclusion of injunction in the remedies specified in s 75(v) of the Constitution. Further, the significance of the inclusion of the injunction has yet to be fully examined in the case law dealing with s 75(v).

Vol 42, Issue 2, 2014

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