Dr Janina Boughey

B Ec (soc sci) (Hons I)/LLB (Hons I) (USYD)

LLM (government and commercial law) (ANU)

PhD (Monash)

Janina is a Senior Lecturer in the UNSW Faculty of Law, and a member of the Gilbert + Tobin Centre of Public Law. Janina teaches and researches in Australian, Canadian and UK public law. Her work focuses on the interaction between human rights and judicial review of administrative action, comparative administrative law, statutory interpretation, and the nature and limits of the constitutional powers of the judiciary and legislature to hold the executive to account.

Janina's monograph, 'Human Rights and Judicial Review in Australia and Canada: The Newest Despotism?' (Hart, 2017), examines the effect of judicially-enforceable human rights charters on the development of the principles of judicial review of administrative action in Australia and Canada. She is also a co-author of 'Government Liability: Principles and Remedies' (LexisNexis, 2019) (with Ellen Rock and Greg Weeks), which examines the range of public law, private law and statutory remedies available specifically against government litigants, and 'Public Law and Statutory Interpretation: Principles and Practice' (Federation Press, 2017), a student-focused text which examines fundamental public law principles together with the principles and process of statutory interpretation.

Janina holds a PhD from Monash University (for which she received the 2014 Mollie Holman doctoral medal), undergraduate degrees in Law and Economics (social science) from Sydney University (both with first class honours), and an LLM in government law from the Australian National University. She has previously worked in a number legal, policy and research positions including in the Administrative Law section of the Commonwealth Attorney-General's Department, as a researcher in the Department of the Senate, and as Chair of Social Security Rights Victoria (a Community Legal Centre focussed on social security law). Janina is the reviews editor of the Australian Journal of Administrative Law.

Books

Boughey J; Rock E; Weeks G, 2019, Government Liability: Principles and Remedies, LexisNexis, https://store.lexisnexis.com.au/product?product=government-liability-principles-and-remedies&meta_F_and=9780409348651

Boughey J, 2017, Human Rights and Judicial Review in Australia and Canada The Newest Despotism?, Bloomsbury Publishing

Crawford LB; Boughey J; Castan M; O'Sullivan M, 2017, Public Law and Statutory Interpretation: Principles and Practice, Federation Press, Sydney

Edited Books

Groves M; Boughey J; Meagher D, 2019, The Legal Protection of Rights in Australia, Hart Publishing

Journal articles

Crawford LB; Boughey J, 2019, 'The Centrality of Jurisdictional Error: Rationale and Consequences', Public Law Review, vol. 30

Boughey J; Crawford LB, 2019, 'Situating Statutory Interpretation in its Public Law Context', Legal Education Review, vol. 29

Boughey J, 2018, 'Dunsmuir’s Influence in Australia', Canadian Journal of Administrative Law and Practice Special Issue – A Decade of Dunsmuir, pp. 187 - 187

Boughey J; Fletcher A, 2018, 'Human Rights and Administrative Decision-Making', Australian Journal of Administrative Law, pp. 10 - 10

Boughey J, 2017, 'Re-Evaluating the Doctrine of Deference in Administrative Law', Federal Law Review, vol. 45, pp. 597 - 625, http://dx.doi.org/10.22145/flr.45.4.6

Boughey J, 2017, 'Administrative Law and Judicial Deference', AUSTRALIAN JOURNAL OF ADMINISTRATIVE LAW, vol. 24, pp. 140 - 141, http://gateway.webofknowledge.com/gateway/Gateway.cgi?GWVersion=2&SrcApp=PARTNER_APP&SrcAuth=LinksAMR&KeyUT=WOS:000403366900005&DestLinkType=FullRecord&DestApp=ALL_WOS&UsrCustomerID=891bb5ab6ba270e68a

Boughey J; Crawford LB, 2017, 'Reconsidering R (on the application of Cart) v Upper Tribunal and the Rationale for Jurisdictional Error', Public Law, vol. 2017, pp. 592 - 592

Boughey J, 2016, 'The Charter’s Effect on Administrative Decision-Making', Public Law Review, vol. 27, pp. 3 - 3

Boughey J, 2016, 'The Relaxation of Representative Standing in Administrative Law: A Side-Effect of Charters of Rights', University of British Columbia Law Review, vol. 49, pp. 47 - 47

Boughey J, 2015, 'The Reasonableness of Proportionality in the Australian Administrative Law Context', Federal Law Review, vol. 43, pp. 59 - 90, http://dx.doi.org/10.22145/flr.43.1.3

Boughey J, 2013, 'Rights, Review and Reasonableness: The Implications of Canada’s New Approach to Administrative Decision-Making and Human Rights for Australia’', Sydney Law Review, vol. 35, pp. 283 - 283

Boughey J, 2013, 'ADMINISTRATIVE LAW: THE NEXT FRONTIER FOR COMPARATIVE LAW', International and Comparative Law Quarterly, vol. 62, pp. 55 - 95, http://dx.doi.org/10.1017/s0020589312000553

Weeks GP; Boughey J, 2013, 'Officers of the commonwealth’ in the private sector: can the high court review outsourced exercises of power?', University of New South Wales Law Journal, vol. 36, pp. 316 - 357, http://gateway.webofknowledge.com/gateway/Gateway.cgi?GWVersion=2&SrcApp=PARTNER_APP&SrcAuth=LinksAMR&KeyUT=WOS:000213961400014&DestLinkType=FullRecord&DestApp=ALL_WOS&UsrCustomerID=891bb5ab6ba270e68a

Boughey J, 2010, 'The use of Administrative Law to Enforce Human Rights', Australian Journal of Administrative Law, vol. 17, pp. 25 - 25

Book Chapters

Groves M; Boughey J; Meagher D, 2019, 'Rights, Rhetoric and Reality: An Overview of Rights Protection in Australia', in , pp. 1 - 16

Boughey J, 2019, 'The Victorian Charter: A Slow Start or Fundamentally Flawed?', in Groves M; Boughey J; Meagher D (ed.), , Hart Publishing, pp. 207 - 227

Boughey J, 2019, 'Administrative Law's Impact on the Bureaucracy', in Weeks G; Groves M (ed.), , The Federation Press, pp. 93 - 116

Boughey J; Weeks G, 2018, ''Government Accountability as a Constitutional Value'', in Dixon R (ed.), , Hart Publishing, pp. 99 - 99

Boughey J; Crawford LB, 2018, 'Jurisdictional Error: Do We Really Need It?', in The Unity of Public Law? Doctrinal, Theoretical and Comparative Perspectives, Hart

Boughey J, 2017, 'The Scope and Application of the Charters', in Groves M; Campbell C (ed.), , The Federation Press

Boughey J, 2017, 'Proportionality and Legitimate Expectations', in Groves M; Weeks G (ed.), , Hart Publishing

Boughey J; Groves M, 2014, 'Administrative Law in the Australian Environment', in , Cambridge University Press

Reports

Boughey J; Richardson L; Grant G, 2018, The Impacts of Self-Represented Litigants on Civil and Administrative Justice: Environmental Scan of Research, Policy and Practice

Other

Conference Presentations

Boughey J, 'The Reasonableness of Proportionality in the Australian Context', presented at Australian Institute of Administrative Law Forum, Canberra, 18 July 2013 - 19 July 2013

Boughey J, 'The Principles of Legality and Consistency after the Canadian Charter’', presented at THe Principle of Legality in Australian and New Zealand Law,, Melbourne, 20 February 2015 - 20 February 2015

Boughey J; Weeks G, 'Government Accountability as a “Constitutional Value', presented at Australian Constitutional Values Workshop, UNSW, 10 June 2016 - 10 June 2016

Boughey J; Crawford LB, 'Jurisdictional Error: Is Disunity Necessary?', presented at Public Law Conference, Cambridge University, Cambridge, 12 September 2016 - 14 September 2016

Boughey J; Crawford LB, 'Situating Statutory Interpretation in its Public Law Context', presented at Statutory Interpretation Teaching Symposium, LaTrobe Law School, 26 October 2017 - 26 October 2017

Boughey J, 'Jurisdictional Error and Remedies: Is a Coherent Approach Possible?', presented at AIAL Victorian Chapter, Melbourne, 17 May 2018 - 17 May 2018

Boughey J; Richardson L, 'The impacts of self-represented litigants on civil and administrative justice', presented at Council of Australasian Tribunals Conference, Canberra, 07 June 2018 - 08 June 2018

Boughey J, 'The Modern Approach to Interpretation and the Case for “Deference"', presented at Interpreting Executive Power Workshop, UNSW, 14 December 2018 - 14 December 2018

Boughey J, 'Administrative law’s impact on the bureaucracy', presented at Public Law Weekend, ANU, 01 November 2018 - 02 November 2018

Boughey J, 'Justiciability and Treaty Withdrawal: Should Australia Follow the US or the UK (or neither)?', presented at Public Law Conference, University of Melbourne, 12 July 2018 - 13 July 2018