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 current research projects are focussed on whether Australian administrative law principles and institutions are 'fit for purpose' in light of the way modern governments function.

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 has also co-edited collections on 'The Legal Protection of Human Rights in Australia' (Hart, 2019), and 'Interpreting Executive Power' (Federation Press, 2020).

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.


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

Boughey J; Crawford L, (ed.), 2020, Interpreting Executive Power, Federation Press, https://www.federationpress.com.au/bookstore/book.asp?isbn=9781760022341

Groves M; Boughey J; Meagher D, (eds.), 2019, The Legal Protection of Rights in Australia, Hart Publishing, https://www.bloomsburyprofessional.com/uk/the-legal-protection-of-rights-in-australia-9781509919833/

Journal articles

Boughey J, 2020, 'BRETT CATTLE: NEW LIMITS ON DELEGATED LAW-MAKING POWERS?', PUBLIC LAW REVIEW, vol. 31, pp. 347 - 364, http://gateway.webofknowledge.com/gateway/Gateway.cgi?GWVersion=2&SrcApp=PARTNER_APP&SrcAuth=LinksAMR&KeyUT=WOS:000613921300001&DestLinkType=FullRecord&DestApp=ALL_WOS&UsrCustomerID=891bb5ab6ba270e68a29b250adbe88d1

Boughey J, 2020, 'A(nother) New Unreasonableness Framework for Canadian Administrative Law', AUSTRALIAN JOURNAL OF ADMINISTRATIVE LAW, vol. 27, pp. 43 - 57, https://www.westlaw.com.au/maf/wlau/app/document?docguid=I34dcff7298e611eab3b38541a7309177&tocDs=AUNZ_AU_JOURNALS_TOC&isTocNav=true&startChunk=1&endChunk=1

Boughey J, 2020, 'Executive power in emergencies: Where is the accountability?', Alternative Law Journal, vol. 45, pp. 168 - 174, http://dx.doi.org/10.1177/1037969X20950514

Crawford LB; Boughey J, 2019, 'The Centrality of Jurisdictional Error: Rationale and Consequences', Public Law Review, vol. 30, Pt 1, http://sites.thomsonreuters.com.au/journals/2019/06/11/public-law-review-update-vol-30-pt-1/

Boughey J; Crawford LB, 2019, 'Situating Statutory Interpretation in its Public Law Context', Legal Education Review, vol. 29, https://ler.scholasticahq.com/article/10834-situating-statutory-interpretation-in-its-public-law-context

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/10.1177/0067205x1704500406

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=891bb5ab6ba270e68a29b250adbe88d1

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

Boughey J, 2020, 'The Case for “Deference” to (Some) Executive Interpretations of Law', in Boughey J; Crawford L (ed.), Interpreting Executive Power, The Federation Press, Sydney, pp. 34 - 53, https://www.federationpress.com.au/bookstore/book.asp?isbn=9781760022341#bookcontents

Boughey J; Crawford L, 2020, 'Executive Power in an Age of Statutes', in Boughey J; Crawford L (ed.), Interpreting Executive Power, Federation Press, https://www.federationpress.com.au/bookstore/book.asp?isbn=9781760022341

Zalnieriute M; Burton L; Boughey J; Bennett Moses L; Logan S, 2020, 'From the Rule of Law to Statute Drafting: Legal Issues for Algorithms in Government Decision-Making', in Barfield W (ed.), Woodrow Barfield (ed.) Cambridge Handbook on the Law of Algorithms, Cambridge University Press, UK, 2021, Cambridge University Press, pp. 251 - 272, https://www.cambridge.org/core/books/cambridge-handbook-of-the-law-of-algorithms/from-rule-of-law-to-statute-drafting/7257AE46EBD323E5E4126FBD81D5A4A0

Groves M; Boughey J; Meagher D, 2019, 'Rights, Rhetoric and Reality: An Overview of Rights Protection in Australia', in The Legal Protection of RIghts in Australia, Bloomsbury Publishing, pp. 1 - 16, https://www.bloomsburyprofessional.com/uk/the-legal-protection-of-rights-in-australia-9781509919833/

Boughey J, 2019, 'The Victorian Charter: A Slow Start or Fundamentally Flawed?', in Groves M; Boughey J; Meagher D (ed.), The Legal Protection of Rights in Australia, Hart Publishing, England : Hart, pp. 207 - 227, https://www.bloomsburyprofessional.com/uk/the-legal-protection-of-rights-in-australia-9781509919833/

Boughey J, 2019, 'Administrative Law's Impact on the Bureaucracy', in Weeks G; Groves M (ed.), Administrative Redress In and Out of the Courts: Essays in Honour of Robin Creyke and John McMillan, The Federation Press, pp. 93 - 116, https://www.federationpress.com.au/bookstore/book.asp?isbn=9781760022020

Boughey J; Weeks G, 2018, ''Government Accountability as a Constitutional Value'', in Dixon R (ed.), Australian Constitutional Values, 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, https://www.bloomsbury.com/au/the-unity-of-public-law-9781509915187

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

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

Boughey J; Groves M, 2014, 'Administrative Law in the Australian Environment', in Modern Administrative Law in Australia Concepts and Context, Cambridge University Press


Appleby G; Boughey J; Pillai S; Williams G, 2020, Submission to Senate Standing Committee for the Scrutiny of Delegated Legislation inquiry into Exemption of delegated legislation from parliamentary oversight

Zalnieriute M; Bennett Moses L; Boughey J; Burton L; Bhathela N, 2019, Submission to the OHCHR Thematic Report to the United Nations General Assembly on Digital Technology, Social Protection and Human Rights

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, https://aija.org.au/publications/the-impacts-of-self-represented-litigants-on-civil-and-administrative-justice-environmental-scan-of-research-policy-and-practice/


Conference Presentations

Boughey J, 2020, 'Codifying Judicial Review: The Australian Experience', presented at Codification of Administrative Law, Zurich, 22 April 2020 - 24 April 2020

Boughey J, 2019, 'Is Administrative Law Fit for Purpose in an Age of Automation?', presented at ICON-S Conference, Santiago, Chile, 01 July 2019 - 03 July 2019

Boughey J, 2019, 'Procedural Fairness: Where are we now and what does it mean for tribunals?', presented at NSW Civil and Administrative Tribunal Conference, Sydney, 17 October 2019

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

Boughey J, 2018, '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

Boughey J; Crawford LB, 2017, '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; Weeks G, 2016, 'Government Accountability as a “Constitutional Value', presented at Australian Constitutional Values Workshop, UNSW, 10 June 2016 - 10 June 2016

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

Boughey J, 2015, '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, 2013, 'The Reasonableness of Proportionality in the Australian Context', presented at Australian Institute of Administrative Law Forum, Canberra, 18 July 2013 - 19 July 2013