Select Publications

Journal articles

Boughey J, 2017, 'Administrative Law and Judicial Deference', AUSTRALIAN JOURNAL OF ADMINISTRATIVE LAW, 24, pp. 140 - 141, https://www.webofscience.com/api/gateway?GWVersion=2&SrcApp=PARTNER_APP&SrcAuth=LinksAMR&KeyUT=WOS:000403366900005&DestLinkType=FullRecord&DestApp=ALL_WOS&UsrCustomerID=891bb5ab6ba270e68a29b250adbe88d1

Boughey J, 2017, 'CONTROLLING ADMINISTRATIVE POWER: AN HISTORICAL COMPARISON', AUSTRALIAN JOURNAL OF ADMINISTRATIVE LAW, 24, pp. 66 - 68

Boughey J, 2017, 'Re-Evaluating the Doctrine of Deference in Administrative Law', Federal Law Review, 45, pp. 597 - 625, http://dx.doi.org/10.1177/0067205x1704500406

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

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

Boughey J, 2016, 'The Scope and Intensity of Substantive Review: Traversing Taggart's Rainbow', AUSTRALIAN JOURNAL OF ADMINISTRATIVE LAW, 23, pp. 111 - +

Boughey J, 2015, 'Proportionality and the Rule of Law: Rights, Justification, Reasoning', AUSTRALIAN JOURNAL OF ADMINISTRATIVE LAW, 22, pp. 129 - +

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

Boughey J, 2015, 'The Reasonableness of Proportionality in the Australian Administrative Law Context', Federal Law Review, 43, pp. 59 - 90, http://dx.doi.org/10.1177/0067205x1504300103

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, 35, pp. 283 - 283

Boughey J, 2013, 'Administrative law: The next frontier for comparative law', International and Comparative Law Quarterly, 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, 36, pp. 316 - 357

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

Conference Proceedings (Editor of)

Boughey J, (ed.), 2021, 'Kerr's Vision Splendid for Administrative Law: Still fit for purpose?', Thomson Reuters (Professional) Australia Limited, online, Vol. 28, presented at Kerr's Vision Splendid for Administrative Law: Still fit for purpose?, online, 21 October 2021 - 22 October 2021, https://sites.thomsonreuters.com.au/journals/wp-content/uploads/sites/3/2022/02/Westlaw-AU-AJ-Admin-L-Vol-28-No-4-Contents.pdf

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, '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, 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, 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; 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, 'Jurisdictional Error and Remedies: Is a Coherent Approach Possible?', presented at AIAL Victorian Chapter, Melbourne, 17 May 2018 - 17 May 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; Crawford LB, 2016, 'Jurisdictional Error: Is Disunity Necessary?', presented at Public Law Conference, Cambridge University, Cambridge, 12 September 2016 - 14 September 2016

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, 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

Reports

Rock E; Boughey J; Perham E, 2025, Submission to inquiry into the Freedom of Information Amendment Bill 2025, https://www.aph.gov.au/DocumentStore.ashx?id=5b46475c-9be7-4e9f-9abe-bb86b27d990d&subId=778825

Rock E; Boughey J; Bennett Moses L, 2025, Submission to the Attorney-General's Department: Consultation on Automated Decision-Making Reform

Rock E; Boughey J, 2024, Submission to House of Representatives Standing Committee on Social Policy and Legal Affairs ‘Inquiry into the Administrative Review Tribunal Bill 2023 and the Administrative Review Tribunal (Consequential and Transitional Provisions No.1) Bill 2023’, Commonwealth Government, Australia, Submission 13, http://hdl.handle.net/10453/176344

Bennett Moses L; Boughey J; Marzol B, 2023, Informal Release of Information under Section 8 of the Government Information (Public Access) Act 2009 (NSW), http://dx.doi.org/10.26190/unsworks/28426

Boughey J; Appleby G; Bostock C; Blayden L, 2021, Submission to Senate Legal and Constitutional Affairs Committee Inquiry: The performance and integrity of Australia’s administrative review system, https://www.aph.gov.au/Parliamentary_Business/Committees/Senate/Legal_and_Constitutional_Affairs/Adminreviewsystem/Submissions

Boughey J; Appleby G, 2021, Submission to Commonwealth Attorney General on Commonwealth Integrity Commission, https://www.ag.gov.au/submissions-received-commonwealth-integrity-commission-consultation-draft

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, http://dx.doi.org/10.26190/unsworks/27609

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/

Preprints

Crawford LB; Boughey J, 2025, Automated Information about the Law (forthcoming in Public Law, 2025), http://dx.doi.org/10.2139/ssrn.5145525

Zalnieriute M; Burton L; Boughey J; Moses LB; Logan S, 2019, From Rule of Law to Statute Drafting: Legal Issues for Algorithms in Government Decision-Making, http://dx.doi.org/10.2139/ssrn.3380072

Zalnieriute M; Moses LB; 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, http://dx.doi.org/10.2139/ssrn.3399343

Boughey J; Weeks G, 2017, Government Accountability As a ‘Constitutional Value’, http://dx.doi.org/10.2139/ssrn.3060113

Other

Bostock C; Appleby G; Blayden L; Boughey J, 2021, A principled approach to key reforms of Australia's administrative review system, https://www.auspublaw.org/blog/2021/12/a-principled-approach-to-key-reforms-of-australias-administrative-review-system/


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