Thesis: The Constitutionalisation of Jurisdictional Error

Oscar Roos

LLB(Hons) BA Melbourne, LLM Monash
Oscar Roos Admitted to practise as a Barrister and Solicitor of the Supreme Court of Victoria and the High Court of Australia; Member of the Victorian Bar.

My thesis looks at the intersection of Australian Administrative Law and Australian Constitutional Law. My thesis will consider the extent to which the entrenchment of a minimum standard of judicial review in Australian constitutionalism can be explained by reference to originalist and progressivist theories of constitutional interpretation. My thesis is informed by critical legal theory, in particular Marxist legal theory. My SJD candidature and my thesis topic were confirmed by Monash University in 2012. Prior to confirmation of my candidature, I completed four SJD course work units at Monash University.

  • Terrorism and Human Rights (2009)
  • Comparative Bills of Rights (2009)
  • Overview of International Human Rights Law (2010)
  • Human Rights in the Global Economy (2011)

The research paper that I submitted in the subject Terrorism and Human Rights formed the basis of a paper that I subsequently co-authored with Dr John Morss and Benjamin Hayward which was published as 'Beyond the Separation of Powers: Judicial Review and the Regulatory Proscription of Terrorist Organisations' (2010) 35(1) University of Western Australia Law Review 81-118.

The research paper that I submitted in the subject Human Rights in the Global Economy was subsequently published in 2012 in the United States of America as 'Exploring the Linkage between WTO Dispute Resolution and International Human Rights Law' (2011) 19(11) Currents: International Trade Law Journal 1-21.


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