Research Of Judicial Review Of University Punishment Behavior To Students In Australia

In an era of increased accountability, decisions that adversely affect universitystudents are more open to internal and judicial review.In Australia, the highereducation climate has changed markedly, particularly in the last decade, the legalawareness and right awareness of students has constantly strengthened. Therefore, theresolution of student grievances has become a key focus in Australia. Historically,students rarely challenged punishment behavior outside their universities. however,recent empirical research has found that more and more Australian university studentstend to recourse to courts. Therefore, it is necessary to define the legal status ofuniversities, clarify the relationship between university and student, define the scopeof accepting cases, standards and principles of judicial review and so on. All of thoseare inevitable questions.This article is divided into three chapters, adopts the literature analysis, caseanalysis, normative analysis and other methods. This consideration encompasses thewide range of issues which have arisen in federal and state courts, relating to thedifferent types of allegations against the universities concerned. Through the combingand analysis of these cases, we can found that the focus of these cases is thechallenging to university’s punishment behavior to students. This article wasdiscussed from the following several aspects.The first chapter is summary of the judicial review of Australian university’s punishment behavior to students. First, introduce the legal status of university,including the university status of the civil law countries and Anglo-American lawsystem, and mainly introduce Australian university’s subject of administrationqualification as statutory authority. Second, introduce the summary of Australianjudicial review, defining the judicial review under statutory regimes and the commomlaw. Finally, analyze the cases, summarizes the basic characteristics, classify the maintypes. Generally, those cases can be classified to two types, those are decisions whichinvolve academic judgement and disciplinary decisions. Then there are two types ofdisciplinary decisions. One relates to conduct unconnected with academicachievement,the other relates to academic misconduct.The second chapter is the comprehensive analysis of the legal basis of thejudicial review of university punishment behavior. First, define the the connotation ofuniversity autonomy, mainly including the autonomy of higher education, universityadministration and academic freedom. Second, combined with some representativetheory, clearing that the legal relationship between university and shtudent is one kindof public law relationship, but there also exsists civil legal relationship in somegrounds. Then, analysing that the interverning of judicial review is benefical tobalance the university autonomy and student rights. Finally, summarize the legal basisof Australian judicial review, including the federal judicial review legislation, statejudicial review legislation and relavant case law.The third chapter is the analysis of the judicial review current situation ofAustralian university punishment to students. Firstly, Austalia has make someachievement, including affluent judicial review standards, such as procedural fairnessrule, ultra vires and excess of jurisdiction; the paper also pinpoint the judicial reviewprincipal of this kind of cases, such as judicial review principle of limitation, endingon university appeal, and judicial final settlement. Secondly, analysizing the issues ofthe cases. The scope of accepting cases is limited, when discussing ‘under theenactment’. However, the scope is rather widely under the common law, nearlycovering all disciplinary decisions. Based on the respect of academic, the courts don’twant to interverne into academic decisions. Finally, predicting the future trends of this kind of cases. In the future, the Griffith cases may be limited, and enlarge the scope ofaccepting cases by improving judicial review legislation and higher educatioonlegislation.