Vigilance and Restraint in the Common Law of Judicial Review

Importation and Indigeneity: the Quartet in New Zealand Administrative Law

“…An alternative way -and one I prefer -to think about the overall trajectory is to think in terms of the meta-structure of judicial method. 161 We can track the trajectory with a different lens, by reference to different methods used to draw the balance between primary issues (the propriety of administrative action in a particular case) and secondary issues (judicial legitimacy in terms of relative expertise and competence to adjudicate on different questions). 162 163 The courts ' ability to intervene was conditioned according to rigid categories of analysis: jurisdictional-non-jurisdictional, law-fact-policy, process-substance, judicial-administrative-legislative; and was very technical and formalistic, as well as being rigid and circumspect; hence, the style was usually (but not always) teamed with judicial restraint.…”