Associate Professor Janina Boughey
Associate Professor

Associate Professor Janina Boughey

B Ec (soc sci) (Hons I)/LLB (Hons I) (USYD)

LLM (government and commercial law) (ANU)

PhD (Monash)

Law & Justice
School of Global & Public Law

Janina is an Associate Professor in the UNSW Faculty of Law, and a member of the Gilbert + Tobin Centre of Public Law. Janina teaches and researches in administrative law. Her work focuses on the interaction between human rights and judicial review of administrative action, comparative administrative law methods, 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 and interact with the private sector.

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, 2021), 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 Automated State: Implications, Opportunities and Challenges for Public Law (Federation Press, 2021), '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.

  • Books | 2019
    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
    Books | 2017
    Boughey J, 2017, Human Rights and Judicial Review in Australia and Canada The Newest Despotism?, Bloomsbury Publishing
    Books | 2017
    Crawford LB; Boughey J; Castan M; O'Sullivan M, 2017, Public Law and Statutory Interpretation: Principles and Practice, Federation Press, Sydney
  • Book Chapters | 2021
    Bennett Moses L; Boughey J; Crawford LB, 2021, 'Laws for Machines and Machine-made Laws', in Boughey J; Miller K (ed.), The Automated State Implications, Challenged and Opportunities for Public Law, Federation Press, pp. 232 - 253, https://federationpress.com.au/product/the-automated-state/
    Book Chapters | 2021
    Boughey J, 2021, 'Outsourcing Automation: Locking the “Black Box” inside a Safe', in Boughey J; miller K (ed.), The Automated State: Implications, Opportunities and Challenges for Public Law, Federation Press, https://federationpress.com.au/product/the-automated-state/
    Book Chapters | 2020
    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
    Book Chapters | 2020
    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
    Book Chapters | 2020
    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
    Book Chapters | 2019
    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
    Book Chapters | 2019
    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/
    Book Chapters | 2019
    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/
    Book Chapters | 2018
    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
    Book Chapters | 2018
    Boughey J; Weeks G, 2018, ''Government Accountability as a Constitutional Value'', in Dixon R (ed.), Australian Constitutional Values, Hart Publishing, pp. 99 - 99
    Book Chapters | 2017
    Boughey J, 2017, 'Proportionality and Legitimate Expectations', in Groves M; Weeks G (ed.), Legitimate Expectations in the Common Law World, Hart Publishing
    Book Chapters | 2017
    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
    Book Chapters | 2014
    Boughey J; Groves M, 2014, 'Administrative Law in the Australian Environment', in Modern Administrative Law in Australia Concepts and Context, Cambridge University Press
  • Edited Books | 2021
    Boughey J; Miller K, (ed.), 2021, The Automated State: Implications, Opportunities and Challenges for Public Law, The Federation Press, https://federationpress.com.au/product/the-automated-state/
    Edited Books | 2020
    Boughey J; Crawford L, (ed.), 2020, Interpreting Executive Power, Federation Press, https://www.federationpress.com.au/bookstore/book.asp?isbn=9781760022341
    Edited Books | 2019
    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 | 2022
    Boughey J, 2022, 'A Call for Ongoing Political Commitment to the Administrative Law Project', AUSTRALIAN JOURNAL OF ADMINISTRATIVE LAW, vol. 28, pp. 242 - 258
    Journal articles | 2021
    Boughey J, 2021, 'The Culture of Justification in Administrative Law: Rationales and Consequences', University of British Columbia Law Review, vol. 54, pp. 403 - 453
    Journal articles | 2020
    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
    Journal articles | 2020
    Journal articles | 2020
    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
    Journal articles | 2019
    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
    Journal articles | 2019
    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/
    Journal articles | 2018
    Boughey J, 2018, 'Dunsmuir’s Influence in Australia', Canadian Journal of Administrative Law and Practice Special Issue – A Decade of Dunsmuir, pp. 187 - 187
    Journal articles | 2018
    Boughey J; Fletcher A, 2018, 'Human Rights and Administrative Decision-Making', Australian Journal of Administrative Law, pp. 10 - 10
    Journal articles | 2017
    Journal articles | 2017
    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
    Journal articles | 2017
    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
    Journal articles | 2017
    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
    Journal articles | 2016
    Boughey J, 2016, 'The Charter’s Effect on Administrative Decision-Making', Public Law Review, vol. 27, pp. 3 - 3
    Journal articles | 2016
    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
    Journal articles | 2015
    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
    Journal articles | 2013
    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
    Journal articles | 2013
    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
    Journal articles | 2013
    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
    Journal articles | 2010
    Boughey J, 2010, 'The use of Administrative Law to Enforce Human Rights', Australian Journal of Administrative Law, vol. 17, pp. 25 - 25
  • Conference Proceedings (Editor of) | 2021
    Boughey J, (ed.), 2021, 'Kerr's Vision Splendid for Administrative Law: Still fit for purpose?', Australian Journal of Administrative Law, online, Vol. 28, presented at Kerr's Vision Splendid for Administrative Law: Still fit for purpose?, online, 21 October 2021 - 22 October 2021, https://legal.thomsonreuters.com.au/australian-journal-of-administrative-law/productdetail/97151
    Submissions to Government | 2021
    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
    Submissions to Government | 2021
    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
    Reports | 2020
    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
    Conference Presentations | 2020
    Boughey J, 2020, 'Codifying Judicial Review: The Australian Experience', presented at Codification of Administrative Law, Zurich, 22 April 2020 - 24 April 2020
    Conference Presentations | 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
    Conference Presentations | 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
    Reports | 2019
    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
    Conference Presentations | 2018
    Boughey J, 2018, 'Administrative law’s impact on the bureaucracy', presented at Public Law Weekend, ANU, 01 November 2018 - 02 November 2018
    Conference Presentations | 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
    Conference Presentations | 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
    Conference Presentations | 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
    Conference Presentations | 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
    Reports | 2018
    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 | 2017
    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
    Conference Presentations | 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
    Conference Presentations | 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
    Conference Presentations | 2015
    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
    Conference Presentations | 2013
    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
    Preprints |
    Boughey J; Weeks G, Government Accountability As a Constitutional Valuee, http://dx.doi.org/10.2139/ssrn.3060113
    Preprints |
    Zalnieriute M; Bennett Moses L; Boughey J; Burton L; Bhathela N, 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
    Preprints |
    Zalnieriute M; Burton L; Boughey J; Bennett Moses L; Logan S, From Rule of Law to Statute Drafting: Legal Issues for Algorithms in Government Decision-Making, http://dx.doi.org/10.2139/ssrn.3380072

DECRA, 2021-2024