Judicial Review of Universities - The Visitor and the visited

摘要

The University visitor is a truly remarkable figure in English law. Described by one writer a "redolent of monarchical paternalism in an isolated unworldly community of scholars" this once remote figure hasbecome prominent again because of judicial decisions and academic writings which have been mostly descriptive rather than critical of hisallegedly exclusive jurisdiction in University disputes. Now the visitor is about to exercise his jurisdiction in a New Zealand university (apparentlyfor the first time) and a critical examination of the visitor's potentially far-reaching powers in the local context is clearly needed. For although thecaselaw on the visitor is mostly both dusty and clouded one clear point to emerge from the case is that the courts feel jurisdictionally barred fromreviewing any matter which they consider to be within the purview of the visitor. Thus if, as some university officials believe. . . ."the visitor hasalmost whatever powers he chooses to exercise" the courts would indeed be emasculated. Fortunately the cases do not go that far.