Administrative Law 733521
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Description
Administrative law regulates the relationship between the state and its people, in other words, the relationship between the government and the governed. In particular, it regulates the powers and procedures of the executive branch of government and establishes the mechanisms for ensuring legality, transparency and accountability in executive decision-making. This subject completes the core curriculum’s examination of the legal framework of government in Australia. In addition to examining the key elements of Australian administrative law, this subject will analyse its application in selected areas of legislative regulation or policy implementation to assess how administrative law is meeting the challenges of privatisation, security pressures, and the adoption of human rights protection.
Topics include:
- Introduction
- Development of executive government and administrative law
- Identifying and interpreting sources of executive power: constitutions, prerogative, common law, statute, guidelines, policies
- Scope of executive power, including the federal division of power
- Types of executive power, including the concept of discretion
- The functions of administrative law in regulating executive power
- Accountability for the exercise of executive power
- Making and scrutiny of delegated legislation
- Access to information
- Reasons for administrative decisions
- Non-adjudicative review: Parliament, the Ombudsman and others
- Tribunals and merits review
- Judicial review of administrative decisions
- Avenues of judicial review
- Commonwealth decisions: the ADJR Act; the Constitution; and the Judiciary Act
- State decisions: O56, statutory ‘appeal’ provisions and the Administrative Law Act
- Judicial review procedure
- Standing and accessibility
- Jurisdictional error
- Judicial review grounds
- Remedies and the effect of flawed decisions
- Excluding / limiting judicial review
- Avenues of judicial review
- Administrative law in a changing policy context:
- Adjusting to privatisation and outsourcing
- Approaches to regulation, control and accountability
- Security concerns and the rule of law
- The impact of human rights protection on government powers and administrative law.
PreRequisites
Legal Method and Reasoning, Principles of Public Law, Torts, Obligations, Dispute Resolution, Constitutional Law, Contracts, Property, Legal Theory.
