Administrative law 300
Associate Professor H P Lee
0 points * Two 1-hour lectures per week and one 1-hour tutorial per week * Full-year subject * Clayton
In our society, the exercise of statutory powers by administrative officials and agencies has a substantial effect on the affairs of individuals and corporations. Administrative law is concerned with the rules and procedures which have been developed (by lawyers and by government) for controlling the decisions and actions of those officials and agencies, and for giving members of the public effective rights of challenge and redress. The major focus of the subject is on the legal principles and procedures developed by the courts: on judicial review of administrative action, on the technical rules about the validity and legality of that action, and on the even more technical rules about standing to invoke the courts' intervention and about appropriate remedies. However, an emerging component of administrative law, and of this course, is the recent development of alternative, extra-judicial review systems: ombudsmen, independent appeal tribunals, and internal review systems. This subject will pay particular attention to these developments.
Assessment
Written assignment (2500-3000 words): 25% * Class test (1 hour): 15% * Examination (3.5 hours): 60%
Prescribed texts
Administrative law: Cases and materials Faculty of Law, Monash U, 1995
Administrative Appeals Tribunal Act 1975 (Cth) as amended to date
Administrative Decisions (Judicial Review) Act 1977 (Cth) as amended to date
Recommended text
Allars A Introduction to Australian administrative law Law Book, 1990