LAW3100

Administrative law 312 ( 12 points, SCA Band 3, 0.250 EFTSL)

Leader: Dr Matthew Groves

Offered:
Clayton Full year 2005 (Day)

Synopsis: Basic concepts/principles of Administrative law. Structure of government administration. Privatisation of administrative services. Sources of administrative discretions. Systems which have developed for the review of actions of administrative agencies. Scope of administrative law remedies. Examines/compares grounds of judicial review at common law with statutory forms of the grounds in relation to distinctions between legality and merits review and errors of law and fact, concepts of statutory and administrative discretion and justiciability. Students will develop skills to be able to solve administrative law problems. The course will evaluate administrative law systems that have developed.

Objectives: 1. Know and understand the core values in administrative law and be able to evaluate the principles and processes that have developed in terms of those values; 2. Have acquired knowledge and understanding of the various avenues of challenging administrative decisions, and be able to evaluate the advantages and disadvantages of the alternative avenues of review; 3. Have developed knowledge and understanding of the basic grounds of judicial review and be able to assess the lawfulness of administrative action; 4. Have developed practical skills in recognising, researching and solving administrative law problems and issues; 5. Have acquired knowledge and practical skills in purposive statutory interpretation to define the scope of statutory powers; 6. Have further developed legal research, writing and legal argument skills by undertaking systematic research, including empirical research and the application of theory, into current issues relating to administrative law.

Assessment: Mid-year examination (3 hours writing time plus 30 minutes reading and noting time): 50% + A research paper (7,000 - 9,000 words): (50%)

Contact Hours: Four hours of lectures and one 1-hour tutorial per week

Prerequisites: LAW1100 Legal process OR LAW1101 Introduction to legal reasoning and LAW1102 Law in society

Corequisites: LAW3200 or LAW3201 Constitutional Law

Prohibitions: LAW3101 Administrative law 306