LAW3101

Administrative law 306 ( 6 points, SCA Band 3, 0.125 EFTSL)

Leader:

Offered:
Clayton First semester 2005 (Day)
Clayton Second semester 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: Examination (2 hours writing time plus 30 minutes reading and noting time): 60% + Research assignment (3000 words): 40% OR Examination (3 hours writing time plus 30 minutes reading and noting time): 100%

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

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

Corequisites: LAW3200 or LAW3201 Constitutional Law

Prohibitions: LAW3100 Administrative law 312