Leader: Semester One: Jeff Goldsworthy

Offered

Clayton First semester 2008 (Day)
Clayton Second semester 2008 (Day)

Synopsis

Topics include: the basic concepts and principles underpinning Administrative law; the structure of government administration; the obtaining of reasons for governmental decisions, and freedom of information; the privatisation of administrative services; sources of administrative discretions; the systems which have developed for the review of the actions of administrative agencies; and the scope of administrative law remedies. Students will examine the grounds of judicial review at common law and under statute. That examination will provide the basis for an analysis that will be conducted of the distinctions between the legality of decisions and their merits, and between errors of law and errors of fact. Consideration will also be given to concepts of statutory and administrative discretion, and justiciability. Students will be helped to develop the skills necessary to solve problems arising in administrative law.

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

Three hours of lectures per week and one hour tutorial per fortnight

Prerequisites

LAW1100 or LAW1101 and LAW1102 or LAW1104

Co-requisites

LAW3200 or LAW3201

Prohibitions

LAW3100