units

LAW5014

Faculty of Law

18 September 2017 26 April 2024
Monash University

Postgraduate - Unit

This unit entry is for students who completed this unit in 2015 only. For students planning to study the unit, please refer to the unit indexes in the the current edition of the Handbook. If you have any queries contact the managing faculty for your course or area of study.

print version

6 points, SCA Band 3, 0.125 EFTSL

Refer to the specific census and withdrawal dates for the semester(s) in which this unit is offered.

LevelPostgraduate
FacultyFaculty of Law
OfferedCity (Melbourne) Trimester 1 2015 (Day)
City (Melbourne) Trimester 2 2015 (Day)
City (Melbourne) Trimester 3 2015 (Day)

Notes

For postgraduate Law discontinuation dates, please see http://www.law.monash.edu.au/current-students/postgraduate/pg-disc-dates.html
For postgraduate Law unit timetables, please see http://law.monash.edu.au/current-students/course-unit-information/timetables/postgraduate/index.html
Previously coded as LAW7274

Quota applies

Postgraduate programs are based on a model of small group teaching and therefore class sizes need to be restricted.

Synopsis

Administrative law is the branch of public law that regulates the exercise of power by the executive arm of government. This unit introduces students to the structure of government administration, the sources of administrative discretion and the systems that have been developed to permit the review of the exercise of administrative discretion by administrative decision-makers. The unit compares review of the 'merits' of administrative actions, by administrative decision-makers, with review of their 'legality', by courts, pursuant to judicial review. The unit examines the judicial review of administrative action both at common law and under statute and has particular regard to the grounds of review; the courts' jurisdiction to entertain applications for review; the possession, by potential applicants for review, of standing; and the remedies available pursuant to a successful judicial review application. The unit will develop advanced and integrated skills in statutory interpretation in the context of regulatory legislation.

Outcomes

At the successful completion of this Unit students will be able to:

  1. critically analyse the substantive law of judicial review and merits review, as well as contemporary developments in that law and its practice, with reference to broader social, political and regulatory contexts;
  2. demonstrate sophisticated cognitive and creative skills in interpreting and evaluating professional conclusions and statutes
  3. exercise professional judgement to formulate and evaluate responses to factual scenarios, based on both jurisprudential and practical considerations;
  4. apply advanced knowledge and skills to determine, in relation to particular legislation, whether claims in judicial review or merits review may be successfully argued in particular factual contexts;
  5. communicate effectively, appropriately and persuasively on issues pertaining to Administrative Law;
  6. reflect on and assess their own capabilities and performance, and make use of feedback as appropriate, to support personal and professional development; and
  7. learn and work with a high level of autonomy, accountability and professionalism.

Assessment

1. Statutory interpretation assignment (1,500 words): 20%
2. Examination (2 hours plus 30 minutes reading time): 70%
3. Class participation: 10%

Workload requirements

Workload is 2.5 (or 3 for 2015+ cohort) hours per week x 12 weeks

Chief examiner(s)

Dr Eric Windholz Research ProfileResearch Profile (http://monash.edu/research/people/profiles/profile.html?sid=4724350&pid=7587) Trimester 1
Ms Nina Boughey Research ProfileResearch Profile (http://monash.edu/research/people/profiles/profile.html?sid=6238509&pid=11037) Trimester 2
Assoc Prof Douglas Guilfoyle (Trimester 3)

Prerequisites

LAW5000 or LAW5080 or LAW5081, LAW5007 and LAW5004 (for students beginning in 2015 or later)