units

LAW4331

Faculty of Law

18 September 2017 22 December 2024

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This unit entry is for students who completed this unit in 2016 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.

Monash University

6 points, SCA Band 3, 0.125 EFTSL

Undergraduate - Unit

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

Faculty

Law

Offered

Clayton

  • First semester 2016 (Day)
  • Second semester 2016 (Day)

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 tribunals, 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 aims, particularly, to develop students' practical skills in interpreting statutes.

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, demonstrating sophisticated awareness of the theoretical and policy concerns underpinning the law, as well as the broader political and social context within which administrative law issues arise;
  2. Demonstrate cognitive and creative skills in approaching complex issues pertaining to administrative law, interpreting legislation and professional conclusions, making reasoned choices among alternatives, and formulating appropriate responses to legal issues;
  3. Communicate effectively, appropriately and persuasively on issues pertaining to Administrative Law;
  4. Reflect on and assess their own capabilities and performance, and make use of feedback as appropriate, to support personal and professional development; and
  5. Learn and work with autonomy, accountability and professionalism.

Assessment

(1) Statutory Interpretation Exercise (20%).
(2) Examination (2 hours writing time plus 30 minutes reading and noting time): (70%).
(3) Tutorial activities (10%).

Workload requirements

Minimum total expected workload to achieve the learning outcomes for this unit is 144 hours per semester typically comprising a mixture of scheduled learning activities and independent study. The unit requires on average three/four hours of scheduled activities per week. Scheduled activities may include a combination of teacher directed learning, peer directed learning and online engagement.

See also Unit timetable information

Chief examiner(s)

Semester 1: Mr Colin Campbell
Semester 2: Mrs Maria O'Sullivan

Prerequisites

For students who commenced their LLB (Hons) course in 2015 or later:
LAW1111 Foundations of Law;
LAW1114 Criminal Law 1;
LAW1112 Public Law and Statutory Interpretation;
LAW1113 Torts;
LAW2112 Property A;
LAW2101 Contract A;
LAW2102 Contract B;
LAW2111 Constitutional Law;
LAW3112 Corporations Law;

For students who commenced their LLB course prior to 2015:
LAW1100 OR LAW1101 and LAW1102 or LAW1104

Prohibitions

LAW3100