LAW4331 · Administrative law

Overview

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.

Offerings

Assessment

The Handbook lists an examination for this unit.

Assessment details may change. Please refer to the assessment information in Moodle closer to the start of the teaching period.

Requisites

Learning outcomes

1. Analyse the substantive law of judicial and merits review with respect to theoretical and policy concerns underpinning the law.
2. Creatively resolve complex issues pertaining to administrative law, make reasoned choices and formulate appropriate responses to issues as they arise.
3. Explain and argue key issues pertaining to administrative law.
4. Reflect on and self-evaluate your performance of administrative law related activities.
5. Communicate and collaborate effectively, appropriately and persuasively.

Workload

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.

Student experience, not official rules. Nothing here changes what the Handbook says.