LAW3101 - Administrative law 306

Leader: Semester One: Jeff Goldsworthy Semester Two: Colin Campbell

Offered

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

Synopsis

Topics include: 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. Students will examine/compare 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, and develop skills to solve administrative law problems. The course will evaluate administrative law systems.

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