Handbook 1996 : Faculty of Law (Volume 3 page 214)
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Optional Law subject.
Prerequisite: Constitutional and Administrative Law.
Contact: 2 hours per week (if taken all year) or 4 hours per week (if taken first or second semester).
Timetable: First and/or second semester
Objectives:
The course is designed to promote close investigation and discussion of the theoretical foundations of modern public administration and the way in which this has influenced the development of administrative law. It will also concentrate on the inter-relationship between the private and public spheres and between private law and public law. Students completing the course should have looked at some specific areas of current administrative law at an advanced level, in light of this theoretical approach. It is also an objective of the course to discuss current practical areas of administrative law and to realise the extensive application of the area.
Content:
The course begins with an introduction to some of the theoretical issues underlying administrative law; the role of the State, the governmental structures that influence the administrative law system; the principles of good administration and the protection of individual rights. An examination of discretionary decision making is then developed, looking at the theory underlying such decisions. That theory will then be applied in some practical examples of current areas where discretion is fundamental. The requirement of reasons for decisions is addressed. Other areas dealing with improving government include Freedom of Information (FOI) legislation, comparing the different states approaches to FOI and the Commonwealth system and internal review and external review of administrative decisions, including the Administrative Appeals mechanisms. Control of corruption is also addressed. After looking at the mechanisms in place to improve decision making, the course will then turn to examine judicial review of decision making. A theoretical examination of judicial review is undertaken, starting with the purpose of judicial review. The practice of judicial review is then examined, concentrating on the Commonwealth experience, but also spending a considerable period of time looking at alternative systems of review as seen in other States. Principles expressed in judicial review, such as procedural fairness and the breadth of judicial review will be analysed, linking back to some of the principles developed in the beginning of the course. A practical perspective will also be given throughout the discussions. Public law issues such as justiciability, standing, and rule making will then be addressed, and a discussion about the public/private divide will be introduced. The course will end off with questions of the extent to which administrative law principles are extending into the private domain.
Assessment:
Research Assignment not exceeding 6,000 words (70 per cent) and Seminar Paper (30 per cent).
Prescribed texts:
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Handbook 1996 : Faculty of Law (Volume 3 page 214)
Status: Official 1996 Date created: Oct 9 1995 Last modified: Oct 9 1995 Authorised by: Academic Registrar Email enquiries: Course_Information@registrar.unimelb.edu.au
Maintained by: Faculty of Law.
Copyright © University of Melbourne 1995,1996.