730-302 Advanced Administrative Law

Credit Points

Coordinator

Prerequisites

Torts and the Process of Law; History and Philosophy of Law; Constitutional and Administrative Law.

Semester

Contact

Subject Description

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. The nature of discretionary decision making, and theories of decision making. Practical applications of the theories. The requirement of giving reasons for decisions. Freedom of Information legislation, both Commonwealth and State and internal and external review of decisions, including the Administrative Appeals mechanisms. A theoretical review of judicial review. The practice of judicial review, with special reference to the Commonwealth experience. Principles expressed in judicial review, including procedural fairness. Public law issues such as justifiability, standing and rule making. The public/private divide.

Assessment

Written assignment (research or reflective essay) 4000 words (70%) and Seminar Paper (30%).