730-411 Advanced Administrative Law

Principles of Public Law: Constitutional Law; Administrative Law or in each case their equivalents.

Advanced Administrative Law builds upon the foundation material studies in the compulsory administrative law classes. It seeks to extend students understandings of the theoretical issues underlying the exercise of public power and the way those theories operate in the practice of administrative law. Topics include an introduction to 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 then follows of 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; and the public/private divide.

Reflective essay 3500-4500 words (due end of semester) 60% and journal report 1500-3000 words (due mid semester) 40%.

Printed materials will be issued by the Faculty of Law.