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Course

Administrative Law - JURD7160

Faculty: Faculty of Law

School: Faculty of Law

Course Outline: See below

Campus: Sydney

Career: Postgraduate

Units of Credit: 6

EFTSL: 0.12500 (more info)

Indicative Contact Hours per Week: 4

Enrolment Requirements:

Pre-requisite: Principles of Public Law (LAWS1141/JURD7141) or Public Law (LAWS1140/JURD7140).

Excluded: LAWS1160

CSS Contribution Charge: 3 (more info)

Tuition Fee: See Tuition Fee Schedule

Further Information: See Class Timetable

View course information for previous years.

Description

Administrative Law is a compulsory course that builds on what you will have already learnt in Public Law (JURD7140). The principles covered in this course themselves form the foundation for many other subjects, including Constitutional Law, Industrial Relations Law, Human Rights Law, Environmental Law and Migration/Refugee Law. The aim of the course is to ensure that students are familiar with the central principles of Administrative Law. Students completing the course will develop an appreciation of the relationship between law and government decision making, including how the law forms a framework that enables and controls government activity within the broader context of the rule of law. Students will learn the principles and procedures for review of administrative action, and learn to apply this understanding to resolve practical problems.

Course Learning Outcomes

The student will be able to:
  1. Demonstrate awareness of principles of administrative law and their relationship to the broader context;
  2. Navigate and apply key administrative law legal texts, both statutory and judicial;
  3. Identify administrative law issues and apply them to hypothetical fact scenarios;
  4. Engage in critical analysis of key practical problems in administrative law;
  5. Demonstrate effective written communication skills by articulating legal concepts clearly, persuasively and appropriately;
  6. Demonstrate effective oral communication skills by discussing and debating course concepts in a scholarly, reflective and respectful manner; and
  7. Produce a reflective note that demonstrates critical analysis of alternative and non-Adversarial philosophies and practices.

Topics

  • Introduction to Administrative Law
  • Controlling the Executive
  • Statutory Interpretation
  • Information
  • Merits Review
  • Judicial review of Private Bodies
  • Commencing Judicial Review Proceedings
  • Jurisdictional Error
  • Grounds of Judicial Review
  • The Interaction of Public Law with Private Law

Assessment

  • Class participation - 10% (maximisable if Report attempted and mark lower)
  • Tribunal Report - 10% (optional)
  • Research Essay - 30%
  • Final examination - 60%

Texts

Creyke & McMillan, Control of Government Action: Text, Cases and Commentary 3rd ed, (3rd ed, LexisNexis, 2012); and
LAWS1160 and JURD7160 Administrative Law Semester 2, 2012 Study Guide, available at the University Bookshop or as a PDF document from Blackboard.

Recommended

Hall & Macken, Legislation and Statutory Interpretation 3rd ed, (LexixNexix, 2012)
Law Books

Study Levels

Undergraduate Study Postgraudate Study Postgraduate Research Study Non-Award Study

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