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Administrative Law - LAWS1160
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Faculty: Faculty of Law
 
 
School:  Faculty of Law
 
 
Course Outline: See below
 
 
Campus: Kensington Campus
 
 
Career: Undergraduate
 
 
Units of Credit: 6
 
 
EFTSL: 0.12500 (more info)
 
 
Indicative Contact Hours per Week: 4
 
 
Enrolment Requirements:
 
 
Pre-requisite: Public Law (LAWS1140), ( JURD7140)
 
 
Excluded: JURD7160
 
 
Fee Band: 3 (more info)
 
 
Further Information: See Class Timetable
 
 

Description

Administrative Law is a compulsory course which builds on Public Law (LAWS1140). The principles you will learn about in this course will themselves form the foundation for many other subjects, including Environmental Law, Refugee and Migration Law, Tax Law and Constitutional Law. Students will learn about how Australian law provides the framework for executive government (especially public service) decision making. The focus of this subject is on how the law attempts to hold the government accountable for its actions. Students will develop an understanding of how government action can be reviewed, including an ability to apply this understanding to the resolution of problems.

The course examines merits review and grievance mechanisms, such as tribunals (in particular, the Administrative Appeals Tribunal and the Administrative Decisions Tribunal) and the Ombudsman. The course also examines the development and operation of judicial review of administrative decisions under the common law and statutory review mechanisms including the Administrative Decisions (Judicial Review) Act 1977 (Cth), in addition to examining access to information through the provision of reasons for decision and the Freedom of Information Act 1982 (Cth).

Recommended Prior Knowledge

The core principles discussed in Public Law (LAWS1140), such as the separation of powers.

Course Objectives

The teaching methods and assessment strategies adopted in this course enable students to develop a range of skills. Those skills are as follows:
  • Distinguish between different genres of argument (political, social, logical, moral, legal) so as to construct a legal argument from given facts;
  • Use case law in the construction of a legal argument;
  • Interpret and apply statute law;
  • Work collaboratively with fellow students on legal and policy issues;
  • Make strategic decisions regarding possible forms of review of administrative action.

Main Topics

  • Forms of accountability;
  • The principle of legality;
  • Rules, discretion, and policy;
  • Subordinate legislation;
  • Reasons for decision and Freedom of Information laws;
  • Ombudsmen;
  • Merits Review;
  • Standing to obtain review;
  • Rules of jurisdiction and justiciability for judicial review;
  • Grounds of judicial review;
  • Natural justice or procedural fairness;
  • Judicial review remedies;

Assessment

Class participation - 10%
Mid-session take-home exam or research essay - 30%
Final exam - 60%

Course Texts

Prescribed

  • Creyke & McMillan, Control of Government Action: Text, Cases and Commentary (2009, 2nd edition).
  • LAWS1160 Administrative Law Study Guide, available at the University Bookshop. This contains the readings for each class.

Recommended
Additional recommended texts are listed in the Course Outline, which is available to all students.

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© The University of New South Wales (CRICOS Provider No.: 00098G), 2004-2011. The information contained in this Handbook is indicative only. While every effort is made to keep this information up-to-date, the University reserves the right to discontinue or vary arrangements, programs and courses at any time without notice and at its discretion. While the University will try to avoid or minimise any inconvenience, changes may also be made to programs, courses and staff after enrolment. The University may also set limits on the number of students in a course.