Administrative Law LWEN 1310

Course description:

The course will teach the basic principles that govern review of administrative action by courts and tribunals and to apply those principles in complex factual situations and to teach students to interpret statutes while problem solving. A particular focus is placed upon judicial review, including its fundamental concepts of jurisdiction, ultra vires, and procedural fairness. The course will also cover review 'on the merits' by administrative tribunals. Topics include: State and Commonwealth avenues of review; the distinction between judicial review and review 'on the merits'; error of law and error of fact; justiciability and standing; procedural fairness; ultra vires and abuse of discretion; jurisdictional error, privative clauses and judicial review remedies.

Course Aims:

Course outcomes:

This course is designed to complete students‘ understandings of the following Priestley Topics for Administrative law:
Common law and statutory avenues of judicial review at State level
Grounds of judicial review
Remedies
Administrative Appeals Tribunal
Statutory review.
Students who complete this course should:
  • understand the basic principles which govern review of administrative action by courts and tribunals;
  • have developed the cognitive skills to analyze, evaluate and synthesize information about community attitudes and political interests, to critically analyses administrative law;
  • have developed an awareness and appreciation of the political & constitutional context of administrative law and the development of administrative law, and judicial review in particular, in response to those contexts;
  • be able to think critically about administrative law and policy