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LAWS2201 Administrative Law

Later Year Course

Offered By Law
Academic Career Undergraduate
Course Subject Laws
Offered in First Semester, 2010 and First Semester, 2011
Unit Value 6 units
Course Description

Administrative Law examines the legal framework for controlling decision-making by Commonwealth, State and local government decision-makers in Australia.  It focuses on the legal restraints upon government, and the role those restraints play in maintaining government accountability. The role played by courts, tribunals, Ombudsman and other agencies in reviewing government decision-making, and to the opportunities available to the public to question government activity is examined. The course covers the core administrative law material required for admission purposes and for work in the area of law and government.  The following topics will be covered:

  • what accountability means in the context of the ‘administrative state'
  • changing patterns of 'governance' in contemporary Australia
  • the historical and constitutional context of Australian administrative law
  • the administrative law framework for review of government decision-making
  • concepts and principles of merits and judicial review
  • jurisdiction and remedies available from courts and tribunals, and the principles of standing
  • other administrative law avenues including information access rights and ombudsmen
  • the impact of human rights legislation on Australian administrative law.
Learning Outcomes  A candidate who has successfully completed the subject should be able to:
  • demonstrate an understanding of the principles of judicial review of administrative action at both the State and Federal levels of government in Australia
  • identify and apply the limits on the powers of the courts to engage in judicial review of administrative action, and the constitutional protection of such review
  • identify suitable non-judicial mechanisms for providing accountability for administrative action, based on an understanding of how particular administrative law institutions fit into the overall administrative law system
  • recognise and contribute to a discussion of some of the current controversies and trends in the area of administrative law
  • think critically about administrative law, its underpinning values, and its impact on administrative decision-making
  • demonstrate improved skills in reading, interpreting and analysing cases and legislation
  • apply administrative law principles to resolve practical problems.
Indicative Assessment

Assessment in Administrative Law includes a final examination in the end of semester examination period and usually an optional (and redeemable) essay. Students should check the course outline for further information about the means of assessment, including the relationship between the assessment and the learning outcomes of the course.

Workload

Administrative Law is a compulsory course generally involving four hours of contact time per week over the semester.  Tutorials will be offered in some classes.  Students are generally expected to devote approximately 10 hours overall per week to this course. 

Areas of Interest Law
Requisite Statement

Australian Public Law LAWS1205.
Completed or completing five LAWS courses at 1000 level.

Prescribed Texts
Peter Cane and Leighton McDonald, Principles of Administrative Law: Legal Regulation of Governance (Oxford University Press, 2008) and Peter Cane and Leighton McDonald, Cases and Materials for Principles of Administrative Law (Oxford University Press, 2009) (available as a 'pack' ISBN: 9780195566390).
Preliminary Reading

Any preliminary reading will be set out in the course outline for each class.

 

Indicative Reading List A comprehensive reading guide will be available either in the course outline or a separate document available from the course web page on the ANU College of Law website.
Programs Bachelor of Music/Bachelor of Laws, Bachelor of Arts/Bachelor of Laws, Bachelor of Economics/Bachelor of Laws, Bachelor of Laws, Bachelor of Laws (Graduate), Bachelor of Commerce/Bachelor of Laws, Bachelor of Finance/Bachelor of Laws, Bachelor of Actuarial Studies/Bachelor of Laws, Bachelor of Asian Studies/Bachelor of Laws, Bachelor of Science/Bachelor of Laws, Bachelor of Science (Resource and Environmental Management)/Bachelor of Laws, Bachelor of Science (Psychology)/Bachelor of Laws, Bachelor of Information Technology/Bachelor of Laws, and Juris Doctor
Academic Contact Leighton McDonald

The information published on the Study at ANU 2010 website applies to the 2010 academic year only. All information provided on this website replaces the information contained in the Study at ANU 2009 website.

Updated:   13 Nov 2015 / Responsible Officer:   The Registrar / Page Contact:   Student Business Solutions